According to Article 48 of the "Copyright Law of the People's Republic of China", if a copyright or copyright-related rights are infringed, the infringer shall compensate the right holder for the actual loss.
If the actual loss is difficult to calculate, compensation may be based on the infringer’s illegal income. 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 people's court shall award a compensation of less than 500,000 yuan based on the circumstances of the infringement.
Extended data:
In May 2008, Beijing Peking University Founder Electronics Co., Ltd. purchased Rejoice shampoo, Rejoice essence, etc. produced by Guangzhou Procter & Gamble Company at Carrefour Zhongguancun Plaza store. 55 products.
Founder believed that the manufacturer Guangzhou Procter & Gamble and the seller Beijing Carrefour had infringed its copyright, so he filed a lawsuit.
Beijing Carrefour immediately stopped selling all products with the above fonts; the two defendants publicly apologized, eliminated the impact, and compensated for economic losses.
The Beijing Haidian District Court concluded this copyright dispute case. The court determined that the font itself had copyright, but the words in the font did not have independent copyright, so all the litigation claims of the other party were not supported.
The court held that the fonts in Founder Qianti Font Library are original to a certain extent, meet the requirements of artistic works stipulated in my country’s Copyright Law, and can be protected as a whole.
However, the words in the font cannot be protected as works of art.
Founder Company claims that the end user Procter & Gamble's use infringes the copyright of the artistic works with the word "Rejoice" in the font, which has no legal basis.
Therefore, the other party’s claims against Procter & Gamble and Carrefour will not be supported.
China People's Congress - Copyright Law of the People's Republic of China
People's Daily - The text in the font does not have independent copyright.