The handling of stolen short videos is as follows:
1. The infringed party can mediate on its own and require the other party to stop the infringement and compensate for losses; if it causes damage to the reputation of the infringed party, it can also The infringers are required to restore their reputation through various legal means;
2. You can call 12318 to complain to the comprehensive law enforcement department of the cultural market, or you can go to the local industrial and commercial bureau, cultural bureau, and police station to report and pursue legal action against the relevant personnel. Liability;
3. If the infringer is unwilling to mediate, or the mediation is unsuccessful, the infringed party can sue in court;
4. The statute of limitations for copyright infringement is three years, starting from The date shall be calculated from the date when the copyright owner knew or should have known about the infringement.
What are the standards for attorney fees for infringement of film and television works?
1. There are standards for lawyer’s agency fees, but the standards are different in each place. Even the lawyer’s agency fees in the same place vary from person to person. Please consult the local lawyer for details;
2. Attorney fees in patent infringement cases are generally determined based on the amount claimed. Generally, it is around 50,000-80,000. The specific situation still depends on the situation of the infringing party;
3. Patent lawyers are somewhat different from lawyers in other industries. Other lawyers generally charge based on the complexity of the case, while patent lawyers mainly depend on the professionalism of the case. Fees;
4. The case fees of more professional enterprise research institutes are more expensive. In the communications, computer, and semiconductor industries, the basic legal fees can range from hundreds of thousands to more than one million.
To sum up, if someone steals another person’s video, he or she should compensate the actual losses suffered by others due to theft of the video or the benefits gained by the person who stole the video. Anyone who disseminates his or her works to the public through information networks without the permission of the copyright owner shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses.
Legal basis:
Article 63 of the Trademark Law of the People's Republic of China
The amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the right The actual losses suffered by the person due to infringement are determined; if the actual losses are difficult to determine, they can be determined based on the benefits obtained by the infringer due to the infringement; if the losses suffered by the right holder or the benefits obtained by the infringer are difficult to determine, refer to the trademark license fee The multiple is reasonably determined. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.
In order to determine the amount of compensation, the people's court may order the infringer to provide account books related to the infringement when the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer. , information; if the infringer fails to provide or provides false account books and information, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.
If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits gained by the infringer due to the infringement, and the registered trademark license fee, the People's Court shall award RMB 5 million based on the circumstances of the infringement. the following compensation.
When hearing trademark dispute cases, the People's Court shall, at the request of the right holder, order the destruction of goods belonging to counterfeit registered trademarks, except in special circumstances; materials and tools mainly used to manufacture goods with counterfeit registered trademarks shall be ordered to be destroyed. Ordered to destroy without compensation; or under special circumstances, ordered to prohibit the aforementioned materials and tools from entering commercial channels without compensation.
Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.