How to compensate for copyright infringement damages
Infringement of copyright or copyright-related rights in accordance with copyright law and relevant judicial interpretations , 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; if the actual loss of the right holder or the illegal income of the infringer cannot be determined, the people's court shall determine the actual loss based on the infringement. The circumstances of the act, and the compensation to be awarded in the judgment; when determining the amount of compensation, the People's Court shall consider the type of work, reasonable royalties, nature of the infringement, consequences and other circumstances to make a comprehensive determination. The Tort Liability Law stipulates that if the property of others is infringed upon, the property loss shall be calculated according to the market price at the time of the loss or other methods. The author believes that when calculating the amount of compensation for copyright infringement, market price is the most important consideration, but it must be a real and relevant market price.
"Copyright Law"
Fourth Article 19 If a copyright or copyright-related rights is infringed, 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 infringer's illegal income. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the People's Court shall, based on the circumstances of the infringement, award a compensation of not more than 500,000 yuan.
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