What adjustments have been made to copyright infringement compensation in 2023 and what are the advantages?

In copyright infringement compensation cases, the unequal relationship between copyright owners and infringers has always been criticized. The cost of infringement is low and the profit is large. On the other hand, the infringed party cannot receive compensation commensurate with the actual loss, nor can it be severely punished to show justice. It even needs to pay high fees in the cumbersome rights protection process. The gain outweighs the loss. With the continuous improvement of the legal system, corresponding adjustments have been made to the compensation for copyright infringement. The following is the relevant content compiled for you by the editor of Legal Savior.

What adjustments have been made to copyright infringement compensation and what are the advantages

Infringement of copyright or rights related to copyright, 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 of the infringer. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.

The actual losses of the right holder or the infringer’s illegal conduct If the income cannot be determined, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement.

The amount of damages is mainly based on general damages dealt with according to the principles.

The principle of general damages is based on the tortfeasor’s The actual losses caused to the right holder shall be calculated. Actual losses include direct losses and indirect losses. If the actual loss is difficult to calculate, compensation shall be provided based on the illegal gains obtained by the infringer from the infringement. This method of calculating the amount of compensation is feasible in some cases, but due to the particularity of copyright and copyright-related rights, in some casesIn these cases, it is difficult to calculate both the actual losses of the right holder and the illegal gains of the infringer. This often results in disputes going unresolved for a long time. Due to the difficulty of verification, in practice, it often happens that even if the copyright owner wins the lawsuit, he will not receive much compensation. Sometimes the compensation received is far less than the price paid for the lawsuit, so that the copyright owner is unwilling to litigate and suffers a small loss. However, even if the infringer loses the lawsuit, he will not suffer much loss. He will make more money and pay less, but will intensify the infringement.

Based on problems existing in practice, this article is based on the original general principles above, two new handling provisions were made.

First, the amount of compensation should also include: Reasonable expenses paid by the right owner to stop the infringement. This will economically protect the price that copyright owners pay to protect their rights, and increase the enthusiasm of copyright owners to protect their rights.

Second, the statutory amount of compensation has been increased. Learn from useful experiences from foreign countries and regions. For example, Taiwan’s Copyright Law stipulates that when requesting compensation for damages, a copyright owner can choose a compensation method among actual losses, illegal gains, and statutory compensation.

If statutory compensation is chosen, the court can decide based on the infringement Depending on the circumstances, the amount of compensation may be determined between NT$10,000 and NT$500,000. If the behavior is intentional and the circumstances are serious, the amount of compensation may be up to NT$1 million. According to the actual situation in our country, it is feasible to adopt a conditional statutory compensation system. The second paragraph of this article stipulates the statutory compensation system. The principle of compensation is established based on the principle of general compensation and supplemented by statutory compensation. that is, in powerIf the actual losses of the beneficiary 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 RMB 500,000.

Infringement of Article 49 of the Copyright Law In the case of copyright or copyright-related rights, 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 of the infringer. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.

The actual losses of the right holder or the infringer’s illegal conduct If the income cannot be determined, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement.

In summary, the above is all the content compiled for you below , the law adds statutory compensation to the general principle of compensation, and also increases the standard of compensation for copyright infringement, safeguarding the rights of copyright owners to a greater extent. If you have more related detailed questions that you need to consult, you are welcome to seek help from professional lawyers on the Legal Savior Network.