What is the amount of compensation for infringing copycats
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, the infringer may pay compensation according to the infringement Compensation will be given to the person's illegal gains. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
Infringing copies refer to unauthorized Reproduce and distribute products of his or her works with the permission of the rights holder. For example: without the permission of the performer, copying or distributing the audio and video recordings of the performance, or disseminating the performance to the public through the information network system; or without the permission of the producer of the audio and video recording, copying, distributing or disseminating the performance to the public through the information network. Audio and video products produced by them; or broadcasting or copying radio or television without permission.
Copyright civil dispute cases caused by infringing copies, The owner of an infringing copy shall bear the burden of proof.
"Copyright Law of the People's Republic of China" stipulates: "Publishers and producers of copies cannot prove that they publish or produce legally authorized distributors of copies or films or similar methods of making films. Lessors of copies of works, computer software, and audio and video products who cannot prove that the copies they distribute or rent have legal sources shall bear legal responsibility. "The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Cases concerning Copyright Disputes" clarifies that "the legal liability that should be borne is 'inability to provide evidence', that is, if one cannot prove that his or her actions were legally authorized, he shall bear infringement liability." . ”
One of the responsibilities of the owner of infringing copies is to Compensation for the rights holder's losses, the calculation of the rights holder's losses, is in accordance with the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes":
1. The actual loss of the right holder can be based on the reduction in the distribution of copies caused by the infringement or the sales volume of the infringing copies. The right holder's unit profit from the issuance of the copy is calculated by multiplying the unit profit. If the reduction in issuance is difficult to determine, it shall be determined based on the market sales volume of the infringing copy;
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 4 of the Copyright Law based on the request of the parties or ex officio. The second paragraph of Article 18 determines the amount of compensation (less than 500,000 yuan);
3. If the parties reach an agreement on the amount of compensation in accordance with the provisions of Article 1, the People's Court shall allow it.
Article 49 of the Copyright Law infringes upon copyright or copyright-related rights, the infringer shallThe infringer shall be compensated for his actual losses; if the actual losses are difficult to calculate, compensation may be provided based on the infringer’s illegal gains. 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.
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