What are the calculation methods for copyright infringement compensation in 2023?

Copyright belongs to the rights of the relevant persons, and not everyone enjoys this right. The object of copyright is a work, which refers to an intellectual achievement in the fields of literature, art, and science that is original and can be reproduced in some tangible form. Below, the editor of Legal Savior Network will compile relevant information for you, hoping it will be helpful to you.

What are the calculation methods for copyright infringement compensation

According to the "Copyright Article 48 of the Law stipulates: "In case of infringement 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. The amount of compensation is also It should 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 court shall award a compensation of less than 500,000 yuan based on the circumstances of the infringement." Copyright infringement in my country There are three calculation methods for compensation: 1. Based on the actual losses of the infringed party; 2. Based on the illegal gains of the infringer; 3. Statutory compensation.

There are also some specific practices in judicial practice. We can choose to apply these compensation methods and calculate them in the way that is most beneficial to us. The following introduces the application and calculation of the three compensation calculation methods and the main practices in judicial practice.

1. Based on the actual losses of the infringed party

"The actual losses of the right holder "Loss" can be calculated according to the following methods:

1) The amount of reduction in profits of the right holder due to infringement;

2) For infringement through newspaper, book publishing or similar means, please refer to the national regulations on royalties;

3) The right holder’s reasonable license fee ;

4) The reduction in the sales volume of the right holder's copy multiplied by the profit of each copy;

5) The number of infringing copies multiplied by the number ofThe accumulation of profits from each copy;

6) Expected profit losses resulting from the inability or difficulty in performing the Rights holder's license contract due to infringement;

7) Losses caused by the decrease in the value of the rights holder's works due to infringement;

8) Other identified rights holders Actual loss method.

In addition, the expenses incurred by filing a lawsuit should also be included in the scope of compensation. There may be many expenses incurred in filing a lawsuit, including: the cost of hiring a lawyer, the cost of investigation and evidence collection and travel expenses to stop the infringement, the cost of reviewing and collecting evidence materials, the cost of identifying whether infringement is constituted, etc. The investigation fees, attorney fees and other expenses incurred by the infringed party due to litigation should be included in the scope of the actual losses of the infringed party so that the parties concerned can receive full and reasonable compensation. These expenses are the actual expenses that the infringed party must pay to stop the infringement, and should be the actual losses of the infringed party.

The above is the relevant information compiled by the editor of Legal Savior Network for everyone. To sum up, we can understand that for works created jointly by two or more people, the copyright is shared by the co-authors. People who did not participate in the creation cannot become co-authors, and collaborative works can be divided and used. If you have any other questions, please feel free to consult online.