How much is the compensation for general copyright infringement?

Generally, the standard of compensation for Copyright infringement is calculated based on the actual losses caused to the right holder or the infringer's violation of the law. There is no fixed value. However, it is difficult to determine the losses or illegal gains that may be caused in actual infringement cases. In this case, In this case, the compensation can also be calculated based on the copyright license fee. Below, you can follow the editor of Legal Savior Network to learn more about the calculation basis of compensation in copyright infringement cases.

1. How much is the compensation for general copyright infringement?

General compensation The standard is determined based on the actual losses caused to the infringer or the illegal gains of the infringer. If the actual losses and illegal gains are difficult to calculate, compensation can still be based on the copyright license fee. If the rights royalties are also difficult to calculate, the people's court shall Compensation will be determined if the infringement is between more than 500 yuan and less than 5 million yuan.

"Copyright Law of the People's Republic of China" Article 54

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 a person's illegal gains are 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 rights usage fees, 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.

People's Court TrialWhen handling copyright dispute cases, at the request of the right holder, the infringing copies shall be ordered to be destroyed except under special circumstances; the materials, tools, equipment, etc. mainly used to make the infringing copies shall be ordered to be destroyed without compensation; or in special cases, In this case, the above-mentioned materials, tools, equipment, etc. shall be ordered to be prohibited from entering commercial channels without compensation.

2. Is the copyright infringement compensation agreement valid?

A compensation agreement is valid if it meets the following conditions:

(1) The perpetrator has the appropriate Capacity for civil conduct;

(2) True intention;

(3) No violation The mandatory provisions of laws and administrative regulations do not violate public order and good customs.

3. After a lawsuit for compensation for copyright infringement, what basic principles should be followed in court mediation?

1. The principle of voluntariness of the parties.

The principle of voluntariness of the parties means that court mediation, whether it is the conduct of mediation activities or the formation of a mediation agreement, must be based on the voluntariness of the parties. The specific requirements of this principle are: first, procedurally, the parties must be willing to resolve disputes through mediation; secondly, substantively, whether a mediation agreement is reached, the wishes of the parties must be respected.

2. The principle of ascertaining facts and distinguishing right from wrong.

The principle of ascertaining facts and distinguishing right from wrong means that court mediation should be conducted on the basis that the facts are basically clear and the rights and obligations between the parties are basically clear. . The specific requirement of this principle is that the People's Court must conduct mediation activities on the basis of ascertaining the basic facts of the case and distinguishing the rights and wrongs of the parties.

3. Principle of legality.

The principle of legality refers to the principle that court mediation must follow legal procedures and the mediation agreement formed must not violate the legal provisions of the country.

This originalThe specific requirements are:

First, mediation activities conducted by the People's Court must be procedurally legal. If the parties are unwilling to mediate or are unwilling to continue the mediation, they should not be forced to mediate; if the mediation fails, the mediation should not be pending for a long time, but a judgment should be made in a timely manner, etc.

Second, when the People's Court conducts mediation, the content of the mediation agreement should not violate the country's legal provisions. According to the provisions of the law, mediation should be voluntary by the parties and should be legal.