What are the legal provisions for compensation for copyright infringement?

The legal provisions on compensation standards for copyright infringement are that compensation shall be provided based on the actual losses suffered by the right holder or the illegal gains of the infringer; if the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, compensation may be based on the royalties for the right. Regarding the legal provisions on compensation for copyright infringement, let’s take a look at the relevant content compiled by the editor of Legal Savior Network. If you are facing a legal dispute, the situation is complicated, and you want to find a professional lawyer to assist you, please click the consultation button below.

What are the legal provisions for compensation for copyright infringement?

Compensation for copyright infringement The standard legal provision is that compensation shall be provided based on the actual losses suffered by the right holder or the illegal gains of the infringer; if the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, compensation may be based on the royalties for the right.

"Copyright Law"Article 54 Whoever infringes upon copyright or rights related to copyright shall infringe The person shall compensate the right holder in accordance with the actual losses suffered by the right holder or the illegal gains of the infringer; if the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, compensation may be made with reference to the royalties. 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 make a judgment based on the circumstances of the infringement. Compensation of not less than RMB 500 but not more than RMB 5 million shall be given.

The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.

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