1. Content changes
The new copyright law introduces a punitive damages system for infringement , significantly increasing the cost of infringement and illegal acts, and increasing the upper limit of compensation by 10 times to "support" creators. The definition and types of works have been improved, and online games, live events, short videos, etc. are covered, and the scope of protection has been further expanded.
(1) Added punitive damages system for infringement
According to Article 54 of the Copyright Law of the People's Republic of China
Infringement For copyrights or rights related to copyrights, the infringer shall compensate the right holder based on the actual losses suffered by the right holder or the illegal gains of the infringer; if the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, the right royalties may be referred to Give compensation. 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.
, the verdict was to award a compensation of not less than RMB 500 but not more than RMB 5 million.
(2) Modifying film works into audio-visual works
There are a total of 42 decisions on amending the Copyright Law this time. First of all, the definition of a work was clarified. During this revision process, many opinions suggested that a work is the core concept of the Copyright Law. Clarifying its definition is of great guiding significance for judging whether it constitutes a work in practice.
It is worth mentioning that in the pre-amended Copyright Law, films and similar film-making techniques were changed to visualListening to the works, this is fully considering the practical needs of the development of new technologies and new media in our country, especially the Internet, especially the issue of short videos. At the same time, it is clarified that the copyright ownership of audio-visual works, that is, the copyright of movies and TV series in audio-visual works is owned by the producers, but authors such as screenwriters, directors, photographers, lyrics, and composers have the right to authorize and sign contracts with the producers to receive remuneration. As for the ownership of the rights of other audio-visual works, this time it is clearly stipulated that if there is an agreement between the parties, if there is no agreement or the agreement is unclear, it belongs to the producer. It can be said that this revision takes into account and balances the interests of various subjects.
From the above content, we can know that according to "Copyright Law of the People's Republic of China", If it is difficult to calculate the actual losses of the right holder, the illegal gains of the infringer, and the rights royalties, the people's court shall Based on the circumstances of the infringement, the verdict was to award a compensation of not less than 500 yuan but not more than 5 million yuan, and the upper limit of compensation was increased by 10 times. The specific procedures can be found above. If you have other questions that need to be answered, you are welcome to consult an online professional lawyer on the Legal Savior Network.
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