Research On The Application Of The Copyright's Statutory Compensation System In China

The function of the copyright's statutory compensation system is to determine the amount of damages by judge comprehensively considering the factors such as the circumstances of the infringement when the actual loss and the illegal income of the copyright infringement are difficult to determine.However,the commercialization of copyright has generated enormous economic benefits and copyright infringements.At the same time,the rapid development of science and technology and the internet,the complexity of the works has made it increasingly difficult to obtain and prove evidence of infringement and damages,so that the actual loss of the obligee and the infringer's illegal income is more and more difficult to prove.The obligee,that is,the victim,will increasingly rely on the statutory compensation system for copyright.It has been 17 years since the establishment of the copyright's statutory compensation system in China in 2001,and it has been more than 20 years for the court to explore the statutory damages by the judicial proceedings.Therefore,the system in the copyright infringement dispute plays an important role.Due to the characteristics of system design,it solves the problems that proof and loss of infringement are difficult to prove and calculate to a great extent,which provides the system safeguard for the timely and efficient solution to the dispute of copyright infringement.However,due to the fuzziness of the statutory compensation system and the diversity and complexity of the copyright infringement,the applicable conditions stipulated by the law are very general.The applicable methods or provisions such as the reference factor,the applicable object unit and the compensation limit are unknown or not given.Objectively it gives judges a lot of discretionary space,but doesn't provide the corresponding normative guidelines and criteria for the trial,combined with different regions of the judge's awareness and level differences,even making the application of statutory compensation appeared " abuse of statutory compensation " " diverse judgment standards " and " coexistence of multiple views and points ".It not only conduces to safeguarding the legitimate rights and interests in the parties concerned,but also damages the authority on the system.Thus the amendment and improvement on the system is putting on the agenda.So this dissertation tries to analyze the copyright's statutory compensation for a comprehensive and systematic way based on the relevant theories,legal provisions and cases data in order to provide useful thinking on the improvement of the system.In the first part,we clarify the protection value tendencies that statutory compensation should have,that is,to protect the trend of creation value by protecting market value,in order to determine the fellow amendment and improvement direction of the statutory compensation system.Statutory compensation plays a role in the specific compensation after the determination infringement and liability,so both the existing system and the system improvement can be supported by the specific cases.Therefore,the second part of this dissertation searches for the relevant websites to extract 257 judgments on the copyright's statutory compensation in all provinces,autonomous regions and municipalities in the China Mainland in 2016,and analyzes the judgments' litigation claims,facts determination and the rationale ascertained and the judgments related to statutory compensation in the judgments of these cases.And also the amount of the petition,the applicable premise,the reference factor,the reasonable expenditure and other aspects of data statistics,as the existing problems of the application of the system and the factual basis of improved suggests to ensure that the dissertation is more operable and reasonable.In particular:First of all,the application of statutory compensation needs certain conditions as the trigger,which can be divided into applicable premises and sequence.Therefore,in chapter II,this dissertation points out the existing problems of these two conditions,the statistic data of the extract judgments and the legal provisions,and then analyzes and comments on the causes,existing opinions and suggestions for improvement,and finally puts forward some suggestions and reasons.In sort,a reasonable multiple of royalties and other ways in which the amount of compensation can be ascertained as a precondition while maintaining the current syn-position of the application.And the amount of compensation confirmed by the existing evidence is obviously unreasonable as the application of "offside".Second,statutory compensation should be operated according to a certain method and corresponding steps to play its role.It is necessary to define the scope of the applicable object units,the scope and types of reference factors,and the limits of the amount of compensation.Similarly,Chapter III puts forward questions on the basis of statistical data and legal provisions,analyzes the causes of the problems and evaluates the existing ones,and puts forward suggestions: First,starting from the market value,the right to produce market value is the applicable object unit.Second,the reference factors are screened according to objectivity and market standards in the circumstances of the infringement,the infringed work and the infringer and prevent reference to repeat.Finally,the statutory compensation will have a corresponding effect,which has problems such as whether punishing the infringer or compensating the obligee,and the reasonable expenditure is whether part of the compensation for damages or not,and whether it has the possibility of bearing the deprivation of profits and alternative of stopping infringement and so on.In the meantime,Chapter IV inferred and analyzed the nature of compensation,the scope of compensation and the possibility of functional expansion on the basis of suggestions and statistical data of the first three chapters.from determining and analyzing the above three aspects respectively,we draw the conclusion: First,the statutory compensation is a compensation considered comprehensively that is the closest to the infringement loss derived from the three angles of the obligee,the infringer and the market.Second,the reasonable expenditure is not caused by the infringement of the copyright and does not belong to the infringement damage.And it should be clearly distinguished from statutory compensation;Third,the deprivation of profits is the infringement profit that exceeds the actual loss in the illegal income,but the profits can not be determined at all in the statutory compensation.There is no possibility of deprivation.However,for the alternative of stopping infringement,it is naturally included in the statutory compensation consideration since it is converted into the compensation for the future infringement.So it can be included in statutory compensation.So far,the Chapter II to the Chapter IV existing problems and modified views are evaluated from application of conditions,methods and effects of the statutory compensation,and put forward the suggestions of this dissertation.In the last part,the Chapter V will arrange and synthesize the suggestions put forward in these three chapters,and make a systematic introduction in the form of legislative amendments to the proposed texts,and make appropriate explanations on the corresponding clauses so that the dissertations can be integrated into a complete and systematic approach to improve the application of the copyright's statutory compensation system.With a view to giving due play to the role of encouraging innovation and protecting the legitimate rights and interests of the obligee so as to achieve the ultimate legislative goal of promoting the prosperity and development of culture and science in the new era.