| Copyright is the exclusive right which is owned by the copyright owner. It is regarded as the copyright owner and the public reach a contract. The copyright holder may arrange his direct use and the income. When the term of contract has expired, the works enter the public domain expediently. Copyright infringement will often cause the copyright holder benefit losses. However, this does not mean that copyright holders must be able to receive compensation. Only meeting the Essential Elements of tort liability, the behavior need undertake the civil liability. Liability is a legal evaluation of the principle that the infringer should undertake the responsibility. The principle of presumption of fault is that constructive fault exists, allowing the infringer to prove no fault of exemption. It incorporates the principle of fault liability and strict liability principle advantages. Elements of copyright infringement liability include fault, offense, damages and cause. Damages mean the loss of interests of copyright holders. Copyright holders have subjective and objective interests. On the basis of objective interests, the subjective interests of copyrights holders are determined. At the same time, personal rights have been violated and should receive compensation.Copyright infringement liability mainly performances for damage compensation. The amount of compensation should be determined to follow certain principles. The most important is the principle of full compensation that is sufficient to meet the loss of copyright. Compensation for the copyright holder is the amount of actual loss. Fixed principle of compensation is based on infringement cases to determine the amount of compensation. Fixed compensation principle is the principle of full compensation for the supplementary. However, the liability should be limited. If the copyright holder creates the damage themselves, or expands the losses, the liability of infringer should be exempted or reduced. Copyright holders for infringement by the benefits achieved should be deducted. The purpose of damages is soothing emotional distress of the copyright holder.Reference should be followed by the loss of four criteria to determine. First, the actual loss of copyright holder can be identified. Second, the illegal profits of the infringer is presumed to be the loss of the copyright holder. Third, the licensing objective reward is presumed to pay the copyright holder. Finally, the parties can ask the court to apply the fixed compensation to reduce the burden of proof. The loss of profits of the copyright holder should be firstly satisfied. Losses of profits include the direct loss for sale declines and increased costs and expected loss of profits for that licensing contract can not be performed. If the copyright holder can not determine the amount of sales decline, sales of infringing products can be presumed as the decreased amount. In order to stop the infringement, reasonable costs that the copyright holder pays should be compensated. In addition, the amount of compensation should also include mental injury solatium which is based on factors of the copyright holder, the infringer and objective situation. |
