How to compensate for copyright infringement of audio and video products

Audiovisual products used to generally refer to recordings and videotapes, but now there are more varieties, including CDs, VCDs, DVDs, MP3s, EVDs, etc., and they can also be widely circulated on the Internet. CDs are very easy to copy and download on the Internet, so current audio and video products are more likely to be infringed. So, how to compensate for copyright infringement of audio and video products? Legal Savior Network has the answers for everyone.

How to compensate for copyright infringement of audio and video products

Audio and video product infringement generally infringes copyright, so the compensation should be applied to copyright provisions of the law. Let’s look at the provisions of the Copyright Law: Article 49: “Where a copyright or copyright-related rights are infringed, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may compensate according to the infringer’s illegal act. The amount of compensation shall also include the reasonable expenses paid by the right holder 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 make a judgment of RMB 500,000 based on the circumstances of the infringement. The following compensation."

There are three ways to calculate compensation according to this provision: 1. Calculated based on the actual losses of the infringed party; 2. Calculated based on the infringement caused by the violation of the law. Calculation; 3. Statutory compensation, the court will award a compensation of less than 500,000 yuan according to the circumstances. These three calculation methods are in order. The first is based on the actual losses of the infringed party, the second is calculated based on the illegal gains of the infringer, and the third is statutory compensation. Only when the former method cannot be calculated, consider the following calculation method.

Compensation for intellectual property infringement is far more complicated than what is stipulated by law. A monograph could be written on the issue of intellectual property compensation. Here we can only briefly analyze the compensation calculation methods stipulated in the law: The first type: calculated based on the actual losses of the infringed party. The losses of the infringed party are basically incalculable. The products in the market are not either/or. How many infringing products are sold? It is as simple as reducing the number of infringed products. The entire market is very large, and the size of sales is very complex. It is impossible to have a precise calculation formula for the impact of infringement on sales. If the product is on the rise, sales may continue to rise after being infringed upon. It is basically impossible to calculate the actual losses of the infringed party in this way.

The second type: Calculated based on the profit of the infringer, the profit of the infringer can be calculated, how much is produced, how much is sold, the cost is How much and what the benefits are are usually recorded by the infringer, and you can just find the account. That infringer will voluntarily provide their accounts, i.e.Even if it is provided, it is impossible to judge whether it is true or false. The law has no compulsory force to require the infringer to provide accounts. This method is not applicable if the accounts cannot be found. The third method is very simple. It is directly determined by the court within a number. The court seems unwilling to take this risk, fearing that the number it determines will dissatisfy both parties.