What is the calculation method for software copyright loss?

Computer software is difficult to develop, easy to copy, and its economic value often greatly exceeds many other types of traditional works. It is even more difficult to determine the general standard for calculating damages for software copyright infringement. So how should compensation be calculated for software copyright losses? Below, the editor of Hualv will introduce to you in detail the issue of software copyright loss compensation. Thank you for your attention!

What is the calculation method for software copyright loss

In rights cases, the infringed party can choose one of the following calculation methods One way to determine the amount of compensation and request compensation:

(1) The infringed party may request compensation based on the actual amount of losses suffered.

(2) The infringer may The profits gained from the infringement during the infringement period (referring to all profits except costs) shall be regarded as the amount of compensation.

For the above two calculation methods, the infringed party You can choose any one of them, which is an effective way to solve practical problems and protect trademark rights based on actual conditions.

"Copyright Law" Article 49 of the infringement of copyright or copyright-related rights, the infringer shall compensate the right holder according to the actual loss; the actual loss is difficult toIf calculated, compensation may be paid based on the infringer's illegal income. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.

The actual losses of the right holder or the infringer’s illegal conduct If the income cannot be determined, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement.

Infringement of Article 49 of the Copyright Law In the case 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 of the infringer. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.

The actual losses of the right holder or the infringer’s illegal conduct If the income cannot be determined, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement.

If you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers.