What are the compensation provisions related to copyright infringement
In case of infringement of copyright or copyright-related rights, the infringer shall be responsible for the actual losses suffered by the right holder or the illegal gains of the infringer. Compensation shall be provided; if the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, compensation may be provided with reference to the royalties for the right. 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 decide to award 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 shall assume that the right holder has fulfilled the necessary burden of proof and the account books and materials related to the infringement are mainly in the hands of the infringer. , can order the infringer to provide account books, materials, etc. related to the infringement; if the infringer fails to provide it, or provides false account books, materials, etc., the people's court can determine the amount of compensation with reference to the rights 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.
Those who commit the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses; at the same time, they will harm the public interest. If the case is serious, the copyright administrative department may order the infringement to cease, confiscate the illegal gains, confiscate and destroy the infringing copies, and impose a fine; if the circumstances are serious, the copyright administrative department may also confiscate materials and materials mainly used to make infringing copies. Tools, equipment, etc.; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Copying, distributing, performing, screening, broadcasting, compiling, or disseminating the work to the public through information networks without the permission of the copyright owner, unless otherwise provided for in this law;
(2) Publishing books for which others have exclusive publishing rights;
(3) ) Without the permission of the performer, copy or distribute audio and video recordings of his or her performance, or disseminate his or her performance to the public through information networks, except as otherwise provided for in this law;
(4) Copying, distributing, and disseminating to the public through information networks the audio and video products produced without the permission of the audio and video producers, except as otherwise provided for in this law;
(5) Playing or copying radio or television without permission, except as otherwise provided for in this law;
( 6) Without the permission of the copyright owner or the copyright-related rights holder, deliberately avoid or destroy the technical measures taken by the rights holder to protect the copyright or copyright-related rights for his works, audio and video products, etc., if the law or administrative regulations are otherwise Except as specified;
(7) Deliberately deleting or changing the rights management of works, audio and video products, etc. without the permission of the copyright owner or copyright-related rights holder Electronic information, except as otherwise provided by laws and administrative regulations;
(8) Producing and selling works that counterfeit the signature of others.
When determining the amount of compensation, the people's court should consider the type of work, reasonable royalties, nature of the infringement, consequences and other factors to comprehensively determine the amount.
3. Reasonable expenses paid to stop the infringement, including the reasonable expenses of the right holder or its authorized agent to investigate and collect evidence on the infringement. The People's Court may, based on the parties' litigation claims and specific case circumstances, calculate attorney fees that comply with the provisions of relevant state departments into the scope of compensation.
According to relevant legal provisions, if the perpetrator does commit copyright infringement, then as the copyright owner, he can request the court to demand compensation for damages from the other party. The amount is generally calculated based on the actual benefits obtained or losses caused. The highest is less than 500,000 yuan.
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What are the roles of lawyers at different stages?
1. Negotiation stage: Lawyers can Check the specific contents of the compensation agreement and the letter of understanding, find loopholes to fight back, and save both parties time at a low cost.
2. Arbitration stage: Lawyers can help the parties analyze The facts of the case and the pros and cons enable the parties to clarify their position in the arbitration. After accepting the appointment for arbitration, the lawyer shall appear in court to participate in the arbitration, participate in the court investigation and debate, and state his opinions and demands in accordance with the law. If the parties do not perform the arbitration award, they may, in accordance with the provisions of the law, Apply to the court with jurisdiction for enforcement.
3. Litigation stage:
( 1) It can reduce litigation risks. Litigation involves a lot of legal expertise. Therefore, hiring a lawyer can fully control and prevent litigation risks.
(2) As The plaintiff can ask a lawyer to make a comprehensive claim for compensation, and as a defendant, he can have equal rights with the other party. After fully understanding the case, the lawyer can propose comprehensive compensation for the losses suffered by the victim, and guide the parties or have the lawyer collect complete evidence. , so that the request you make can be supported as much as possible. As the defendant's attorney, you can also fight against it and safeguard your legitimate rights and interests.
(3) Request a lawyer It can reduce the pain of the parties concerned. Ordinary people rarely deal with the court, especially when they encounter unreasonable opponents. It is difficult for an ordinary person to accept this reality. After hiring a lawyer, you can entrust the lawyer with full authority to handle the matter, which saves you a lot of troubles. Hiring a lawyer will provide you with a better guarantee of winning the case and a more complete claim.
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