How to compensate for website font infringement in 2023

In the real world, everyone knows that the text we see in daily life is generally protected by copyright, and individuals cannot copy and use it at will. However, many people use website fonts to cause Infringement. So what is the compensation for website font infringement? Below, the editor of Legal Savior Network will answer the relevant content for you.

1. How to compensate for website font infringement

According to my country’s Copyright Law It stipulates that for infringement of font copyright, compensation to the victim shall be based on the actual losses caused. If illegal gains are obtained, corresponding compensation shall be made according to the illegal gains.

"Copyright Law"

Article 54 Infringement of copyright or copyright-related violations If there is a right, the infringer shall compensate the right holder based on the actual losses suffered by the right holder or the illegal gains of the infringer; if the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, compensation may be made with reference to the royalties for the right. For intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be awarded in the amount of not less than one time but not more than five times the amount determined according to the above method.

If it is difficult to calculate the actual losses of the right holder, the illegal gains of the infringer, and the rights usage fees, the people's court shall make a judgment of five hundred yuan based on the circumstances of the infringement. Compensation of more than 5 million yuan and less than 5 million yuan.

The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.

In order to determine the amount of compensation, the people's court shall assume that the right holder has fulfilled the necessary burden of proof and the account books and materials related to the infringement are mainly in the hands of the infringer. , can order the infringer to provide account books, materials, etc. related to the infringement; if the infringer fails to provide it, or provides false account books, materials, etc., the people's court can determine the amount of compensation with reference to the rights holder's claims and the evidence provided.

When hearing cases of copyright disputes, the People's Court shall, at the request of the right holder, order the destruction of infringing copies except under special circumstances; materials, tools, equipment, etc., shall be ordered to be destroyed without compensation; or under special circumstances, ordered to prohibit the aforementioned materials, tools, equipment, etc. from entering commercial channels without compensation.

2. Requirements for infringement

The composition of intellectual property infringement is a controversial issue among scholars. Some scholars have elaborated on the composition of intellectual property infringement from the four aspects of general civil infringement:

1. Regarding the issue of illegality. This is an important component of intellectual property infringement. Although many scholars in academia are studying whether illegality should independently become a component of infringement, at least in intellectual property rights In the field of tort, the element of illegality is indispensable.

2. Regarding the issue of damage facts (results). In the constitution of tort in general civil tort theory, Whether it is the three-element theory, the four-element theory or the five-element theory, it is believed that the fact of damage is one of the constituent elements of civil infringement. However, many scholars have pointed out that in the constitution of intellectual property infringement, the fact of damage (result) is no longer It is a necessary component, which is also one of the differences between intellectual property infringement and general civil torts.

3. Regarding causation. This is a general civil In infringement theory, it is a necessary element of civil infringement. However, since some infringements of intellectual property do not require damaging consequences, only when it is necessary to determine the liability of the infringer for intellectual property infringements that cause damage. , the identification of causal relationship is meaningful.

4. Regarding subjective elements. In the civil tort theory explained above, one of the elements that constitutes a general tort is The infringer is subjectively at fault, but subjective fault is not a necessary element for the constitution of intellectual property infringement.

We can understand that infringement is in accordance with the regulations In the case of font copyright, the compensation to the victim must be based on the actual losses caused. If illegal gains are obtained, corresponding compensation will be based on the illegal gains. The above is the content compiled by the editor. If you have any questions, you can Consult relevant lawyers on the Legal Savior Network.