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How to compensate for copyright infringement

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How to compensate for copyright infringement


        

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  • 2024-06-02 14:00:52

    In case of copyright infringement, the compensation method is as follows:

    First, compensation shall be made according to the actual losses of the obligee.

    This is the simplest and most direct way. Since the copyright owned by the copyright owner will bring certain benefits to itself, such as publishing, adaptation, etc., these benefits will be lost because others infringe on their own copyright. At this time, the loss suffered by oneself is completely caused by the tort of others, so he does not need to bear the loss, but should be borne by others. In law, it means that others pay damages for his own behavior.

    Second, compensation shall be made according to the infringer's illegal income.

    This way is very practical and effective in real life. Since it is relatively easy to calculate the illegal income during the process of infringement, the amount of compensation for others will also be relatively easy to obtain.

    Third, according to the judgment of the people's court according to law.

    [Legal Basis]

    Article 54 of the Copyright Law states that in case of infringement of copyright or copyright related rights, the infringer shall make compensation according to the actual losses suffered by the obligee or the infringer's illegal income;

    Where it is difficult to calculate the actual losses of the obligee or the illegal gains of the infringer, compensation may be made by reference to the royalties. Where a person intentionally infringes upon copyright or copyright related rights, and the circumstances are serious, he may be compensated for not less than one time but not more than five times the amount determined in accordance with the above method.

    If it is difficult to calculate the actual loss of the obligee, the illegal income of the infringer, and the royalties, the people's court shall, according to the circumstances of the infringement, make a judgment to pay compensation of not less than five million yuan but not more than five million yuan.

    The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.

    In order to determine the amount of compensation, the people's court may order the infringer to provide the books and materials related to the infringement when the obligee has already done the necessary burden of proof and the books and materials related to the infringement are mainly in the hands of the infringer; If the infringer fails to provide, or provides false account books, materials, etc., the people's court may determine the amount of compensation by reference to the claims of the obligee and the evidence provided.

    When trying copyright dispute cases, the people's court shall, at the request of the obligee, order the infringing copies to be destroyed, except under special circumstances; The materials, tools and equipment mainly used for manufacturing infringing copies shall be ordered to be destroyed without compensation; Or, under special circumstances, order to prohibit the above-mentioned materials, tools, equipment, etc. from entering the commercial channels without compensation.

    Liu***

    2024-06-02 14:00:52

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