Copyright infringement, unprofitable and compensation. If there is no income from copyright infringement, it is necessary to compensate; If there is no benefit from the infringement, if there is actual damage, compensation shall be made according to the actual loss; If the losses and benefits cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement. Generally speaking, after an infringement dispute occurs, the copyright owner can ask the other party to pay the corresponding compensation to make up for his own losses after determining his actual losses. If the loss of the copyright owner cannot be determined, then it is necessary to calculate the illegal income of the infringer in an appropriate way first, and then calculate the specific compensation. The limitation of action for infringement of intellectual property rights is 2 years, counting from the date when the obligee knows or should know. The people's court shall order the defendant to stop the infringement if the right holder of the patent right, trademark right or copyright has sued for more than 2 years and the intellectual property right is still within the protection period; The amount of compensation for infringement damages shall be calculated for two years from the date when the obligee brings a lawsuit to the people's court.

I. Ways to handle disputes over copyright authorization:

1. Mediation: refers to the dispute settlement method in which the parties reach a settlement agreement under the auspices of a mediation organization when a dispute occurs. Mediation organizations can be copyright administrative departments and other departments, as well as other social organizations and mass organizations. Both copyright infringement disputes and contract disputes can be settled through mediation. The mediation agreement has no legal force and cannot be enforced. After reaching an agreement, if one party reneges and refuses to perform the mediation agreement, the mediation agreement will lose its validity, and the parties can resolve the dispute through litigation.

2. Arbitration: refers to the dispute settlement method in which the arbitration institution decides the disputes of the parties according to certain arbitration procedures. Copyright arbitration is conducted by a copyright arbitration institution, which is mainly applicable to the settlement of copyright contract disputes. Moreover, there must be an arbitration clause in the copyright contract or a written arbitration agreement reached afterwards. If there is no arbitration clause or a written arbitration agreement is not reached afterwards, arbitration cannot be conducted. The arbitration made by the copyright arbitration organ is legally binding. If one party fails to perform the arbitration award, the other party may apply to the people's court for compulsory execution.

3. Litigation: refers to a way to solve copyright disputes by suing the people's court and using litigation procedures. Litigation is the main way to solve copyright disputes stipulated in China's copyright law. The parties may directly bring a suit in a people's court, or if mediation fails between the parties and one party reneges after reaching a mediation agreement, it may also bring a suit in a people's court. In addition, if the people's court that executes the arbitration application finds that the arbitration award is illegal, it has the right not to execute it, and the parties may also bring a lawsuit to the people's court on the contract dispute. The limitation period for a party to apply to a people's court for copyright protection is two years, counting from the time when the copyright owner knows or should know that his rights have been infringed. If a people's court infringes copyright or copyright-related rights in the course of hearing a case, it may confiscate the illegal income, infringing copies and property involved in illegal activities.

2. What are the acts of infringing intellectual property rights?

1. Unauthorized use of identical or similar trademarks, special signs, patents, works and other creative achievements in production, operation, advertising, publicity and performance;

2. Forging or manufacturing identical or similar trademarks or special signs without authorization, or selling forged or unauthorized trademarks or special signs;

3, disguised use of the same or similar trademarks, special signs, patents, works and other creative achievements;

4. Unauthorized use of identical or similar trademarks, special signs, patents, works and other creative achievements in the registration of enterprises, social organizations, institutions and private non-enterprise units and in the names of websites, domain names, buildings, structures and places;

5. Providing places, storage, transportation, mailing, concealment and other convenient conditions for the infringement;

6. Other infringements in violation of relevant national laws and regulations.

Intellectual property infringement has no profit to compensate. If the infringement has caused actual damage, it needs to be compensated according to the actual loss.

Legal basis:

Legal basis: copyright law

Article 49

1. If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual loss of the obligee; 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.

2. 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.