Compensation standards for copyright infringementWhat is
According to the Copyright Article 49 of the Law stipulates: "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 be compensated according to the illegal income. The amount of compensation is also It should include the reasonable expenses paid by the right holder to stop the infringement. 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.
There are three calculation methods for copyright infringement compensation in China:
1. Based on the actual losses of the infringed party; 2. Based on the illegal gains of the infringer; 3. Statutory compensation.
There are also some specific practices in judicial practice, and we can choose to apply these compensation methods. Calculate according to the method that is most beneficial to you. The application calculations of the three compensation calculation methods and the main practices in judicial practice are introduced below.
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 the infringement;
2) For infringement through newspaper, book publishing or similar means, please refer to the national regulations on royalties;
3) Reasonable licensing fees from the right holder;
4) The reduction in the sales volume of the right holder’s copy is multiplied by the profit of each copy;
5) The number of infringing copies multiplied by the right holder’s profit per copy;
6) The rights holder’s licensing contract cannot be performed or becomes difficult to perform due to infringement Expected loss of profits arising from normal performance;
7) Losses caused by the decrease in the value of the rights holder’s works due to infringement;
8) Other methods to determine 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 may be many expenses incurred in filing a lawsuit, including: the cost of hiring a lawyer, the cost of investigation and evidence collection and travel expenses to stop the infringement, the cost of reviewing and collecting evidence materials, the cost of identifying whether infringement is constituted, 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 At the request of the infringed party, compensation shall be calculated based on the direct economic losses suffered due to the infringement and the lost expected benefits.The amount of compensation can also be calculated based on the benefits gained by the infringer from the infringement. If the infringer cannot prove its costs or necessary expenses, the income derived from the infringement shall be the proceeds.
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