Video infringement is also an act of copyright infringement. There are three criteria for determining the amount of compensation for copyright infringement: 1. If the actual loss of the obligee can be calculated, the infringer shall compensate according to the actual loss of the obligee. The actual loss mentioned here can be calculated according to the reduction in the number of copies issued or the sales volume of infringing copies caused by infringement. The specific amount of actual loss is the result of multiplying the above two quantities by the unit profit of the replica; 2. If it is difficult to calculate the actual loss, it can also be calculated according to the amount of illegal income of the infringer; 3. If the actual losses and illegal gains from infringement cannot be calculated, the compensation amount agreed by both parties can be calculated. If both parties cannot reach an agreement on the amount of compensation, the specific amount of compensation shall be decided by the court.
First, how to define video infringement
Publishing videos and using others' videos without the consent of the video owner, but failing to pay the remuneration of the right owner in accordance with the regulations; Or spread it as a self-created video without the consent of the right holder, which belongs to video infringement.
Second, what rights does copyright include?
Copyright includes the following personal rights and property rights:
(a) the right to publish, that is, the right to decide whether the work is open;
(2) the right of signature, that is, the right to indicate the identity of the author and sign his name on the work;
(3) the right to modify, that is, the right to modify or authorize others to modify a work;
(four) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;
(5) the right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, copying, remaking and digitization;
(6) the right of distribution, that is, the right to provide the original or duplicate of a work to the public by way of sale or gift;
(seven) the right to rent, that is, the right to temporarily license others to use the original or copy of audio-visual works and computer software, except that computer software is not the main object of rent;
(8) The right to exhibit, that is, the right to publicly display the original or duplicate of an artistic work or photographic work;
(nine) the right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work in various ways;
(10) the right to show, that is, the right to publicly copy art, photography, audio-visual works, etc. Through projectors, slide projectors and other technical equipment;
(11) The right to broadcast, that is, the right to publicly broadcast or replay a work by wired or wireless means, and the right to broadcast a work to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images, but not including the right specified in Item 12 of this paragraph;
(12) the right of information network communication, that is, the right to provide it to the public by wired or wireless means, so that the public can obtain the works at the time and place of their choice;
(thirteen) the right to shoot, that is, the right to fix the work on the carrier by shooting audio-visual works;
(14) the right of adaptation, that is, the right to change a work and create a new work with originality;
(15) the right to translation, that is, the right to convert a work from one language into another;
(16) the right of assembly, that is, the right to assemble a work or fragments of a work into a new work through selection or arrangement;
(seventeen) other rights that should be enjoyed by the copyright owner.
When the defendant involves video works and products of play online without permission, and there are no other reference factors, the compensation amount for each film, TV series, documentary and comic works is generally not less than 30,000 yuan; The remuneration for each micro-film work is generally not less than 6.5438+0.5 million yuan; The amount of remuneration for video works of variety shows is generally not less than 4000 yuan; The remuneration for other short video works is generally not less than 2,500 yuan; The amount of compensation for each video product is generally not lower than that of 500 yuan.
Legal basis:
Article 179 of the Civil Law of People's Republic of China (PRC) infringes upon others and causes personal injury, it shall compensate the reasonable expenses of medical treatment, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, etc., and the income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.