How to compensate for architectural photography infringement

Legal analysis: the compensation method of architectural photography infringement;

1, the actual loss of the picture right holder or the actual infringement number of the picture infringer.

First of all, we should consider the actual loss, that is, the actual loss of the picture right holder or the actual loss brought by the picture infringer to the right holder because of the infringement.

2. The illegal profit of the picture infringer;

If the actual loss of the obligee cannot be estimated, the compensation standard can also estimate the compensation amount according to the illegal profit of the picture infringer.

3. When the above cannot be determined, the court will make a judgment according to the specific details.

When the actual loss of the obligee and the illegal profit of the infringer cannot be estimated, the court will analyze the specific situation according to the evidence submitted by both parties and finally determine the amount of compensation according to the actual situation.

Legal basis: Article 49 of the Copyright Law of People's Republic of China (PRC) infringes copyright or copyright-related rights, and the infringer shall compensate the obligee according to the actual loss; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.

If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.