Compensation standard for infringement of photographic copyright-how to make compensation for infringement of photographic photos

Legal analysis on how to compensate for the infringement of photographic works: confirmed according to actual losses or illegal gains. If the actual loss of the copyright owner or the illegal income of the infringer cannot be calculated or is difficult to calculate, the infringer shall calculate it according to the use fee of the reference copyright.

Legal basis: Article 54 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 or the infringer's illegal income; If the actual loss of the obligee or the illegal income of the infringer is difficult to calculate, compensation may be made with reference to the use fee. In case of intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be paid at least one time but not more than five times the amount determined by the above method.

If it is difficult to calculate the actual loss of the obligee, the illegal income of the infringer and the royalty, the people's court shall award compensation of more than 5 million yuan to 500 yuan according to the circumstances of the infringement.

The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.

In order to determine the amount of compensation, the obligee has fulfilled the necessary burden of proof, and the books and materials related to the infringement are mainly in the hands of the infringer, the people's court may order the infringer to provide the books and materials related to the infringement; The infringer does not provide or provide false account books, materials, etc. The people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.

In handling copyright disputes, the people's court shall, except in special circumstances, order the destruction of infringing copies at the request of the obligee; Materials, tools and equipment mainly used for making infringing copies shall be ordered to be destroyed free of charge; Or under special circumstances, it shall be ordered to prohibit the aforementioned materials, tools and equipment from entering the commercial channels free of charge.

Legal analysis on how to claim compensation for the infringement of photographic photos: 1, the actual loss of the photo owner or the actual infringement times of the photo 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: Civil Code of People's Republic of China (PRC).

Article 120 Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.

Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.

Article 168 Where two or more persons jointly infringe and cause damage to others, they shall be jointly and severally liable.

How to punish the copyright infringement of photographic works should bear civil responsibilities such as stopping the infringement, eliminating the influence, apologizing and compensating for losses according to the situation; At the same time, if the public interest is harmed, the copyright administrative department may order it to stop the infringement, confiscate the illegal income, confiscate and destroy the infringing copy, and may also impose a fine; If the circumstances are serious, the copyright administrative department may also confiscate the materials, tools and equipment mainly used for making infringing copies; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 47 of the Copyright Law of People's Republic of China (PRC) commits one of the following infringements, and shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for the losses according to the circumstances: (1) publishing his works without the permission of the copyright owner; (2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author; (three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works; (4) distorting or tampering with other people's works; (5) Plagiarizing other people's works; (6) Using a work by means of exhibition, filming or adaptation, translation or annotation without the permission of the copyright owner. Unless otherwise provided for in this law; (seven) the use of another person's work, which should be paid but not paid; (8) Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of film works and works created by similar film production methods, computer software and audio-visual products, except as otherwise provided by this Law; (9) Using the layout design of books and periodicals published by publishers without their permission; (10) Live broadcast or public dissemination of a live performance or recording of a performance without the permission of the performer; (eleven) other acts of infringement of copyright and copyright-related rights and interests. Article 48 Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for losses according to the circumstances. At the same time, if the public interest is harmed, the copyright administrative department may order it to stop the infringement, confiscate the illegal income, confiscate and destroy the infringing copy, and may also impose a fine; If the circumstances are serious, the copyright administrative department may also confiscate the materials, tools and equipment mainly used for making infringing copies; (1) Reproduction, distribution, performance, projection, broadcasting, compilation and dissemination to the public through information networks without the permission of the copyright owner, except as otherwise provided by this Law; (2) Publishing books with exclusive publishing rights enjoyed by others; (3) Reproduction and distribution of audio and video products of their performances without the permission of performers, or dissemination of their performances to the public through information networks, unless otherwise provided for in this Law; (4) Reproduction, distribution and dissemination of audio and video products made by the producers of audio and video recordings to the public through information networks without the permission of the producers, except as otherwise provided for in this Law; (5) broadcasting or reproducing radio and television without permission, except as otherwise provided by this Law; (six) without the permission of the copyright owner or copyright-related obligee, deliberately avoiding or destroying the technical measures taken by the obligee to protect the copyright or copyright-related rights of his works, audio-visual products, etc. Except as otherwise provided by laws and administrative regulations; (7) Deliberately deleting or changing electronic information on rights management such as works, audio-visual products, etc. Without the permission of the copyright owner or copyright-related obligee, except as otherwise provided by laws and administrative regulations.