1. What principles does copyright law apply to works?
1. Copyright law Implement the principle of automatic protection for works. Copyright is acquired when a work is completed, whether published or not.
2. Law Basis: According to Article 2 of the Copyright Law, works by Chinese citizens, legal persons or unincorporated organizations, whether published or not, enjoy copyright in accordance with this law. The copyrights enjoyed by foreigners and stateless persons in their works based on the agreement signed between the country of origin or habitual residence of the author and China or international treaties to which both countries are parties shall be protected by this Law. If the works of foreigners or stateless persons are first published in China, they shall enjoy copyright in accordance with this Law. The works of authors and stateless persons from countries that have not signed an agreement with China or jointly participated in international treaties are published for the first time in a member country of an international treaty that China is a party to, or in a member country.
2. What are the principles of compensation for copyright infringement
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 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 court will 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 my country:
First, based on the actual losses of the infringed party;
Second, it is based on the illegal income of the infringer;
Third, there is statutory compensation.
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