Copyright Statutory Damages Regime Of Judicial Application

With the rapid development of the knowledge economy, increasingly developed network information, involved highlighted the economic value of copyright, copyright disputes gradually increased. Determine the amount of damages for infringement of judicial protection of copyright is an important manifestation. However, due to copyright dispute with objects of intangible, more frequent violations, injury-prone way special and hidden features, resulting in infringement is difficult to determine the amount of damages. So, how can we determine the appropriate amount of damages according to the law concern issues by the parties, are the emphases and difficulties of judicial protection. In order to improve the calculation of the amount of damages for infringement, enabling the right relief, stimulate the creation of innovation initiative, in the field introduction of copyright statutory damages compensation system in our country. Statutory damages are a special compensation, actual losses are rights holders or the infringer’s unlawful income cannot obtain a valid case of evidence to be proved, within the limit prescribed by the judge in a comprehensive reference to statutory factors ultimately rational calculation amount for damages. Compared with other compensation systems, it has a particularity, the level of compensation applicable statutory sexual, just right for qualitative and qualified four characteristics.But, existing legal and the Justice explained of provides too principles, and simple, lack can operation sexual, led to in specific using of process in the exists many problem, such as, applies too much, and flood, statutory compensation of amount differences larger, referee who of free conference volume right range lack limit, network copyright activist rendering commercialization and so on, so case Zhijian, and class case Zhijian, and case and class case Zhijian sentenced lost of standard cannot unified, in different area, and different court Zhijian referee of standard and results not balance, The parties cast doubt on the impartiality of judgement and authority, failed to fully implement the relief rights and deter infringement of legislative intent. This article is based on actual cases, reflect deeply on the copyright compensation system in the problems in the application of Justice, combined with legal provisions separately in theory and practice levels to further probe the reason behind.This article will be full compensation for the principle that "close" principle as the basic principles of copyright infringement damages, taking into account the principle of encouraging innovation and share. Applicability of statutory compensation when determining the amount of damages, needs a comprehensive reference value of copyright rights, level of originality, works right there, right holders may loss, the infringer may benefit method, duration and the extent of the violations, the subjective state of the infringer, and many other factors. In order to increase the certainty of the applicability of statutory compensation, strengthen the protection of the interests of right holders, but also responsibility for the infringement of their acts to determine expected to make the most of this article also clarified the conditions for the application of statutory damages, establishing objects to measure objectively determine the rights holders’ reasonable expenses.