Will you bear civil liability for copyright infringement?
Is it necessary to bear civil liability for copyright infringement? Civil liability for copyright infringement mainly includes stopping the infringement, eliminating the impact, making an apology, and compensating for losses.
"Copyright Law of the People's Republic of China"Article 48 Anyone who commits the following infringements shall, according to the circumstances, bear civil responsibilities such as ceasing the infringement, eliminating the impact, making an apology, and compensating for losses; if the public interest is harmed at the same time, the copyright owner may The administrative department shall order the infringement to cease, confiscate the illegal gains, confiscate and destroy the infringing copies, and may impose a fine; in serious cases, the copyright administrative department may also confiscate materials, tools, equipment, etc. mainly used to make infringing copies; If a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Copying, distributing, performing, screening, broadcasting, or compiling without the permission of the copyright owner , disseminating his or her works to the public through information networks, except as otherwise provided for in this Law;
(2) Publishing books for which others have exclusive publishing rights;
(3) Any person who reproduces or distributes audio and video recordings of his or her performance without the permission of the performer, or disseminates his or her performance to the public through information networks shall be deemed to be Except as otherwise provided by law;
(4) Copying, distributing, and disseminating to the public through information networks the audio and video recordings produced without the permission of the audio and video producers products, except as otherwise provided for in this Law;
(5) Broadcasting or copying radio or television without permission, except as otherwise provided for in this Law; ;
(6) Without the copyright owner or copyright-related rightsintentionally avoid or destroy the technical measures taken by the right holder to protect copyright or copyright-related rights for its works, audio and video products, etc., unless otherwise provided for by laws and administrative regulations;
(7) Deliberately deleting or changing the rights management electronic information of works, audio and video products, etc. without the permission of the copyright owner or copyright-related rights holder, as otherwise provided for by laws and administrative regulations Except;
(8) Producing and selling works that counterfeit the signature of others.
"Copyright Law of the People's Republic of China" Fourth Article 19 If 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 be compensated according to the infringer's illegal income. 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. Infringement of copyright requires civil liability. Civil liability for copyright infringement mainly includes stopping the infringement, eliminating Impact, apology, compensation for losses, etc. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
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