Review And Reconstruction Of The Judicial Concept Of Copyright Damages

The research on the issue of copyright damage compensation is mostly the study and elaboration of the specific content of the copyright system.There are few issues that focus on the application of judicial concepts in the determination of copyright damages.The judicial concept of damage compensation runs through the whole process of the trial of copyright infringement cases.It guides the adjudication of cases and the determination of damages.It is the specific construction of the copyright damage compensation system and the establishment of detailed rules.Therefore,a systematic discussion on the judicial concept of copyright damage compensation is of great significance to the improvement of the copyright system.Through empirical analysis,it is found that the principle of full compensation,as the core judicial concept of the copyright damage compensation system,has certain limitations in its application in judicial practice.The specific manifestations are: the lack of compensation function,it is difficult to fill the loss of the right holder;the lack of normative function,it is difficult Reflect the market value of rights;lack of guidance function,abuse of judicial discretion.As for the limitations of the principle of full compensation,the advantages of the principle of market value and the principle of proportionality can effectively make up for.The principle of market value starts from the commodity attributes of copyright,proposes that judicial pricing should be guided by market value,and emphasizes that the market value of rights should be reflected in the determination of copyright damages.The normative purpose of the principle of proportionality maintains the balance between the application of judicial power and the protection of private law,and emphasizes the restraint of judicial discretion in the determination of copyright damage.Therefore,on the basis of adhering to the core position of the principle of full compensation,the principle of market value and proportionality should also be added to the judicial concept of copyright damage compensation,and then a theory with the principle of comprehensive compensation as the core and the principle of market value and proportionality as an important supplement should be constructed.system.First,define the scope of copyright damage compensation under the guidance of the principle of full compensation;secondly,apply the principle of market value to evaluate the market value of rights in a market transaction environment,and finally apply the principle of proportionality to restrict judicial discretion.Only by building a judicial system of copyright damage compensation with the "three principles" as the core content,can it be better able to help solve the problem of copyright damage compensation.