METHOD OF DETERMINATION OF MATERIAL DAMAGES INFLUENCED TO THE OWNER AS A RESULT OF ILLEGAL USE OF INTELLECTUAL PROPERTY OBJECTS

Abstract

In recent years, there has been an increase in the enforceability of rights arising from copyright ownership. The number of court cases on their violation is increasing. The number of detected copyright violations is growing in the scientific community. There is no uniform method for calculating the remuneration due to authors on this account in court cases concerning compensation for infringement of copyright and related rights. In the article, the author describes various methods for calculating the cost of copyright and discusses their application using selected examples. The issue of copyright assessment also concerns the scientific community, and more and more civil and criminal cases concerning scientific plagiarism are being considered in the courts. At the same time, there is no single methodology for assessing the author’s damage from the illegal use of his works. The article discusses the following methods for evaluating copyright and derivative rights: standard, market method (also known as the sales comparison method), revenue method, cost (cost) method. The market approach assumes that in a free market, the laws of supply and demand will lead to a so-called market equilibrium price. When applying the market method to evaluating copyrights, keep in mind that a copyrighted work is inherently unique, and the copyright owner has a kind of monopoly on it. A copyrighted work must be original, and market comparisons with other authors ‘ work can be dangerous because of this uniqueness. Revenue generation methods are based on asset valuation based on a forecast of future revenue. You can use them when you can accurately calculate the revenue associated with the use of certain copyrights, or create a reliable revenue forecast. Revenue-generating methods are often used to assess compensation from people who illegally distribute movies, computer games, or music. The cost method determines the value of an asset based on the costs required to replace an identical or similar asset at a given time, but is not very important for evaluating intangible assets.