What to do if computer software copyright is jointly infringed
If there is joint infringement, the joint infringer can be required to bear joint liability .
How does the plaintiff provide evidence:
(1) The rights owner (plaintiff) must provide that he is the software copyright owner evidence of the source of authority.
1. The copyright of the right holder is originally obtained. If the software is registered, the software registration certificate issued by the computer software registration management department should be provided; if the software is not registered, the source program, documentation and other evidence of the software's rights should be submitted.
2. The rights holder’s copyright is acquired by inheritance , you should provide a licensing contract and other evidence that can preliminarily prove that you enjoy copyright.
(2) The infringer has committed infringement.
Software copyright infringement cases apply the constitutive conditions of civil infringement, which objectively require the perpetrator to have "infringement behavior", which requires the plaintiff to provide the following two aspects of evidence:
1. The defendant used the same or similar works as the plaintiff’s form of expression; as computer software works are different from literary works and artistic works in the Copyright Law, they belong to the high-tech field. The plaintiff should provide evidence to prove that the source programs, documents and other files of the software of both parties are the same or similar; when it is difficult for the plaintiff to obtain the defendant’s source program and other documents or the defendant refuses to provide its source program and other documents, the plaintiff can provide evidence to prove that the target programs of the software of both parties are the same or similar, or that although they are different or similar, the target program of the defendant's software contains flaws in the plaintiff's software. unique content; or if the running interfaces of both parties' software are the same, it can be deemed that the plaintiff has fulfilled the corresponding burden of proof for the claim that the two parties' software is the same or similar.
2. The defendant has come into contact with the plaintiff’s works. This includes direct evidence proving that the defendant has actually come into contact with the plaintiff’s works, and also includes the plaintiff’s evidence proving that the defendant There is a "reasonable possibility" that the plaintiff has come into contact with the plaintiff's work, and the plaintiff only needs to prove the "reasonableness and possibility" of such contact.
(3) Plaintiff If you request compensation for losses, you need to provide different evidence materials based on the method of calculating the losses requested.
1. Actual loss calculation method;
The right owner’s sales of the software copyright owner or its legal transferee’s software have decreased due to the infringement copy being sold on the market. , the total reduction in sales multiplied by the profit of each software is the actual economic loss of the infringed party.
When determining the price of the infringed software, you can refer to the quotation when the software was registered.
2. Law on illegal gains of infringers:
The infringer is the product of the profit obtained from each infringing copy multiplied by the total number sold on the market. All profits earned. The following factors should be considered when adopting this method: (1) If the infringer sells the infringed software on the market at a price lower than that of the infringed software, the income of the infringer should be calculated based on the sales price of the infringed software, ( 2) If the infringer can prove the cost or necessary expenses of the income, it shall be deducted. If it cannot be proved, all the income derived from the infringement shall be regarded as its profit.
3. Statutory compensation methods
If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the Copyright Law stipulates that the People's Court may, based on the circumstances of the infringement, make a judgment of 50 Compensation of less than 10,000 yuan.
Article 49 of the Copyright Law infringes upon copyright or For rights related to copyright, 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.
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.
If the computer encounters joint infringement, you can request joint infringement The infringer shall be jointly and severally liable. If two or more people jointly commit an act that endangers the personal safety of others and causes damage, and the actual perpetrator cannot be identified, they shall bear joint and several liability. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.
