1. What are the criminal legal liabilities for copyright infringement
1. The legal responsibilities for copyright infringement include: depending on the circumstances of the infringement, civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses.
2. Legal basis:
"Copyright Law of the People's Republic of China" Article 53 According to the relevant provisions of Article , if the infringement also harms the public interest, the department in charge of copyright shall order the infringement to stop, give a warning, confiscate the illegal gains, confiscate and destroy them harmlessly Infringing copies and materials, tools, equipment, etc. mainly used to make infringing copies, with an illegal business volume of more than 50,000 yuan, may be fined not less than one time but not more than five times the illegal business volume; if there is no illegal business volume, illegal business If the amount is difficult to calculate or is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
2. How to compensate for copyright infringement
According to the provisions of the Copyright Law, infringement of copyright or infringement of copyright 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 of the infringer. 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. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
According to the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes", the actual loss of the right holder can beIt is calculated based on the reduction in copy distribution caused by the right holder due to infringement or the product of the sales volume of infringing copies and the right holder’s profit per unit of issuing the copy. If it is difficult to determine the reduction in distribution, it shall be determined based on the market sales of infringing copies.
Copyright infringement is an act of using something without the permission of the copyright owner, which seriously damages the interests of the copyright. This is a violation and should bear corresponding legal liability. Specifically, any perpetrator who infringes upon the copyright of others and causes property or non-property losses is considered a copyright infringement. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
No comments yet. Say something...