1. How much compensation is required for copyright infringement
1. How much compensation is required for copyright infringement? Compensation shall be an amount similar to actual losses or illegal gains. However, if the actual losses of the copyright owner and the illegal gains of the infringer cannot be calculated or are difficult to calculate, the specific amount of compensation can be determined by referring to the royalties for the copyright.
2. Legal basis: Article 54 of the "Copyright Law of the People's Republic of China" stipulates that if copyright or copyright-related rights are infringed, the infringer shall Compensation shall be provided for the actual losses suffered by the person or the illegal gains of the infringer; if the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, compensation may be provided with reference to 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.
2. How to sue for copyright infringement
The litigation process for copyright infringement is as follows:
1. Collect and organize relevant evidence materials, including evidence proving that the disputed copyright exists and can be protected by Chinese law, evidence of the relationship between the plaintiff and the disputed copyright, the existence of infringement and the specific methods of carrying out the infringement. evidence, evidence of the relationship between the defendant and the infringement, evidence of the infringement profits and the extent of the infringementEvidence etc.
2. Prove that the allegedly infringed copyright itself is established:
(1) Prove that the plaintiff Qualified as a subject of litigation, 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.
(2) Prove the existence of the disputed work. That is, the plaintiff should provide specific works, such as books, recordings, etc.
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