1. Do I need compensation for plagiarism?
Yes. Plagiarism refers to the act of stealing another person's work and passing it off as one's own, completely copying another person's work or changing its form or content to a certain extent in the same way. This is a serious infringement of the copyright of others, and it is also an act that is difficult to identify in copyright trial practice.
"Copyright Law"
Article 47 Whoever commits the following infringement acts shall Depending on the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:
(1) Publishing the work without the permission of the copyright owner;
(2) Without the permission of the co-author, the work created in collaboration with others is published as a work created alone;
(3) Signing others' works for the purpose of seeking personal fame and fortune without participating in the creation;
(4) Distortion , Tampering with other people’s works;
(5) Plagiarizing other people’s works;
(6 ) Without the permission of the copyright owner, use the work for exhibitions, making movies, or using methods similar to making movies, or using the works by adapting, translating, annotating, etc., except as otherwise provided for in this law;
(7) Remuneration should be paid for using other people's works but has not been paid;
(8) Film works and The copyright holder of a work, computer software, or audio and video recordings created using a method similar to that of filmmaking, or the copyright-related rights holder, may rent the work or audio or video recording with permission, except as otherwise provided for in this law;
(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher;(10) Failure to do so Live broadcast or publicly transmit the live performance, or record the performance with the permission of the performer;
(11) Other copyright infringement and copyright-related violations
2. How to calculate compensation for plagiarism in TV dramas
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 the infringer according to the actual loss. The amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringement.
The actual losses of the right holder or the illegal gains of the infringer If it cannot be determined, the people's court will award a compensation of less than 500,000 yuan based on the circumstances of the infringement.
Damages for copyright infringement are a specific type of compensation. Civil legal relationship. That is to say, the infringer illegally infringes on the copyright or copyright-related rights and interests of others, causing property or non-property losses to the copyright owner. The copyright owner has the civil right to request compensation for the loss from the infringer. The infringer has Civil legal relationship of civil obligation to compensate for losses.
We can understand that according to regulations, plagiarism is illegal and requires compensation. This is in the country There are relevant regulations in the law, and they must be implemented in accordance with the regulations. I hope everyone understands. The above-mentioned relevant content compiled by the editor of Legal Savior Network is for you. If you still have any questions, you can consult the relevant lawyers of Legal Savior Network.
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