According to Article 48 of the Copyright Law of People's Republic of China (PRC), if copyright or copyright-related rights are infringed, the infringer shall compensate the obligee according to the actual losses.
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.
Extended data:
In May 2008, Beijing Peking University Founder Electronics Co., Ltd. purchased 55 kinds of products such as Rejoice Shampoo and Rejoice Essence from Guangzhou Procter & Gamble Company at Carrefour Zhongguancun Plaza Store.
Founder believes that the manufacturer Guangzhou Procter & Gamble and the seller Beijing Carrefour have infringed their copyright, so they filed a lawsuit.
Beijing Carrefour immediately stopped selling all products with the above fonts; The two defendants publicly apologized, eliminated the influence and compensated for economic losses.
The Haidian District Court of Beijing concluded this copyright dispute case. The court found that the font itself has copyright, but the characters in the font have no independent copyright, so all the claims of the other company are not supported.
The court held that the fonts in Fangzheng Qianzi font library are original to a certain extent, which meets the requirements of works of art stipulated in China's copyright law and can be protected as a whole.
However, the characters in fonts cannot be protected as works of art.
Founder claims that the use of Procter & Gamble, the end user, infringes the copyright of artistic works with the word "Rejoice" in the font, and there is no legal basis.
Therefore, the claims made by the other company to Procter & Gamble and Carrefour are not supported.
China People's Congress Network-People's Republic of China (PRC) Copyright Law
People's Network-There is no independent copyright for the characters in fonts.