Article 47 of the Copyright Law stipulates that anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, publicly apologizing and compensating for the losses according to the circumstances:
(1) publishing his works without permission;
(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;
(3) not participating in the creation, and signing others' works for personal fame and fortune;
(4) distorting or tampering with other people's works;
(5) Using a work by means of performance, broadcasting, exhibition, distribution, shooting, television, video recording, adaptation, translation, annotation and editing without the permission of the copyright owner, except as otherwise provided by this Law;
(six) without paying remuneration in accordance with the provisions, using other people's works;
(seven) live broadcast of their performances without the permission of the performers;
(eight) other acts of infringement of copyright and copyright-related rights and interests.
Second, what is the compensation standard for copyright infringement?
According to Article 49 of the Copyright Law: "If copyright or copyright-related rights are infringed, the infringer shall compensate the obligee according to the actual losses. If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.
There are three methods to calculate compensation for copyright infringement in China:
1, based on the actual loss of the infringed;
2, based on the illegal income of the infringer;
3. Legal compensation.
There are some specific practices in judicial practice, and we can choose to apply these compensation methods and calculate them in the most favorable way for us. The following respectively introduce the applicable calculation of three compensation calculation methods and the main practices in judicial practice.
1, based on the actual loss of the infringed.
"The actual loss of the obligee" can be calculated according to the following methods:
1) The amount that the infringement reduces the obligee's income;
2) Infringement through newspapers, books or similar means can refer to the provisions of the state on remuneration;
3) The reasonable use fee of the obligee;
4) The number of shares sold by the obligee multiplied by the product of each profit;
5) The number of infringing copies multiplied by the profit of each copy of the obligee;
6) The expected loss of profits caused by the obligee's inability or difficulty in performing the license contract due to infringement;
7) Losses caused by the decrease in the value of the obligee's works due to infringement;
8) Other methods to determine the actual loss of the obligee.
In addition, the expenses incurred by filing a lawsuit should also be included in the scope of compensation. The cost of bringing a lawsuit may be many, including: the cost of hiring a lawyer, the cost of investigation and evidence collection, the cost of stopping the infringement, the cost of consulting and collecting evidence materials, and the cost of identifying whether it constitutes infringement. The investigation fees, attorney fees and other expenses incurred by the infringed party due to litigation shall be included in the scope of the actual losses of the infringed party, so that the parties concerned can get full and reasonable compensation. These expenses are the actual expenses that the infringed must pay to stop the infringement, and should all be the actual losses of the infringed.
2, based on the illegal income of the infringer.
When determining the amount of compensation for infringement, the court may, at the request of the infringed, calculate the amount of compensation according to the direct economic losses suffered by the infringed and the expected benefits lost, or calculate the amount of compensation according to the benefits obtained by the infringer due to infringement. If the infringer can't prove his cost or necessary expenses, his infringement income is income.
Third, the criminal responsibility of copyright infringement.
According to the criminal law, infringement of copyright shall bear the following criminal responsibilities:
Article 2 17 of the Criminal Law stipulates:
For the purpose of making profits, anyone who commits any of the following cases of copyright infringement, with a relatively large amount of illegal income or other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:
1. Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner;
2. Publishing books that others enjoy exclusive publishing rights;
3. Reproduction and distribution of audio and video products made by the producer without the permission of the producer;
4. Making or selling works of art with forged signatures.
Article 2 18 of the Criminal Law stipulates:
Whoever, for the purpose of making profits, knowingly sells infringing copies as stipulated in Article 217 of this Law, and the amount of illegal gains is huge, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.
The above is related to the civil liability of copyright infringement, and I hope it will help you. Protecting only property rights means protecting our enthusiasm for innovation, which is good for national development. I hope it can serve as a warning to those who infringe copyright. If your copyright is infringed, you can also defend your rights according to the above information.