1. Do you need compensation if you infringe copyright and make no profits?
What if you infringe copyright? If there is no profit and no economic benefit is obtained after the infringement is committed, the actual loss suffered by the copyright owner needs to be determined, and the specific amount of compensation to be paid must be determined. If the loss cannot be determined, the legal amount shall be determined. compensation provisions to determine the amount of compensation.
If there is no profit for copyright infringement, compensation needs to be paid. If no benefit is obtained from the infringement, if actual damage is caused, compensation shall be based on the actual loss. Loss and gain cannot be If it is determined, the people's court will award a compensation of not more than 500,000 yuan based on the circumstances of the infringement.
In case of infringement of copyright or 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 compensate according to the infringer's actual loss. Compensation will be provided for illegal gains. 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. .
"Copyright Law"Article 54
In case of infringement of copyright or copyright-related rights, the infringer shall calculate the actual losses suffered by the right holder or the illegal gains of the infringer. Compensation shall be provided; if the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, compensation may be provided with reference to the royalties for the right. For intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be awarded in the amount of not less than one time but not more than five times the amount determined according to the above method.
If it is difficult to calculate the actual losses of the right holder, the illegal gains of the infringer, and the royalties for use of rights, the People's Court shall, based on the circumstances of the infringement, make a judgment of not less than RMB 500 but not more than RMB 5 million. compensation.
The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
In order to determine the amount of compensation, the people's court shall assume that the right holder has fulfilled the necessary burden of proof and the account books and materials related to the infringement are mainly in the hands of the infringer. , can order the infringer to provide account books, materials, etc. related to the infringement; if the infringer fails to provide it, or provides false account books, materials, etc., the people's court can determine the amount of compensation with reference to the rights holder's claims and the evidence provided.
The People's Court hears cases of copyright disputes and, at the request of the right holder, orders the destruction of infringing copies except under special circumstances; materials, tools, equipment, etc., shall be ordered to be destroyed without compensation; or under special circumstances, ordered to prohibit the aforementioned materials, tools, equipment, etc. from entering commercial channels without compensation.
2. How to deal with copyright disputes?
Copyrighters and neighboring rights holders When you discover that your rights have been illegally infringed upon, you can resolve the infringement dispute through mediation, arbitration, or litigation.
1. Mediation
Mediation means that when a dispute occurs, under the auspices of a mediation organization Dispute resolution methods for parties to reach a settlement agreement. Mediation organizations can be copyright administrative departments and other departments, or other social groups and mass organizations. Both copyright infringement disputes and contract disputes can be resolved through mediation. Mediation agreements are not legally binding and cannot be enforced. After reaching an agreement, if one party regrets and does not agree to implement the mediation agreement, the mediation agreement will lose its validity and the parties can resolve the dispute through litigation.
2. Arbitration
Arbitration refers to a dispute resolution method in which an arbitration institution adjudicates the disputes between the parties in accordance with certain arbitration procedures. Copyright arbitration is conducted by copyright arbitration institutions and is mainly applicable to the resolution of copyright contract disputes, and must be stipulated in the copyright contract. If there is an arbitration clause or a written arbitration agreement is reached afterwards, if there is no arbitration clause or a written arbitration agreement is not reached afterwards, arbitration cannot be carried out. Arbitration by the copyright arbitration authority is legally enforceable. If one party fails to perform the arbitration award, the other party may Apply to the People's Court for compulsory execution.
A large amount of illegal gains or other serious circumstances are important criteria for distinguishing copyright infringement crimes from civil infringements. Although there is infringement Copyright-related acts, but the amount of illegal gains is not large or the circumstances are not serious, it is a general civil infringement and cannot be treated as a crime.
3. Types of copyright infringement
1. Direct infringement. Copying, publishing, distributing, or publishing in any way without the permission of the author or other copyright holders. Adaptation, translation, broadcast, performance, exhibition, filmmaking, etc., all constitute direct infringement of copyright. This kind of infringement is the main target.
2. Indirect infringement. The infringer's infringement behavior is a continuation of the citizen's infringement behavior, thus constituting indirect infringement; or a person must bear certain responsibility for the citizen's behavior, but he himself has not directly engaged in any infringement behavior.
3. Infringement of contract. This kind of infringement mainly occurs in copyright transfer and copyright licensing activities. For example, the copyright transferee or licensee violates the contract and arbitrarily exceeds the transfer limit. Use the copyright as stipulated in the agreement or license agreement. This behavior constitutes both breach of contract and infringement. This situation occurs more often in the transfer and licensing of computer software.
4. Partial infringement. The infringer does not copy, adapt, translate or otherwise use the citizen's work in full without the permission of the copyright owner, but partially infringes and uses the citizen's work. Partial infringement is the most common, and in real life This method is basically used by Chinese booksellers to edit large-scale reference books. They take large excerpts from various books and edit them into reference books. Since some infringements fall on the blurry border between infringement and "fair use", they can easily be exploited maliciously. , it is difficult to determine whether it is an infringement in litigation practice.
5. As long as the infringer contacts the person without the consent of the parties,Any violation of the copyright can be deemed as illegal contact. The forms of contact include publishing, displaying, plagiarizing, tampering, using citizens’ copyright to obtain benefits, etc. These behaviors directly or indirectly infringe the copyright of the parties involved, and the infringer should bear the liability for infringement. .
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