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Zhang Guangliang: Statutory Damages for Copyright Infringement in China: ¡±Alienation¡± and ¡° Redemption¡±

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Abstract

Due to the misunderstanding of the original objectives and functions of statutory damages for copyright, the statutory damages system employed in China has seriously deviated from its original function, having the following manifestations: the ceilings of statutory damages have been raised constantly; intended as the last resort in the awarding of damages, statutory damages have become the first and primary mode and been applied in the vast majority of cases; and statutory damages have assumed functions that such should not have, such as punishing infringers and deterring infringement. By adopting a rule for exhaustion of the methods for computing damages based on the actual losses of right holders, the illegal profits of the infringers, or by reference to the royalty rate or the market value of the copyright work, the statutory damage system of China should be redesigned through the following: statutory damages should only be awarded when requested by the right holders; the burden of proof of the right holders should be lessened or even exempted under certain circumstances; and elements considered by the courts in awarding statutory damages should be specified.

Keyword: Statutory Damages; Damages ; Remedies ; Copyright infringement

From: Journal of the Copyright Society of the USA 2016(4)

Edited by: Han Dongsheng

 
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