1. How to deal with film and television infringement
Infringement of film and television works should be compensated. Compensation The method is as follows:
(1) The actual losses of the right holder, such as reasonable licensing fees, reasonable expenses incurred by the right holder to protect the rights (lawyer fees, investigation and evidence collection costs) , transportation and travel, printing, etc.);
(2) The illegal income of the infringer, such as sales income, operating profits, net profits, etc.
(3) Statutory compensation, that is, when the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the People's Court shall determine it based on the request of the parties or ex officio Amount of compensation.
Legal basis:
Article 54 of the Copyright Law of the People's Republic of China
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 illegal gains of the infringer; If the losses or 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 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. , the infringer can be ordered toProvide account books, information, etc. related to the infringement; if the infringer fails to provide it, or provides false account books, information, etc., the people's court may determine the amount of compensation with reference to the Rights holder's claims and the evidence provided.
When hearing cases of copyright disputes, the People's Court shall, at the request of the right holder, order the destruction of infringing copies except under special circumstances; materials, tools, equipment, etc., shall be ordered to be destroyed without compensation; or under special circumstances, ordered to prohibit the aforementioned materials, tools, equipment, etc. from entering commercial channels without compensation.
2. What is the process for handling film and television infringement disputes
1. Investigation and evidence collection: When you find that someone has infringed on your film and television copyright works, you should immediately take action to investigate and collect evidence, obtain evidence of the infringement facts, and collect relevant evidence .
2. Letter to stop infringement: Based on the results of investigation and evidence collection, write to the infringer to stop the infringement.
3. Litigation and public prosecution: If the infringer refuses to stop the infringement, he can file a civil lawsuit or criminal prosecution.
4. Enforcement: After the judgment takes effect, if the other party still refuses to perform the judgment obligations, it can apply for enforcement.
3. What are the manifestations of copyright infringement
( 1) Publishing his or her work without the permission of the copyright owner;
(2) Treating the work created in collaboration with others as one's own without the permission of the co-author Publishing the created works;
(3) Not participating in the creation, but signing others' works in order to seek personal fame and fortune;
(4) Distorting or tampering with other people's works;
(5) Plagiarizing other people's works;
(6) Using the copyrighted work in exhibitions, making movies, or using methods similar to making movies without the permission of the copyright owner.works, or use works in the form of adaptation, translation, annotation, etc., unless otherwise provided;
(7) When using other people's works, remuneration must be paid without Paid;
(8) Unauthorized copyright holders of film works and works created with methods similar to filmmaking, computer software, audio and video recordings, or copyrights related to them With the permission of the relevant rights holder, leasing his works or audio and video products, unless otherwise provided;
(9) Using the works or audio and video products without the permission of the publisher The layout design of books and periodicals;
(10) Live broadcast or publicly transmit the live performance, or record the performance without the permission of the performer ;
(11) Other acts that infringe upon copyright and copyright-related rights and interests.
[Warm Tips]: The above content tells us that compensation should be paid for infringement of film and television works. The specific scope of compensation includes the right holder’s actual losses, such as reasonable licensing fees, the right holder’s reasonable expenses to protect the rights, the infringer’s illegal gains, statutory compensation, etc. In actual legal problem scenarios, case details vary. In order to accurately and quickly solve your problem and protect your legitimate rights and interests, it is recommended that you click the [Consult Now] button below to explain the details to a professional lawyer on the Legal Savior Network and solve your problem one-on-one. practical issues.
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