How to compensate for song infringement in 2023

According to the relevant laws of our country, songs are copyrighted. Anyone who infringes the copyright of a song must bear the liability for infringement. Compensation for losses is the main way to bear liability for copyright infringement. So what is the standard of compensation for infringement of song copyright? The editor of Legal Savior Network is as follows. Answers from readers. I hope the following knowledge will be helpful to readers.

1. How to compensate for song infringement

If you infringe the song copyright, press Compensation for actual losses caused. If the actual losses are difficult to determine, compensation may be provided based on the illegal gains of the infringer.

2. Relevant legal provisions

Article 47 of the "Copyright Law of the People's Republic of China"

Whoever commits the following infringements shall be prosecuted according to the circumstances , bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:

(1) Publishing his work without the permission of the copyright owner;

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(2) Publish a work created in collaboration with others as a work created alone without the permission of the co-author;

(3) Signing others’ works for the purpose of seeking personal fame and fortune without participating in the creation;

(4) Distortion and tampering Other people’s works;

(5) Plagiarizing other people’s works;

(6) Not With the permission of the copyright owner, use the work in exhibitions, making movies, or using methods similar to making movies, or using the works in ways such as adaptation, translation, annotation, etc., except as otherwise provided for in this law;

(7) Use of other people’s works for which remuneration should be paid but has not been paid;

(8) Film works and similar Copyright holders of works created using filmmaking methods, computer software, audio and video recordingsOr with the permission of the right holder related to copyright, leasing his works or audio and video products, except as otherwise provided for in this law;

(9) Without the publisher permission to use the layout design of the books and periodicals published by it;

(10) Live broadcast or publicly transmit the live performance without the permission of the performer, or recording their performances;

(11) Other acts that infringe upon copyright and copyright-related rights and interests.

Article 49 of the "Copyright Law of the People's Republic of China"

Infringes copyright or is related to For copyright-related rights, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right owner 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, based on the circumstances of the infringement, award a compensation of not more than 500,000 yuan. .

The above knowledge is the editor’s answer to relevant legal issues. If a song copyright is infringed, compensation will be based on the actual loss caused. If the actual loss is difficult to determine, you can follow The infringer shall be compensated for his illegal gains. If you need legal help, readers can go to the Legal Savior website for consultation. The Legal Savior website has professional lawyers to answer your questions.