How to compensate piracy defendants in 2023

According to the relevant laws of our country, piracy is an infringement of Copyright. If it infringes the copyright of others, the copyright owner can sue the infringer and require the infringer to bear the liability for compensation. So how can the piracy defendant compensate? The editor of Legal Savior Network will provide the following for readers. Answer, I hope the following knowledge will be helpful to readers.

1. How to compensate piracy defendants

If someone is sued for piracy of other people’s copyrights, Compensation shall be made in accordance with the court's judgment. The amount of compensation is generally determined based on the actual losses caused. If the actual losses are difficult to determine, compensation will be based on illegal gains.

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

Article 49 Infringement of copyright or infringement of copyright 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. .

2. How to protect copyright infringement

(1) Self-negotiation

If both parties can reconcile after the infringement occurs, the copyright can be People can quickly and effectively realize and defend their rights and interests, and it can also enable infringers to avoid damage to their reputation. If the parties are unwilling to negotiate or cannot reach an agreement, the parties may directly file a civil lawsuit with the court.

(2) Mediation

Mediation is not a necessary procedure for resolving copyright disputes. The parties are willing to If you fail to reach a mediation agreement through mediation or regret after mediation, you can directly file a lawsuit in court.

(3) Arbitration

Arbitration toIt is often limited to contract disputes, and a request for arbitration must have a written agreement or a written arbitration clause.

(4) Civil litigation

After a copyright dispute occurs, if both parties are unwilling to negotiate or Negotiations fail; the parties are unwilling to mediate the agreement or regret after mediation; and the parties have neither a written arbitration agreement nor an arbitration clause in the copyright contract; or the arbitration award is made but the people's court believes that the arbitration award is statutory and should not be enforced. In any case, you can file a lawsuit directly with the People's Court. Litigation is the ultimate way to resolve civil disputes. Civil litigation applies to both tort disputes and contract disputes.

The above knowledge is the editor’s answer to relevant legal issues. If you are sued for piracy of other people’s copyrights, you will be compensated according to the court’s judgment. The amount of compensation is generally determined based on the actual losses caused. If the actual losses are difficult to determine, compensation will be based on 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.