1. How much are the legal fees for copyright infringement
1. The statute of limitations for copyright infringement litigation depends on the actual situation:
(1) If a copyright infringement lawsuit is filed If compensation is involved, it will be determined based on the amount of compensation. For example, if it does not exceed 10,000 yuan, 50 yuan will be paid for each item; for the part exceeding 10,000 yuan to 100,000 yuan, 2.5% will be paid.
(2) In intellectual property civil cases, if there is no disputed amount or price, 500 yuan to 1,000 yuan shall be paid for each case; if there is a dispute, If the amount or value is high, the payment shall be made in accordance with the standards for property cases.
2. Legal basis: Article 13 of the "Measures for the Payment of Litigation Fees" case acceptance fees shall be paid according to the following standards:
(1) In property cases, according to the amount or value of the litigation claim, the cumulative payment shall be made in installments according to the following proportions:
1. No If it exceeds 10,000 yuan, 50 yuan will be paid for each item;
2. For the part exceeding 10,000 yuan to 100,000 yuan, 2.5% will be paid;
3. The amount exceeding 100,000 yuan to 200,000 yuan is paid at 2%;
4 .The portion exceeding 200,000 yuan to 500,000 yuan is subject to 1.5%;
5. The portion exceeding 500,000 yuan to 1 million yuan is subject to 1% Payment;
6. The amount exceeding 1 million yuan to 2 million yuan shall be paid at 0.9%;
7. The amount exceeding 2 million yuan to 5 million yuan is paid at 0.8%;
8 .The portion exceeding RMB 5 million to RMB 10 million shall be paid at a rate of 0.7%;
9. The portion exceeding RMB 10 million to RMB 20 million shall be paid at a rate of 0.6% Payment;
10. The amount exceeding 20 million yuan shall be paid at 0.5%.
(2) Non-property cases shall be paid according to the following standards:
1. Divorce cases shall be paid per The fee ranges from RMB 50 to RMB 300 per item. Involving property division, if the total property does not exceed 200,000 yuan, no additional payment will be made; for the portion exceeding 200,000 yuan, 0.5% will be paid.
2. For cases of infringement of name rights, title rights, portrait rights, reputation rights, honor rights and other personality rights, a fee of 100 yuan to 500 yuan will be paid for each case. When it comes to damage compensation, if the amount of compensation does not exceed 50,000 yuan, no additional payment will be made; for the part exceeding 50,000 yuan to 100,000 yuan, 1% will be paid; for the part exceeding 100,000 yuan, 0.5% will be paid.
3. For other non-property cases, a fee of 50 yuan to 100 yuan is required for each case.
(3) In intellectual property civil cases, if there is no amount or value in dispute, 500 yuan to 1,000 yuan shall be paid for each case; if the amount or value is in dispute, Pay according to the standards for property cases.
(4) Each labor dispute case shall be paid 10 yuan.
(5) Administrative cases shall be submitted in accordance with the following standards:
1. Trademarks, patents, The fee for each maritime administrative case is 100 yuan;
2. The fee for each other administrative case is 50 yuan.
(6) If the party concerned raises an objection to the jurisdiction of the case and the objection is not established, a fee of 50 yuan to 100 yuan will be paid for each case.
People of provinces, autonomous regions and municipalities directly under the Central GovernmentThe government may formulate specific payment standards within the range specified in items (2), (3), and (6) of this article based on local actual conditions.
2. How to sue for copyright Infringement
1. Collect and organize relevant evidence materials
Including evidence proving that the disputed copyright exists and can be protected by our country's laws, evidence of the relationship between the plaintiff and the disputed copyright, evidence of the existence of infringement and the specific method of carrying out the infringement, and evidence of the relationship between the defendant and the infringement. Evidence, evidence of profits from infringement and extent of infringement, etc.
2. Prove that the allegedly infringed copyright itself is established
First, prove that the plaintiff has the qualifications to be the subject of the lawsuit and that the copyright belongs to the plaintiff. That is to say, the plaintiff, as a natural person, a legal person, or a foreigner, meets the qualifications to enjoy copyright stipulated in our country's laws. Furthermore, the plaintiff has a direct legal relationship with the copyright, and the copyright belongs to the plaintiff and is licensed for use.
Second, prove the existence of the disputed work. That is, the plaintiff should provide specific works, such as books, recordings, etc.
Third, prove that the work enjoys copyright in my country. That is to prove that the work is a work created by the plaintiff, and submit the manuscript of the work to indicate the time when the creation was completed to eliminate the possibility of plagiarism by others. Moreover, the content of the plaintiff’s work is legal and falls within the scope of copyright protection. And the work is still within the protection period of copyright law.
3. Prove the existence of infringement and specific infringement methods
In the case where the defendant uses the plaintiff's work or the object of neighboring rights without authorization, the plaintiff must prove relevant evidence that the infringement was committed by the defendant and after the defendant's use. For example, if there is an infringement of unauthorized copying, publication and distribution of the plaintiff's work, the plaintiff needs to purchase the infringing items in the market. In order to make the evidence more accurate and convincing, the plaintiff can hire a fair person from a notary office to purchase the infringing items. Ask the fair person to conduct a fair review of the entire purchase process and make a fair report.Certificate.
Generally, as long as the plaintiff proves the existence of specific infringement methods, it also proves the existence of infringement.
4. Select the competent court
As Plaintiff, the basic principles for choosing a court are: the principle of convenience for the plaintiff, the principle of principle for the defendant, and the principle of choosing a larger city. This is done mainly because different courts may have different, even relatively large, differences in the results of the same case. In infringement litigation cases, there are generally several courts to choose from, so adopting the above three principles is beneficial to the plaintiff.
5. Measures before prosecution
As a plaintiff, you should consider applying for pre-litigation injunction, evidence preservation, property preservation, etc. This is mainly done to prevent the defendant from continuing to commit infringements, to fix some important evidence, and to ensure that actual economic compensation can be obtained after winning the case. These practices are all aimed at supporting the plaintiff’s claims during litigation and protecting the plaintiff’s property after winning the lawsuit.
6. Filing a case and preparing for trial
7. Require the defendant to bear legal responsibility
The plaintiff should submit evidence of the economic losses he has suffered due to the infringement; or evidence that the defendant has obtained illegal profits; Or evidence of royalties received when licensing others to use it. and submit evidence of the plaintiff’s reasonable expenses in defending rights and the damage to the plaintiff’s reputation. In this way, the court is requested to require the defendant to bear corresponding legal responsibilities in accordance with relevant laws and regulations.
According to the provisions of the "Measures for the Payment of Litigation Fees", the statute of limitations for copyright infringement litigation depends on the actual situation. If compensation is involved, It is determined based on the amount of compensation. For example, if it does not exceed 10,000 yuan, 50 yuan will be paid per case; if there is no dispute over the amount, 500 yuan to 1,000 yuan will be paid per case. 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.