Compensation standards for infringement of film and television works

Compensation for infringement of Film and television works is as follows: Generally, the infringer can compensate the right holder according to the actual losses or the infringer's illegal gains. The scope of compensation also includes the reasonable expenses incurred by the right holder to stop the infringement behavior. . Regarding the issue of compensation standards for infringement of film and television works, the editor of Legal Savior Network will give you a detailed answer below.

1. Compensation standards for infringement of film and television works

Infringement of film and television works is as follows Compensation: Generally, the infringer can compensate the right holder according to the actual loss or the infringer's illegal income. The scope of compensation also includes the reasonable expenses incurred by the right holder to stop the infringement behavior of the infringer.

"Copyright Law of the People's Republic of China"

Article 49 Infringement of copyright or infringement of copyright For copyright-related rights, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.

If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the people's court shall, based on the circumstances of the infringement, award a compensation of not more than 500,000 yuan. .

2. Is it useful to hire a lawyer for infringement of film and television works?

When copyright or copyright is infringed, you should choose formal legal channels to protect your own rights and interests and avoid serious consequences. You can ask a lawyer to fight for your rights and interests. , but for ordinary people, lawyer fees will be difficult. They can choose an intellectual property commercial rights protection company. During this process, no fees will be charged. The intellectual property rights commercial rights protection company will bear all costs and participate in compensation sharing after the case occurs.

3. What to do if film and television works infringe upon infringement

1. Rights can be safeguarded through litigation. In terms of infringement, in addition to copyright infringement, second-generation film and television works may also infringe portrait rights, name rights and reputation rights.rights and other personal rights. According to the provisions of the Copyright Law, those who infringe the copyright of others need to bear legal responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses. It should be pointed out that the legal liability for compensation for losses has been greatly adjusted in the latest revision of the Copyright Law. The original compensation amount determined by the court was increased from 500,000 yuan to 5 million yuan, which means that the cost of infringement has been greatly increased.

2. Viewing, commenting, forwarding, and liking of secondary creative short videos will bring potential income and can be realized, which is an economic benefit. Therefore, when infringement litigation determines the consequences of infringement damage and determines the amount of compensation, it can be combined with direct economic losses.

The editor tells you: infringement of film and television works may involve infringement of different types of knowledge such as copyright of works, copyright of film and television programs, rights to adapt film and television dramas, and actors' performance rights. property. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.