1. Does the amount of compensation for copyright infringement include reasonable expenses incurred to stop the infringement?
1. Including reasonable expenses to stop the infringement. If a copyright owner claims compensation from an infringer, in addition to claiming compensation for infringement, he or she may also claim reasonable expenses paid by the copyright owner to stop the infringement.
2. Legal basis: "Copyright Law of the People's Republic of China"
54 If a copyright or copyright-related rights is infringed upon, the infringer shall compensate the right holder based on the actual losses suffered or the infringer’s illegal gains; if the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, the infringer may refer to the right Compensation will be provided for usage fees. 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 make a judgment of five hundred yuan based on the circumstances of the infringement. Compensation of more than 5 million yuan and less than 5 million yuan.
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, the person responsible forThe order prohibits the aforementioned materials, tools, equipment, etc. from entering commercial channels without compensation.
2. How to protect copyright infringement
(1) Self-negotiation
If the two parties can reconcile after the infringement occurs, the copyright can be People can quickly and effectively realize and defend their rights and interests, and it can also enable infringers to avoid damage to their reputation. If the parties are unwilling to negotiate or cannot reach an agreement, the parties may directly file a civil lawsuit with the court.
(2) Mediation
Mediation is not a necessary procedure for resolving copyright disputes. The parties are willing to If you fail to reach a mediation agreement through mediation or regret after mediation, you can directly file a lawsuit in court.
(3) Arbitration
Arbitration is often limited to contract disputes, and submission for arbitration must be Written agreement or written arbitration clause.
(4) Civil litigation
After a copyright dispute occurs, if both parties are unwilling to negotiate or Negotiations fail; the parties are unwilling to mediate the agreement or regret after mediation; and the parties have neither a written arbitration agreement nor an arbitration clause in the copyright contract; or the arbitration award is made but the people's court believes that the arbitration award is statutory and should not be enforced. In any case, you can file a lawsuit directly with the People's Court. Litigation is the ultimate way to resolve civil disputes. Civil litigation applies to both tort disputes and contract disputes.
According to the provisions of the Copyright Law, if a copyright owner claims compensation from an infringer, in addition to claiming compensation for infringement, he can also claim that the copyright owner artificially stopped the infringement. Reasonable expenses paid. 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.
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