Joke Collection Website - Talk about mood - Meituan embezzled compensation standards from others.
Meituan embezzled compensation standards from others.
If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual loss of the obligee or the illegal income of the infringer; If it is difficult to calculate the actual loss of the obligee or the illegal income of the infringer, 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.
The evidence that the infringer should bear the compensation includes the following aspects:
1, evidence of the plaintiff's actual loss. For example, the defendant's infringement reduced the plaintiff's profit; The plaintiff's reasonable license fee; The expected loss of profit caused by the plaintiff's failure to perform the license contract or the difficulty in performing it normally due to the defendant's infringement.
2. Evidence of the infringer's illegal income. For example, the defendant's copyright fee and the operating profit reflected in the defendant's financial statements.
3. Evidence that the obligee has paid a reasonable fee for stopping the infringement. It mainly includes: attorney fees, notarization fees and other investigation and evidence collection fees, transportation and accommodation fees, printing and mailing fees of litigation materials, etc.
4. Other evidence. Usually, it is difficult to obtain evidence of the actual loss of the obligee or the illegal income of the infringer. In this case, when judging the amount of compensation, the court will refer to the popularity and market value of the work, the popularity of the obligee, the subjective fault of the infringer, the way of infringement, time, scope and consequences.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Copyright Law of People's Republic of China (PRC).
Article 49 In order to protect copyright and copyright-related rights, the obligee may take technical measures.
Without the permission of the obligee, no organization or individual may intentionally evade or destroy technical measures, manufacture, import or provide relevant devices or components to the public for the purpose of evading or destroying technical measures, or intentionally provide technical services for others to evade or destroy technical measures. However, the circumstances that can be avoided as stipulated by laws and administrative regulations are excluded.
The technical measures mentioned in this Law refer to effective technologies, devices or components used to prevent or restrict browsing and appreciation of works, performances and audio-visual products or to provide works, performances and audio-visual products to the public through information networks.
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