Do I need to pay compensation for online image infringement
1. Actual losses of the picture right holder or actual infringement by the picture infringer Quantity;
Image infringement should first consider actual losses. That is, the actual losses of the picture right holder or the actual losses caused by the picture infringer to the rights holder due to infringement.
2. Illegal profits of the infringer of the picture;
If the actual loss of the right holder cannot be estimated, the compensation standard The amount of compensation required can also be estimated based on the illegal profits of the image infringer.
3. When none of the above can be determined, the court willJudgment based on specific details.
The actual losses of the right holder and the illegality of the infringer When the profit cannot be estimated, the court will analyze the specific situation based on the evidence submitted by both parties, and finally determine the amount of compensation based on the actual situation.
Infringement of Article 49 of the Copyright Law In the case 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 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.
The actual losses of the right holder or the infringer’s illegal conduct If the income cannot be determined, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement.
Based on the relevant answers to the above content, it can be concluded that If the use of works on the Internet reaches a relatively serious level, the copyright owner can directly sue and then demand repayment of all illegal benefits, and some compensation will also be required. If you have relevant legal consultation, you can call the online lawyer of Legal Savior Network for answers .
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