1. How to determine the amount of compensation for infringement of copyright or copyright-related rights
1. For infringement of copyright or copyright-related rights, the amount of compensation shall be determined according to the following circumstances:
(1) The infringer shall determine the amount of compensation based on the actual consequences suffered by the right holder. Compensation shall be provided for the losses or illegal gains of the infringer;
(2) If the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, the rights may be used with reference to Compensation shall be made;
(3) 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 determine the actual losses based on the infringement. According to the circumstances, the court ordered a compensation of not less than 500 yuan but not more than 5 million yuan.
2. Legal basis: "Copyright Law of the People's Republic of China"
54 If a copyright or copyright-related rights is infringed upon, the infringer shall compensate the right holder based on the actual losses suffered or the infringer’s illegal gains; if the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, the infringer may refer to the right Compensation will be provided for usage fees. 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.
In order to determine the amount of compensation, the People’s Court mustThe burden of proof is necessary, and the account books and materials related to the infringement are mainly in the possession of the infringer, the infringer may be ordered to provide the account books, materials, etc. related to the infringement; if the infringer fails to provide them, or provides false account books, materials, etc. , the people's court may determine the amount of compensation with reference to the right holder's claims and the evidence provided.
The People's Court hears cases of copyright disputes and, at the request of the right holder, orders 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. Requirements for copyright infringement
1. Copyright infringement must be illegal
The act that causes damage must be illegal, and the perpetrator must be illegal Be liable for compensation. Otherwise, even if there is damage, the perpetrator cannot be held liable for compensation. Regardless of whether the activities carried out by the perpetrator infringe upon the interests of the copyright owner or whether the activities they carry out pose a major threat to the interests of the copyright and will inevitably damage the interests of the copyright owner in the future, this constitutes a copyright infringement.
2. The fact of damage that infringes the copyright is required
The fact of damage usually refers to the infringer The behavior committed objectively caused harm to the injured party. If the infringer's behavior causes damage to the copyright owner and there is no legal reason for liability, the infringer shall bear legal liability.
3. There needs to be a causal relationship between copyright infringement
Only when the copyright infringer commits When there is a causal relationship between the infringement and the damage, the infringer shall bear liability. If the infringer violates the law, but the victim's damage has nothing to do with it, he cannot be held liable for compensation.
4. There needs to be subjective fault for infringement of copyright
In the act of infringement of copyright, Where fault liability applies, the person who is subjectively at fault must bear the responsibility. Fault is a state of mind of an actor that determines his actions. Fault includesThere are two forms of intention and negligence. When a copyright infringer foresees that his infringement will damage the copyright rights of others, but still hopes or allows his infringement to occur, he is subjectively at fault.
According to the provisions of the Copyright Law, the amount of compensation for copyright infringement is determined based on the losses caused by the right holder or the illegal gains of the infringer; it is difficult to determine the losses and gains. If it is difficult to agree, the compensation shall be between five hundred yuan and five million yuan. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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