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<p><OrderedList> <ListItem> <ItemNumber>1.</ItemNumber> <ItemContent> <p>In cases where the country in which the copyright infringement occurred differs from the author’s country of residence, in determining the amount of pecuniary damages in the form of lost licensing remuneration subject to compensation under Art. 95 Copyright and Related Rights Act (CRRA), the market of the country where the infringement took place shall be taken into account, along with all circumstances relating to the use of the work and the infringement.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>2.</ItemNumber> <ItemContent> <p>The compensation for damages due under Art. 95(2) CRRA in the event of copyright infringement includes compensation for reasonable and proportionate out-of-court legal expenses incurred for a lawyer in connection with efforts to reach a settlement.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>3.</ItemNumber> <ItemContent> <p>When determining fair compensation for copyright infringement, non-pecuniary damages suffered as a result of the infringement must be proven. The court may consider as proven such damages that are a logical and natural consequence of the infringement.</p> </ItemContent> </ListItem> </OrderedList></p>

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“Out-of-Court Lawyer Expenses”

  • 期刊论文

  • 发表日期：

    2025年11月1日

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摘要

1.

In cases where the country in which the copyright infringement occurred differs from the author’s country of residence, in determining the amount of pecuniary damages in the form of lost licensing remuneration subject to compensation under Art. 95 Copyright and Related Rights Act (CRRA), the market of the country where the infringement took place shall be taken into account, along with all circumstances relating to the use of the work and the infringement.

2.

The compensation for damages due under Art. 95(2) CRRA in the event of copyright infringement includes compensation for reasonable and proportionate out-of-court legal expenses incurred for a lawyer in connection with efforts to reach a settlement.

 3.

When determining fair compensation for copyright infringement, non-pecuniary damages suffered as a result of the infringement must be proven. The court may consider as proven such damages that are a logical and natural consequence of the infringement.