1. The infringed person can mediate by himself and ask the other party to stop the infringement and compensate for the losses; If the reputation of the infringed person is damaged, the infringer can also be required to restore his reputation through various legal means;
2. You can call 123 18 to complain to the comprehensive law enforcement department of the cultural market, or you can report to the local industrial and commercial bureau, the cultural bureau and the police station to investigate the legal responsibility of the relevant personnel;
3. If the infringer is unwilling to mediate, or the mediation is unsuccessful, the infringer may bring a lawsuit to the court;
The limitation of action for copyright infringement is three years, counting from the date when the copyright owner knows or should know about the infringement.
What is the standard for collecting legal fees for infringing film and television works?
1. There are standards for lawyer's agency fees, but the standards vary from place to place. Even the lawyer's agency fee in the same place varies from person to person. Please consult your local lawyer for details.
2. The lawyer's fees for patent infringement cases are generally determined according to the amount claimed. Generally around 50,000-80,000. The specific situation still depends on the situation of the infringer's enterprise;
Patent lawyers are a little different from lawyers in other industries. Other lawyers generally charge according to the complexity of the case, while patent lawyers mainly charge according to the professionalism of the case;
4. The case fee of professional enterprise research institute is more expensive. In the communication, computer and semiconductor industries, the basic lawyer fees range from several hundred thousand to more than one million.
To sum up, if someone steals other people's videos, they should compensate the actual losses suffered by others after video theft or the benefits gained by the thieves. Without the permission of the copyright owner, those who disseminate their works to the public through the information network shall bear civil liabilities such as stopping the infringement, eliminating the influence, apologizing and compensating for the losses according to the situation.
Legal basis:
Article 63 of the Trademark Law of People's Republic of China (PRC)
The amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement; If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee. For malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined in accordance with the amount determined by the above method. The amount of compensation shall 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 account books and materials related to the infringement if the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly held by the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.
If it is difficult to determine the actual losses suffered by the obligee due to infringement, the interests gained by the infringer due to infringement, and the license fee for registered trademarks, the people's court shall award compensation of less than 5 million yuan according to the circumstances of the infringement.
In handling trademark disputes, the people's court shall, except in special circumstances, order the destruction of goods with counterfeit registered trademarks at the request of the obligee; Materials and tools mainly used for manufacturing goods with counterfeit registered trademarks shall be ordered to be destroyed free of charge; Or under special circumstances, it shall be ordered to prohibit the aforementioned materials and tools from entering the commercial channels free of charge.
Goods with counterfeit registered trademarks shall not enter commercial channels after only the counterfeit registered trademarks are removed.