How are damages calculated for infringement of authorship rights?

In practice, many of us may be exposed to issues such as compensation for infringement of authorship rights, but because we don’t know much about it, there are many things that are not very clear. Regarding this issue, next, the editor of Legal Savior Network has compiled some relevant information and will let you know together with your friends how compensation for infringement of signature rights is calculated.

How is compensation for infringement of authorship rights calculated

How to calculate compensation for infringement of signature rights according to China’s civil law The basic principle of liability for compensation is that the principle of full compensation or comprehensive compensation should be applied, which is the so-called "fill-in principle", that is, the infringer should fully compensate the right holder for his losses. In judicial practice, compensation The calculation methods mainly include the following:

1. Calculated based on the loss of the right holder;

2. Calculated based on the infringer’s profit from infringement.

3. Calculated based on the normal license fee;

4. The fixed compensation standard of the Supreme People’s Court shall apply .

In addition, the parties may also agree to use other calculation methods to calculate the amount of loss compensation. Methods such as appraisal and appraisal can also be used in compensation calculations. However, in specific cases, there is often controversy in trial practice as to how the right holder's losses should be calculated. Therefore, the issue of damages for copyright infringement has become the focus of both parties in copyright litigation. In the face of new developments in science and technology, new types of infringement cases involving computer software, databases, the Internet and other information technology-related cases have emerged in the field of copyright, and the issue of compensation for copyright infringement has become more complicated.

Hope that through the above content you can sign the infringement Have a more in-depth understanding of some issues related to the right to compensation. If your situation is more complicated, this website also provides online lawyer consultation services. You are welcome to seek legal consultation.