LatestWhat is the standard of compensation for copyright infringement?
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, compensation may be based on the infringer's illegal income compensation. 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.
Principle:
First, it stipulates that the amount of compensation should also include the rights of the obligeesReasonable expenses incurred to stop the infringement. This will economically protect the price that copyright owners pay to protect their rights, and increase the enthusiasm of copyright owners to protect their rights.
Second, the statutory amount of compensation is increased. Learn from useful experiences from foreign countries and regions.
There are three calculation methods:
1. Calculated based on the actual losses of the infringed party;
2. Calculated based on the infringer’s violation of the law;
3. Statutory compensation, which shall be awarded by the court according to the circumstances, shall not exceed 500,000 yuan. compensation.
These three calculation methods are sequential. The first is calculated based on the actual losses of the infringed party, the second is calculated based on the illegal gains of the infringer, and the third is statutory compensation.
Copyright infringement:
(1) Publish his or her works without the permission of the copyright owner.
(2) Publish a work created in collaboration with others as a work created alone without the permission of the co-author.
(3) Did not participate in the creation, and signed other people's works in order to seek personal fame and fortune.
(4) Distort or tamper with other people’s works.
(5) Plagiarizing other people’s works.
(6) Without the permission of the copyright owner, use the work for exhibition, making movies or using methods similar to making movies, or in order to Use works by adapting, translating, annotating, etc., unless otherwise provided by copyright law.
(7) For using other people’s works, remuneration should be paid but has not been paid.
(8) Without the permission of the copyright owner of film works and works created by methods similar to filmmaking, computer software, audio and video recordings, or copyright-related rights holders. Rental Its works or audio and video products, unless otherwise provided for by the Copyright Law.
(9) Using the layout design of books and journals published by the publisher without the permission of the publisher.
(10) Live broadcast or publicly transmit the live performance, or record the performance without the permission of the performer.
(11) Other copyright infringements and copyright-related violations
The editor’s summary: So far, if you have more questions in this regard, you are welcome to consult the Legal Savior Network. The Legal Savior Network provides professional legal consulting services, and a professional team of lawyers will answer your questions.
