An Empirical Study On The Amount Of Compensation For Infringement Of Information Network Dissemination Right

In recent years,as the Internet has become an important part of people’s life,information network dissemination right infringement dispute intensified,2021 for this new "copyright law of the People’s Republic of China" has greatly increased the cost of infringement and the statutory compensation limit.It also stipulates that if the infringement is serious,the punishment should be increased,and the punitive compensation system shall be applied to the tortfeasor,this further increases the penalties for infringement.In some way,whether the amount of compensation for copyright owners is reasonable or not can reflect whether the parties can achieve fairness and justice in substance and procedure.Therefore,it is very important to study the amount of damages for infringement of information network dissemination right,it is greatly important to develop the theory and judicial practice.Therefore,this paper collects and makes statistics on the judicial judgment of the case of damages for infringement of the right of information network dissemination.Through careful study of relevant judgments and extraction of relevant variables,we can use the qualitative and quantitative method of combining the study of the problem,to curb online piracy behavior,protect the lawful rights and interests of Internet copyright owners.Based on the information network dissemination right infringement cases from 2017 to2021,this paper explores the relationship between the amount demanded by the plaintiff,the subjective fault degree of the defendant,the duration of the infringement,the nature of the infringing website,the type of the infringing works,the clicks of the infringing works and the court determined the amount of damages.The regression results show that the amount of plaintiff’s claim,duration of infringement and other factors have a significant positive correlation with the amount of compensation awarded by the court.However,there is no significant correlation between the types of infringing works and the clicks of infringing works and the amount of compensation awarded by the court.In addition,there are still many problems in judicial practice in terms of compensation for infringement of information network dissemination right,such as legal compensation generalization,generally low compensation amounts,and common infringement phenomenon.The main reasons for these problems are high creative cost and low infringement cost,difficult to calculate the exact amount of compensation,high cost of rights protection and small amount of compensation.The copyright consciousness of broad netizen is not strong and the judge tried to avoid risk by improving the efficiency of the trial.For the above problems and reasons,we can perfect the infringement compensation system from the aspects of value evaluation standard,applicable premise and scope of statutory compensation,etc.Thus,in the real sense,the legitimate rights and interests of copyright owners of information network dissemination right are protected.