Abstract:
While the digital music is in its boom years, the number of digital music copyright infringement cases is comparatively low. The reason lies in the anomie of statutory compensation when suing against copyright infringement. The judges may return different verdicts for the same kind of cases or make random compensation adjudication. Due to improper understanding of the nature of statutory compensation, the application of statutory compensation is not well applied. The statutory compensation only applies in the field of intellectual property infringement by referring to the discretionary system for the amount of damages in civil lawsuits. The statutory compensation should be based on the principle of complete compensation, taking the actual loss of the right holder as norm when the compensation for intellectual property infringement damage cannot be applied. Due to the public interest of intellectual property rights infringement, when the digital music copyright owner is unable to provide evidence on his own to form a highly probabilistic proof of the actual loss, the judge should obtain relevant evidence to determine the actual loss of the right holder, taking this as a pre-procedure for the judge to determine the amount of compensation. The judge shall obtain relevant evidence in the order of the actual loss of the right holder, the illegal income of the infringer, and the cost of using the right. If it is still unable to form a highly probabilistic proof of the actual loss of the right holder, the judge will investigate the actual network transmission frequency of the infringement, and comprehensively consider factors such as the method of infringement, including but not limited to factors such as the actual evidence provided by the parties, the method of infringement, etc., in different compensations, so as to determine the compensation amount.