What are the concepts and legal characteristics of damages for copyright infringement
Damages for copyright infringement are damages suffered by the victim due to the infringement. The loss suffered shall be the amount of compensation.
Legal characteristics:
A specific civil legal relationship. That is to say, the infringer illegally infringes on the copyright or copyright-related rights and interests of others, causing property or non-property losses to the copyright owner. The copyright owner has the civil right to request the infringer to compensate for the loss, and the infringer has the civil right to compensate for the loss. civil legal relationship of obligations.
This mainly reveals the rights subject and obligation subject of copyright, that is, The rights and obligations relationship between the copyright holder and the infringer is also a legal obligation and a specific form of civil liability.
When an infringer infringes upon the property rights or personal rights of another person's copyright, causing the copyright owner's property or non-property If the infringer fails to fulfill his obligation to compensate for the loss, the law forces the infringer to bear civil liability to compensate for the loss. This civil liability to compensate for the loss is the civil liability to compensate for copyright infringement.
Copyright infringement first creates a relationship of rights and obligations for damages. When the obligor fails to perform When a duty is due, the obligation to compensate for damages is transformed into a civil liability.
A civil legal system regarding copyright. Civil law stipulates that anyone who causes damage to other people's property due to his or her own behavior must compensate for it. This kind of damage compensation system includes copyright damage compensation system, copyright breach of contract damage compensation system, unjust enrichment damage compensation system, etc.
The copyright infringement damage compensation system is a specific In the copyright civil legal system, one of the first and most critical issues in correctly handling copyright damage compensation cases is to grasp the liability principles for copyright infringement damage compensation.
The principle of liability is a basis of civil tort law and theory The important core is also the basic criterion for the People's Court to try civil tort damage compensation cases. In the case where the legal provisions and theories on copyright infringement are not complete, it is particularly important to accurately grasp and exert the function of the liability principle for copyright infringement. The principle of liability for civil infringement refers to the fact that the damage has already occurred.The principle of determining whether the infringer needs to bear civil liability for the damage caused by his own infringement behavior.
Imposition refers to the basis for infringement person bears civil liability. That is to say, whether the tortfeasor should bear civil liability based on the fault of the tortfeasor, the result of damage or fair consideration.
Hope that through the above content you can prevent copyright infringement damage Related issues have a more in-depth understanding. If your situation is more complex, Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
