An Empirical Study On The Influencing Factors Of The "Statutory Compensation Amount" Of Copyright

Due to the general difficulty of producing evidence in copyright cases,the courts use the statutory compensation system on a large scale.The 2,622 judgments of the court of first instance compiled by the author show that the application ratio of the statutory compensation system has reached 99.4%.Article 25 of the Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases states that the people’s court should comprehensively determine the type of work,reasonable royalties,nature of infringement,and consequences when determining the amount of statutory compensation.However,there are no further explanations and explanations regarding the proportion of these plot factors,how to judge in different regions,and how to determine the nature of the tort.This has led to excessive discretion of judges,and the amount of money varies greatly from case to case.Therefore,how to select the factors affecting the amount of statutory compensation and establish a scientific and reasonable calculation standard for the amount of statutory compensation based on these factors has become an urgent problem in the improvement of the copyright statutory compensation system.This article takes 2604 copyright statutory compensation judgments of the court of first instance from 2010 to2019 as the research object,uses SPSS software,and uses multiple linear regression to construct a regression model of the factors affecting the statutory compensation amount,and studies the judge’s discretionary factors and other factors to the copyright statutory compensation amount Impact.Regression analysis shows that only the computer type,the party’s claim amount P value is less than 0.05,and the party’s claim amount is the most influential.In short,the court did not fully consider the role of various factors in the judgment,mainly based on the party’s The judgment on the amount of the appeal is too subjective.Therefore,based on the results of regression analysis combined with theory and practice,this article uses the base method to calculate the quantifiable factors,and introduces a value evaluation system to evaluate the value of the work,and at the same time clarifies the factors that should be distinguished one by one.And design a corresponding formula,put forward a set of more reasonable calculation standards for the amount of statutory compensation,in order to facilitate the calculation of the amount of statutory compensation.