1. What is the maximum legal amount of compensation for copyright infringement?
Infringement of copyright Compensation standards are not mandated by law. Compensation is generally based on the actual losses of the right holder. If the actual losses are difficult to calculate, compensation may be based on the illegal gains of the infringer. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, The maximum statutory compensation standard is 500,000 yuan.
"Copyright Law"Article 49
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 can be paid 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.
If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the people's court shall, based on the circumstances of the infringement, make a judgment of 500,000 yuan Compensation of less than RMB 10,000.
2. How to prove copyright infringement?
Generally, it is the principle that whoever advocates shall give evidence. However, under normal circumstances, it is difficult for the plaintiff to obtain the source program of the defendant's software. Even if the plaintiff applies for court investigation and collection of evidence, the defendant will refuse to provide the source program of its software. At this time, if the plaintiff can prove that the target programs of both parties' software are the same or substantially similar . Or although they are not identical or substantially similar, the target program of the defendant's software contains unique content of the plaintiff's software; or both parties' softwareIf the running interface is the same, it can be determined that the plaintiff has fulfilled the corresponding burden of proof. There is evidence that one party holds the evidence and refuses to provide it without justifiable reasons. If the other party claims that the content of the evidence is not conducive to the evidence holder, the claim can be presumed established.
Evidence of infringement: This is the most important. In judicial practice, the "substantial similarity plus contact principle" is adopted, that is, there must be evidence that can If it is proved that the plaintiff's software and the defendant's software are identical or substantially similar, and the defendant has come into contact or is likely to come into contact with the plaintiff's software, the existence of infringement can be preliminarily determined.
3. What materials are needed to file a lawsuit for copyright infringement compensation dispute?
1. Indictment;
2. Evidence materials;
3. The plaintiff’s ID card and information proving the defendant;
4. If you entrust another person to litigate, you must also submit a clearly authorized power of attorney and a copy of the trustee’s ID card. 1 copy, and provide the original for inspection;
5. If you entrust a lawyer to litigate, you must also submit a clearly authorized power of attorney and receive it from the law firm Proof of entrustment, letter and copy of lawyer’s certificate.
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