What are the provisions for copyright infringement and compensation?
Copyright infringement and compensation The provisions are as follows:
Article 47 of the "Copyright Law" Who commits the following infringement acts shall, according to the circumstances, be responsible for stopping the infringement, eliminating the impact, and making amends. Civil liabilities such as apology and compensation for losses:
(1) Publishing the work without the permission of the copyright owner;
(2) Publish a work created in collaboration with others as a work created alone without the permission of the co-author;
(3) Without participating in the creation, in order to seek personal fame and fortune, sign on other people's works;
(4) Distorting or tampering with other people’s works;
(5) Plagiarizing other people’s works;
(6) Without the permission of the copyright owner, the work is used for exhibitions, making movies, or using methods similar to making movies, or using the works by adapting, translating, annotating, etc., this Law shall Except as otherwise provided;
(7) Remuneration should be paid for using other people’s works but has not been paid;
(8) Copyright holders of unauthorized film works and works created using methods similar to filmmaking, computer software, audio and video recordings, or copyright-related rights With the permission of the other party, the works or audio and video recordings may be rented out, except as otherwise provided for in this Law;
(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher;
(10) Live broadcast or publicly transmit the live performance, or record the performance without the performer's permission;
(11) Other infringements of copyright and copyright-related rights and interests.
Article 48 of the "Copyright Law" Who commits the following infringement acts shall, according to the circumstances, be responsible for stopping the infringement, eliminating the impact, Civil liabilities such as apology and compensation for losses; if the public interest is harmed at the same time, the copyright administrative department may order the infringement to cease, confiscate the illegal gains, confiscate and destroy the infringing copies, and may impose a fine; if the circumstances are serious, the copyright administrative department may Materials, tools, equipment, etc. mainly used to make infringing copies can also be confiscated; if a crime is constituted, criminal liability will 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, except as otherwise provided for in this law;
(2) Publishing books for which others have exclusive publishing rights;
( 3) Copying and distributing audio and video recordings of their performances without the permission of the performers, or disseminating their performances to the public through information networks, unless 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, unless otherwise provided for in this law;
(5) Playing or copying radio or television without permission, as otherwise provided for in this lawExcept;
(6) Deliberately avoiding or destroying the rights holder's works without the permission of the copyright owner or the copyright-related rights holder , audio and video products, etc., unless otherwise provided by laws and administrative regulations;
(7) Intentionally deleting or changing the electronic rights management information of works, audio and video products, etc. without the permission of the copyright owner or copyright-related rights holder, unless otherwise provided by laws and administrative regulations;
(8) Producing and selling works counterfeiting the signature of others.
Article 49 of the Copyright Law infringes upon copyright or copyright-related rights, the infringer shall comply with the rights holder’s actual circumstances. Compensation will be provided for the loss; if the actual loss is difficult to calculate, compensation may be provided based on the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the People's Court shall make a judgment of five years based on the circumstances of the infringement. Compensation of less than 100,000 yuan.
The above knowledge is the editor’s answer to the question “What are the provisions for copyright infringement and compensation?” If you need more legal If you need help, welcome to the Legal Savior Network for legal consultation.
