What is the standard of compensation for copyright infringement
According to Article 49 of the Copyright Law: “Infringement of copyright or For copyright-related rights, the infringer shall compensate the right holder based on the actual loss. If the actual loss is difficult to calculate, the infringer may be compensated based on the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringement. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement.”
In the event of copyright infringement, the infringer shall bear the losses suffered by the copyright owner, and the compensation shall be calculated according to the following standards:
(1) Calculated according to the actual losses of the copyright owner The amount of compensation;
(2) If the actual loss of the right holder is difficult to calculate, compensation may be based on the illegal income of the infringer;
(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, award a compensation of not more than 500,000 yuan;
1. The actual loss of the right holder can be calculated based on the reduction in the distribution of copies caused by the right holder due to infringement or the product of the sales volume of the infringing copies and the profit per unit of the right holder's issuance of the copy. . If it is difficult to determine the reduction in distribution, it shall be determined based on the market sales of infringing copies.
2. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the people's court shall apply Article 48 of the Copyright Law based on the request of the parties or ex officio. The provisions of paragraph 2 determine the amount of compensation.
Article 48 of the "Copyright Law": Anyone who commits the following infringements shall, according to the circumstances, bear civil obligations such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses. liability; 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 infringement is serious, the copyright administrative department may also confiscate materials, tools, equipment, etc. mainly used to make infringing copies; if a crime is constituted, criminal liability shall 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 recorded works without the permission of the performer Audio and video recordings of their performances, or dissemination of their performances to the public through information networks, except as otherwise provided for in this law;
(4) Without audio and video production With the permission of the author, reproduce, distribute, and disseminate to the public through information networks the audio and video products produced by him/her, except as otherwise provided for in this law;
(5) Without the permission of the author; Permitting, broadcasting or copying radio or television, except as otherwise provided for in this law;
(6) Without the permission of the copyright owner or copyright-related rights holder, Intentionally avoiding or destroying the technical measures taken by the right holder to protect copyright or copyright-related rights for its works, audio and video products, etc., unless otherwise provided for 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 that counterfeit the signature of others.
When determining the amount of compensation, the people's court should consider the type of work, reasonable royalties, nature of the infringement, consequences and other circumstances to make a comprehensive determination.
3. Reasonable expenses paid to stop the infringement as stipulated in Article 48, Paragraph 1, of the Copyright Law, including the right holder or the authorized agent to carry out the infringement. Reasonable expenses for investigation and evidence collection. The People's Court may, based on the parties' litigation claims and specific case circumstances, calculate attorney fees that comply with the provisions of relevant state departments into the scope of compensation.
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