That is, if the infringed party suffers actual losses, then the standard of compensation is the actual losses caused to the other party. If the actual loss is difficult to calculate, it can be the benefit obtained by the infringer because of the infringement. Then this is the standard of compensation. If these two items do not exist, then appropriate compensation should be made according to the principle of fairness.
There are different compensation standards for font infringement. Generally, the compensation amount can be determined by referring to the sales price of the purchased font.
legal ground
Copyright law of the people's Republic of China
Article 48 Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for losses according to the circumstances.
At the same time, if the public interest is harmed, the copyright administrative department may order it to stop the infringement, confiscate the illegal income, confiscate and destroy the infringing copy, and may also impose a fine;
If the circumstances are serious, the copyright administrative department may also confiscate the materials, tools and equipment mainly used for making infringing copies; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Reproduction, distribution, performance, projection, broadcasting, compilation and dissemination to the public through information networks without the permission of the copyright owner, except as otherwise provided by this Law;
(2) Publishing books with exclusive publishing rights enjoyed by others;
(3) Reproduction and distribution of audio and video products of their performances without the permission of performers, or dissemination of their performances to the public through information networks, unless otherwise provided for in this Law;
(4) Reproduction, distribution and dissemination of audio and video products made by the producers of audio and video recordings to the public through information networks without the permission of the producers, except as otherwise provided for in this Law;
(5) broadcasting or reproducing radio and television without permission, except as otherwise provided by this Law;
(six) without the permission of the copyright owner or copyright-related obligee, deliberately avoiding or destroying the technical measures taken by the obligee to protect the copyright or copyright-related rights of his works, audio-visual products, etc. Except as otherwise provided by laws and administrative regulations;
(7) Deliberately deleting or changing electronic information on rights management such as works, audio-visual products, etc. Without the permission of the copyright owner or copyright-related obligee, except as otherwise provided by laws and administrative regulations;
(eight) the production and sale of works signed by others.
Extended data:
First, the font will be infringed by the defendant
The so-called copyright is the exclusive intellectual property right. If it is popular, the use of fonts does not involve copyright disputes, such as Song Ti, Kai Ti and Yan Ti.
If it is self-created, it has not been used and shared by the public, and it has been given creative content, or copybooks, fonts, etc. Editing and publishing according to common fonts, and declaring the corresponding protection, has the copyright. If it is stolen by others, it will involve copyright disputes.
Second, infringement of intellectual property rights.
Infringement of intellectual property rights refers to the behavior that the actor objectively infringes on the property rights or personal rights of others' intellectual property rights and should bear civil liability. Infringement is a violation and deprivation of the labor of intellectual property creators, and it is a corrosive agent that harms scientific and technological progress and cultural prosperity. In recent years, with the increasing awareness of intellectual property rights, people from all walks of life consciously try not to infringe on the intellectual property rights of others.
Intellectual property infringement generally includes trademark infringement, patent infringement and copyright infringement.
Third, the constitutive requirements of infringement.
The composition of intellectual property infringement is a controversial issue among scholars. Some scholars have expounded the composition of intellectual property infringement from four aspects:
1, about breaking the law. This is an important component of intellectual property infringement. Although many scholars in academic circles are studying whether illegality should be an independent element of infringement, at least in the field of intellectual property infringement, illegality is essential.
2. About the damage facts (results). In the general theory of civil tort, whether it is the theory of three elements, four elements or five elements, it is considered that the fact of damage is one of the constituent elements of civil tort.
However, many scholars have suggested that the fact (result) of damage is no longer a necessary element of intellectual property infringement, which is also one of the differences between intellectual property infringement and general civil infringement.
3. About causality. This is an essential element of civil tort in general tort theory, but because some acts of infringing intellectual property rights do not need damage consequences, it is meaningful to identify causality only when it is necessary to determine the infringer's responsibility for the intellectual property rights infringement that causes damage consequences.
4. About subjective factors. In the above-mentioned civil tort theory, one of the elements that constitute a general tort is that the actor is subjectively at fault, but subjective fault is not a necessary element that constitutes intellectual property infringement.
Article 63, paragraph 2, of the Patent Law and Article 56, paragraph 3, of the Trademark Law both establish the liability for tort without fault. As can be seen from the above legislative examples, even if the actor is innocent, he should bear the tort liability.
However, the tort liability is lighter than the fault, and the wrongdoer is liable for damages besides stopping the infringement, destroying the infringing product and eliminating the influence.
Nowadays, many self-created fonts are quite distinctive, so many young people will use this font, but if the person who created this font applies for copyright protection, he can't use it at will.
Baidu Encyclopedia-People's Republic of China (PRC) Copyright Law