How to file for compensation if your photography photos are infringed in 2023

Photography photos have copyright from the day they are completed and are also protected by law. We users cannot do so at will, otherwise it will cause infringement. So, in practice, how should the copyright owner file for relevant compensation in the case of such infringement? Regarding this question, the editor of Legal Savior Network has compiled the following content to answer your question. I hope it will be helpful to you.

How to file for compensation if a photograph is infringed

1. The rights holder of the picture Actual losses or the actual amount of infringement by the picture infringer; picture infringement should first consider the actual losses, that is, the actual losses of the picture right holder or the actual losses caused by the picture infringer to the rights holder due to the infringement.

2. Illegal profits and rights of the picture infringer If the actual loss of a person cannot be estimated, the compensation standard can also be used to estimate the amount of compensation required based on the illegal profits of the picture infringer.

3. When none of the above can be determined, the court will make a decision based on the specific details. When the actual losses of the right holder and the illegal profits of the infringer cannot be estimated, the court will analyze the specific situation based on the evidence submitted by both parties, and finally determine the amount of compensation based on the actual circumstances.

If the actual loss is difficult to calculate, compensation may be provided based on the infringer's illegal gains. The amount of compensation shall also include the reasonable expenses paid by the right holder 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 award a compensation of less than 500,000 yuan based on the circumstances of the infringement."

Everyone will understand after reading this article. In practice, this often happens. Because we lack legal knowledge in this area, we will commit infringement. As a copyright owner, we must protect our rights in accordance with the provisions of the law in order to obtain corresponding compensation. If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.