1. What are the constituent elements of the crime of copyright infringement
1. Infringement The components of copyright are as follows:
(1) Object requirements. The objects of the crime of copyright infringement are the country's copyright management system and other people's copyrights and copyright-related rights and interests;
(2) Objective elements. The objective aspect of the crime of copyright infringement is the infringement of copyright and copyright-related rights and interests with serious circumstances;
(3) Main elements. The subjects of the crime of copyright infringement are general subjects, including natural persons who have reached the age of criminal responsibility and have the ability to be criminally responsible, as well as units engaged in publishing and distribution activities with or without state approval;
(4) Subjective requirements. This crime is subjectively intentional and has the purpose of making a profit.
2. Legal basis: Article 52 of the Copyright Law of the People's Republic of China
2. Calculation standards for compensation for copyright infringement
Infringement Copyright, the infringer shall bear the losses suffered by the copyright owner, and the compensation shall be calculated according to the following standards:
1. The amount of compensation shall be calculated according to the actual losses of the rights holder. .
2. If the actual loss of the right holder is difficult to calculate, compensation may be provided based on the illegal income of the infringer.
3. Actual loss or infringement of the copyright ownerIf a person's illegal income cannot be determined, the People's Court shall, based on the circumstances of the infringement, award a compensation of not more than 500,000 yuan.
4. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.
According to the "Copyright Law", the elements of copyright infringement include: the object of the infringement is the country's copyright management system and other people's copyrights and copyright-related rights and interests; The objective aspect is manifested as serious infringement of copyright and copyright-related rights and interests; the subject is an ordinary subject; the subjective aspect is intentional. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.