1. What to do if the account books and information related to copyright infringement are in the possession of the infringer
1. If the account books and materials related to the infringement are mainly controlled by the infringer, the infringer can be ordered to provide the account books, materials, etc. related to the infringement; the infringer fails to provide them, or provides false account books, materials, etc. , the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.
2. Legal basis: "Copyright Law of the People's Republic of China"
54 If a copyright or copyright-related rights is infringed upon, the infringer shall compensate the right holder based on the actual losses suffered or the infringer’s illegal gains; if the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, the infringer may refer to the right Compensation will be provided for usage fees. For intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be awarded in the amount of not less than one time but not more than five times the amount determined according to the above method.
If it is difficult to calculate the actual losses of the right holder, the illegal gains of the infringer, and the royalties for use of rights, the people's court shall make a judgment of five hundred yuan based on the circumstances of the infringement. Compensation of more than 5 million yuan and less than 5 million yuan.
The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
In order to determine the amount of compensation, the people's court shall assume that the right holder has fulfilled the necessary burden of proof and the account books and materials related to the infringement are mainly in the hands of the infringer. , can order the infringer to provide account books, materials, etc. related to the infringement; if the infringer fails to provide it, or provides false account books, materials, etc., the people's court can determine the amount of compensation with reference to the rights holder's claims and the evidence provided.
The People's Court hears copyright dispute cases and, at the request of the right holder,Infringing copies, except under special circumstances, are ordered to be destroyed; materials, tools, equipment, etc. mainly used to make infringing copies are ordered to be destroyed without compensation; or in special circumstances, the aforementioned materials, tools, equipment are ordered to be prohibited Enter commercial channels without compensation.
2. What are the evidence materials for copyright infringement
1. Evidence proving that the plaintiff enjoys copyright, including copyright-related manuscripts, originals, legal publications, copyright registration certificates, certificates issued by certification agencies, and acquisition provided by the parties Rights contracts, etc. Those claiming copyright in written works should submit books and periodicals, and unpublished manuscripts should be submitted; those claiming copyright in photographic works should submit photos; those claiming copyright in films, televisions, and videos should submit program software, hard drives, and documents; etc.
2. If the copyright heir sues, he should submit evidence that he has inherited or is inheriting.
3. The plaintiff should submit evidence such as the allegedly infringing copies and their sales invoices.
Evidence proving the defendant's infringement includes physical objects, invoices, etc. obtained by the parties themselves or by entrusting others to purchase copyrighted copies through ordering, on-site transactions, etc. When your copyright is infringed upon by others, you should promptly and comprehensively collect evidence and quickly entrust a lawyer to intervene to better protect your legitimate rights and interests.
4. The plaintiff should submit evidence that can prove the amount of compensation it proposes, such as evidence of the actual losses of the right holder or the illegal gains of the infringer, including the amount of the right holder’s compensation. Reasonable costs 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 make a judgment for compensation based on the circumstances of the infringement.
According to the provisions of the Copyright Law, if the account books and materials related to the infringement are mainly controlled by the infringer, the infringer can be ordered to provide information related to the infringement. Account books, information, etc.; if the infringer fails to provide them, or provides false account books, information, etc., the court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
