1. Compensation standards for film and television infringement
1. Based on the actual circumstances of the infringement Compensation shall be provided for the losses or illegal gains of the infringer;
2. If the losses or illegal gains of the infringer are difficult to calculate, compensation may be provided with reference to the royalties;
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3. If it is difficult to calculate the actual losses of the right holder, the illegal gains of the infringer, and the royalties, the penalty shall be between 500 yuan and 5 million yuan depending on the actual situation. compensation.
Article 54 of the Copyright Law of the People's Republic of China
In case of infringement of copyright or copyright-related rights, the infringer shall compensate the right holder according to the actual losses suffered by the right holder or the infringer's illegal gains; If the illegal income is difficult to calculate, compensation may be given based on the royalties. 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. , the infringer may be ordered 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 may refer to the rights holder's claims andThe evidence provided determines the amount of compensation.
When hearing cases of copyright disputes, the People's Court shall, at the request of the right holder, order 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. Procedure for finding a lawyer for film and television infringement
1 , Go to a law firm to complete the entrustment procedures. If the law firm believes that it can accept the appointment, it shall sign a lawyer contract with the party, go through the entrustment procedures, clarify the rights and obligations of the party and the law firm, and state the name of the lawyer assigned by the law firm to handle the case, and the name of the lawyer assigned by the law firm to handle the case. The parties and the law firm shall sign and seal, and indicate the date of conclusion of the contract;
2. Pay the attorney fee. A lawyer's legal services are a paid service, so the client must pay a certain amount of legal fees when hiring a lawyer. Generally, law firms charge case-handling fees within the prescribed range from the parties in accordance with the provisions of the "Trial Measures for Lawyers' Fees" and based on the complexity of the business undertaken, the length of time required, and the subject matter of the litigation. Of course, for parties who really cannot afford legal fees, law firms can provide them with legal assistance at reduced or free fees or as little charge as possible.
3. How to deal with infringement of film and television dramas
1. Negotiate on your own. If the two parties can reconcile after the infringement occurs, it will not only allow the copyright owner to quickly and effectively realize and safeguard its rights and interests, but also enable the infringer to avoid damage to his reputation;
2. Mediation. Mediation is not a necessary procedure for resolving copyright disputes. If the parties are willing to mediate, fail to reach a mediation agreement, or regret after mediation, they can directly file a lawsuit with the People's Court;
3 ,arbitration. Arbitration is often involved in contract disputes, but there are many cases of infringement arbitration. The key lies in whether an arbitration agreement has been reached;
4. Civil litigation. After a copyright dispute occurs, if both parties are unwilling to negotiate or fail to reach an agreement, are unwilling to mediate the agreement, or regret it after mediation, and the parties have neither a written arbitration agreement nor an arbitration clause in the copyright contract.If the arbitration award is made, or if the People's Court believes that the arbitration award should not be enforced under statutory circumstances, it can directly bring a lawsuit to the People's Court.
The editor of Legal Savior Network reminds you: there are different compensation methods for infringement of film copyrights, and the specific compensation methods need to be determined according to the specific circumstances. In actual legal problem scenarios, case details vary. In order to accurately and quickly solve your problem and protect your legitimate rights and interests, it is recommended that you contact the professional lawyers of the Legal Savior Network to explain the detailed situation and solve your actual problem one-on-one. To provide you with better service.
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