How to get compensation for copyright infringement?

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26.06.2023 10:11 520

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Photo of lorina200215 Lorina Fedan

On compensation instead of compensation for damages or recovery of income in the new Law of Ukraine "On Copyright and Related Rights" No. 2811 dated 01.12.2022

In the current Law, compensation is levied by the court instead of damages or income recovery.

The amount of compensation must be commensurate with the consequences of the violation of the right. This means that in order to determine the amount of compensation, the court will need to establish the amount of the plaintiff's losses from the violation of his rights by the defendant. If the court fails to establish the amount (at least approximate) of the plaintiff's losses, there will be no basis for determining the amount of compensation.

Another condition for compensation is the fault of the violator. Therefore, if the defendant proves that there was no fault in his actions, the court will not be able to collect compensation from him.

Therefore, if copyright has been violated, file an appropriate lawsuit in court.

26.06.2023 10:55

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