What is the compensation standard for copyright infringement
According to Article 49 of the Copyright Law: “Infringement of copyright or in connection with For 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 reasonable expenses paid by the right holder to stop the infringement. Rights If the person’s actual losses or the infringer’s illegal gains cannot be determined, the court shall, based on the circumstances of the infringement, award a compensation of not more than 500,000 yuan.”
There are three calculation methods for copyright infringement compensation in China:
1. Based on the actual losses of the infringed party
"The actual loss of the right holder" can be calculated according to the following method:
(1) The amount of profit reduction caused by infringement;
(2) For infringement through newspaper, book publishing or similar means, please refer to the national regulations on royalties;
(3) Reasonable license fee from the right holder;
(4) Rights The reduced sales volume of replicas is multiplied by the profit of each replica;
(5) The number of infringing copies multiplied by the right holder’s profit per copy;
(6) Expected profit losses resulting from the inability or difficulty in performing the Rights holder's license contract due to infringement;
(7) Losses caused by the decrease in the value of the rights holder’s works due to infringement;
(8) Other methods of determining the actual loss of the right holder.
In addition, the costs incurred in filing a lawsuit are also should be included in the scope of compensation. There are many expenses that may be incurred in filing a lawsuit, including: the cost of hiring a lawyer, the costs of investigating and collecting evidence and travel expenses to stop the infringement, and collecting evidence for reviewThe cost of payment for materials, the cost of identification of whether it constitutes infringement, etc. The investigation fees, attorney fees and other expenses incurred by the infringed party due to litigation should be included in the scope of the actual losses of the infringed party so that the parties concerned can receive full and reasonable compensation. These expenses are the actual expenses that the infringed party must pay to stop the infringement, and should be the actual losses of the infringed party.
2. Based on the illegal income of the infringer
When determining the amount of compensation for infringement, the court can base When requested by the infringed party, the amount of compensation can be calculated based on the direct economic losses suffered by the infringing act and the lost expected benefits. The amount of compensation can also be calculated based on the benefits gained by the infringer due to the infringing act. If the infringer cannot prove its costs or necessary expenses, the income derived from the infringement shall be the proceeds.
"Illegal gains of the infringer" include the following three Situations: 1) Product sales profit 2) Operating profit 3) Net profit. Under normal circumstances, the amount of compensation should be the defendant’s business profits.
3. Statutory compensation
"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 less than 500,000 yuan based on the circumstances of the infringement.
The above provisions are statutory compensation. When it is difficult to ascertain the actual damage of the infringed party or the infringement benefits of the infringer, the court shall make statutory compensation based on the nature of the infringer's fault, the circumstances of the infringement and other factors. ofA compensation method that determines the specific amount of compensation within the compensation range. In accordance with the provisions of Article 49 of the Copyright Law. The premise of statutory compensation is that the actual losses of the right holder or the illegal gains of the infringer cannot be determined and are difficult to calculate. The amount of compensation is determined by the court, generally based on the circumstances of the infringement, the impact of the infringement and other aspects. The maximum amount is NT$500,000, with no minimum limit.
If you have any other questions, please feel free to ask. Lawyers on this website.