A Study On The Statutory Compensation For The Infringement Of The Right Of Spreading The Written Works' Information On The Internet

For a long time,the infringement compensation in the field of intellectual property has always been a hot issue.Against the background of intensifying the protection of intellectual property rights in China,tort compensation has become an urgent issue to be solved.Among these academic researches,holistic research is a more commonly used method,but the research results will be more macroscopic and,which is difficult to be applied in the specific judicial practice.Written works are the most commonly used legal works that are protected by law and have a profound impact on science and technology.With the development of network technology,the written works under the Internet environment differ from the traditional literary works both in the type of work,in the way of communication and in the form of expression.Therefore,this article focuses on the case study of the single object type of information network transmission right in written works,with a view to making some suggestions on the practical implementation on the issue of compensation for infringement.This article is divided into four parts altogether:The first part is the definition of the written works under the network environment and the changes of the writing works under the internet environment,and the object of the sample survey of this article is confirmed;Tort cases were sorted out to summarize the characteristics of their judgments.Through the statistical analysis of the copyright cases in Beijing in 2016,it is found that the applicable rate of statutory compensation is 100%.The legal compensation as the "final" choice in the system design has become the first choice of judicial practice.With the ensuing problems such as the low support of the judiciary,the large discrepancy of reasonable expenses and the similar words in the judgments.In order to enhance the level of legal compensation,the author analyzes and contrasts the reference of statutory compensation in the current laws and regulations with judicial cases.In the third part,the author analyzes the influence of other judgments in terms of writing works,information network dissemination rights,Factors such as the three dimensions of the judge's referee ideas,and to analyze the key factors of which are summarized.Specifically:The third part is divided into three sections,the first section focus on the analysis of the written works from the perspective of the type of works,popularity,market value,the substantive similarity of works,licensing costs.Section II focuses on the impact of the four factors on the compensation of infringement,such as the category of the network communication carrier,the nature of the website,the location in the website and the click volume.Section III,the author from the subjective fault,the reasonable costs to analyze its impact on the final amount of judicial awards.In the fourth part,according to the analysis of the first three parts,we put forward corresponding suggestions according to the characteristics of the written works.Firstly,we should increase the statutory amount of compensation in the legislation and limit the minimum amount of compensation in the judiciary on the basis of the standard wage payment.Secondly,we should establish a special case of written works.Thirdly,focus on grasping the relationship between market value and infringement compensation.In the fourth part,suggestions on related issues of proof.From the Judge's Point of View,reinforcing the rationality between the factors of the Infringement Compensation in the judgments.From the point of view of the case parties,the parties are encouraged to use the assistant of experts and the method of visual litigation to guide the parties to proactively and effectively prove.