The Case Study Of Compensation For Network Copyright Infringement

Internet not only brings convenience, but also shocks the existing legalsystem, cases the adjustment of the rights and interests. The legal issuesbrought by the new technology are most concentrated in the field ofcopyright. The Internet has changed the mode of transmission of the work.The manifestation of infringement becomes more complex, that increase thedifficulty of copyright protection. Internet copyright infringement is a newkind of copyright infringement case, which challenges the traditionalcopyright theory, shows a significant hysteresis of the existing legal system.No legal basis for judicial practice, which is discourage to innovation, andhinder the development of the Internet industry. It's very important to buildour system of network copyright infringement damages rationally, toguarantee the rights and interest of the copyright owner. Internet copyright is an original and intellectual achievement whichproduced in the internet in accordance with the law, based on literary, artisticand scientific fields, and can be copied in some tangible form. The networkcopyright is invisible can be copied convenient, the ownership is complex, allthese features makes the network copyright is far away different from thetraditional copyright, as a result, the copyright infringement damages also hasits own characteristics. The doctrine of liability fixation in infringement ofnetwork copyright should contain fault liability doctrine and no-fault liabilitydoctrine. About the protection mode, the network copyright owner can eitherrequire the infringer compensation for damage, or asks the infringer to stopthe infringement, eliminating the effects. Network copyright infringementdamages include reasonable fees and compensatory damages, to appropriateprotection can be applied to compensatory damages. After the infringement,the actual damages of the copyright owner and the profits of the infringer aredifficult to calculate. The current statutory compensation range of500,000doesn't have a uniform reference standard. In order to resolving disputesreasonably, required judges to determine the amount of compensation basedon objective the fact of infringement, the trial experience and awareness ofthe basic principles of law and judges. Spirit damage compensate shouldincluding suing of the spirit damage compensate of copyright owner's personal rights. Determine spirit damage indemnity of copyright owner'spersonal rights infringement should follow the budgetary estimate rule andreference rule.