if a musical work is infringed, compensate the obligee for the actual losses suffered as a result. That is, the amount of compensation should generally be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to calculate, compensation may be paid according to the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right holder to stop the infringement.
Extended materials
According to the relevant provisions of Article 49 of China's Copyright Law, if copyright or copyright-related rights are infringed, the infringer shall pay compensation according to the actual losses of the obligee; If the actual loss is difficult to calculate, compensation may be paid according to the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right holder 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 5, yuan according to the circumstances of the infringement. The following cases belong to music copyright infringement:
(1) publishing his works without the permission of the copyright owner.
(2) publishing a work created in cooperation with others as a work created by oneself without the permission of the co-author.
(3) not participating in the creation, but signing others' works for personal fame and fortune.
(4) distorting or tampering with other people's works.
(5) using a work by performing, broadcasting, exhibiting, distributing, making movies, television, video or adapting, translating or editing without the permission of the copyright owner.
(6) using another person's work without paying remuneration as required.
(7) Live broadcast of a performer's performance without the permission of the performer.
(8) Without the consent of the legal person or the client, the author arbitrarily combines his own professional works with those published by commissioned works.
(9) dealing with the copyright inherited by * * * without the consent of other legal heirs.
(1) Modifying a work without the consent of the author.
(11) plagiarizing or copying other people's works.
(12) reproducing and distributing a work for profit without the permission of the copyright owner.
(13) publishing books for which others have exclusive publishing rights.
(14) Making and publishing audio and video recordings of their performances without the permission of the performers.
(15) reproducing and distributing audio and video recordings made by the producer without the permission of the producer.
(16) reproducing and distributing radio and television programs produced by a radio station or television station without the permission of the radio station or television station.
(17) making or selling works of art with forged signatures.
(18) importing or distributing copies of copyright infringing works and providing conditions for the reproduction of copyright infringing works.
The infringement that we are concerned about infringes on the right of mechanical performance and mechanical reproduction of music works is mainly manifested in the act of copying and distributing or showing their works for profit without the permission of the copyright owner.
Legal basis:
Copyright Law of the People's Republic of China
Article 42 A producer of audio and video recordings shall obtain the permission of the copyright owner and pay remuneration for using other people's works to make audio and video recordings. A producer of a sound recording may make a sound recording by using a musical work that has been legally recorded as a sound recording by others without the permission of the copyright owner, but shall pay remuneration in accordance with the provisions; If the copyright owner declares that it is not allowed to use it, it shall not be used.
article 43 a producer of audio and video recordings shall conclude a contract with the performer and pay remuneration when making audio and video recordings.
article 44 the licensee shall obtain the permission of the copyright owner and the performer at the same time and pay remuneration for copying, distributing and disseminating audio and video products to the public through the information network; When renting audio and video products, the licensee shall also obtain the permission of the performer and pay remuneration.