How to compensate for copyright infringement damages
According to Article 40 of the Copyright Law Article 9 stipulates: "In case of infringement of copyright or copyright-related rights, the infringer shall compensate the right holder according to the actual loss. If the actual loss is difficult to calculate, the infringer may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the right holder's artificial restraint. Reasonable expenses paid for infringement. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the court shall award a compensation of less than 500,000 yuan based on the circumstances of the infringement." There are three calculation methods for copyright infringement compensation in my country ：
1. The infringed party The actual loss of the right holder can be based on the actual loss
"The actual loss of the right holder" can be based on the following methods:
1) The amount by which the infringement reduces the profits of the right holder;
2) If the infringement occurs through newspaper, book publishing or similar means, please refer to the relevant national regulations Provisions on royalties;
3) Reasonable licensing fees from the right holder;
4) The number of reduced sales of the right holder's copies is multiplied by the profit of each copy;
5) The number of infringing copies is multiplied by the right holder's profit per copy Accumulation of profits;
6) Expected profit losses resulting from the inability or difficulty in performing the rights holder's license contract due to infringement;
7) Losses caused by the decrease in the value of the rights holder’s works due to infringement;
8) Other methods to determine the actual loss of the obligee.
2. Mental damage loss
Compensation for moral damages under copyright can only be limited to damage to the personal rights of the copyright, that is, damages to the personal rights of the copyright are mainly involved in disputes involving the name rights, name rights and other goodwill of citizens and legal persons. Compensation for damages. Compensation for mental damages beyond this scope is not applicable. For example:
1) Without the permission of the plaintiff, his work was published seriously against his will and the plaintiff's Having a negative impact on credibility and social evaluation
2) Plagiarizing the plaintiff's works in large quantities and having a wide impact, resulting in the defendant gaining a greater reputation
3) Seriously distorting or tampering with other people's works
4) Without permission, the plaintiff's main participation in the creation The collaborative work was published in his own name and brought the defendant a greater reputation
5) He did not participate in the creation and signed the plaintiff's work in order to seek personal fame and fortune.
6) Seriously distorted the performance image and brought negative impact to the plaintiff's social image
The above content is the relevant answer. When the interests of the copyright owner are harmed, you can directly collect evidence and file a lawsuit in the People's Court. At that time, you can ask the other party to Compensate for your own mental losses and some statutory losses. If you have other legal issues, you can consult the relevant lawyers on the Legal Savior Network.
