Research On Judicialapplication Of Legal Compensation For Copyright Under Market Value Orientation

With the rapid development of copyright industry,the market value of copyright is increasing.The development of digital technology lowers the threshold of infringement and the severe situation of infringement hinders the development of copyright industry.Judicial protection should be further strengthened to create a social environment conducive to the development of copyright industry.The judicial protection in the dominant position of copyright protection urgently needs to strengthen protection and innovate judicial trial rules.In the case of copyright infringement,the determination of compensation amount is the focus of rights protection.The immateriality of copyright not only makes it difficult to prove the fact of damage,but also makes it difficult to accurately quantify the loss.In order to solve the problem of "difficult to prove" and "difficult to determine",the Chinese law introduces the calculation method of "legal compensation",which determines the amount of compensation according to the infringement circumstances of specific cases through the exercise of judges’ discretion.But the calculation to determine the compensation of subjectivity is strong,the compensation standard fuzzy,rights protection effect is poorer,difficult to meet the needs of rights protection,do not conform with the market value of the copyright,in practice to ridicule.Based on copyright in trial practice,emphasize the legal judgment of compensation and the right to adapt to the market value under the background,discusses the copyright holder of the legal system of compensation for judicial application of inadequate market value of copyright and commercial rights and copyright market value realization the pros and cons of struggle,to determine the compensation factor fuzzy compensation,legal decision can’t reflect market value of copyright,copyright market value in the judge’s discretion in the process of practical problems such as lack,the objective existence of realistic problems show that the copyright legal compensation between judicial application and market value orientation deviation;Taking the market value of copyright as the guide,starting with the relativity of market value and combining with the characteristics of copyright infringement,this paper puts forward some measures to standardize the judicial application of legal compensation,in order to promote the establishment of judicial protection mechanism in line with the market value of copyright and thus promote the healthy development of copyright industry.