What are the standards for compensation for copyright infringement
According to the provisions of Article 49 of the Copyright Law, "In case of infringement of copyright or copyright-related rights, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the illegal income. The amount of compensation shall also include the rights holder's efforts to stop the infringement. Reasonable expenses paid. If the actual losses of the right holder or the illegal gains of the infringer 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."
Evidence of the compensation that the perpetrator of copyright infringement should bear includes the following aspects:
1. Evidence of the plaintiff’s actual losses. For example, the amount by which the plaintiff’s profits have been reduced by the defendant’s infringement; the plaintiff’s reasonable licensing fees; the expected loss of profits resulting from the plaintiff’s inability to perform or difficulty in performing the licensing contract due to the defendant’s infringement, etc.
2. Evidence of the infringer’s illegal income. For example, the defendant's copyright fees and the defendant's financial statements reflect operating profits and other conditions.
3. Evidence of the reasonable expenses paid by the obligee to stop the infringement. Mainly include: attorney fees, notary fees and other investigation and evidence collection fees, transportation, food and accommodation fees, printing and mailing fees for litigation materials, etc.
4. Other evidence. Under normal circumstances, it is difficult to obtain evidence of the actual losses of the right holder or the illegal gains of the infringer. In this case, when determining the amount of compensation, the court will take into account factors such as the popularity and market value of the work, the popularity of the right holder, the subjective fault of the infringer, the method, time, scope, and consequences of the infringement.
Calculation standards for compensation for copyright infringement
Infringement of copyright, the infringer shall bear the consequences suffered by the copyright owner For losses, compensation shall be calculated according to the following standards:
1. Calculate the amount of compensation based on the actual loss of the right holder;
2. If the actual loss of the right holder is difficult to calculate, the amount of compensation can be calculated based on the infringer’s illegal Compensation shall be made with the proceeds;
3. If the copyright owner’s actual losses or the infringer’s illegal gains cannot be determined, the People’s Court shall, based on the circumstances of the infringement, make a judgment of fifty Compensation of less than 10,000 yuan;
4. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.
