Theoretical Review and Amount Determination of Compensation for Infringement Damage of Digital Collectibles——Reflection on the judgment of copyright infringement of digital collectibles
While digital collectibles rely on NFT technology to open up new transaction models,it has also caused controversy over the application of copyright law.The theoretical proposition of applying distribution rights lacks interpretive legitimacy and legislative necessity,and the standardization of compensation for damages lacks empirical legal support.The compensation for infringement damages of digital collectibles is not only difficult to determine the actual losses of general make available rights infringement damages,but also complicated by new technologies,new markets,and industrial trends.The theoretical basis should be based on the loss of market trading opportunities,and the actual or simulated copyright licensing fees should be determined in the digital collectibles market environment.Then,the particularity of digital collectibles infringement behavior should be fully considered,and factors such as the scope of infringement,infringement period,click through rate,browsing volume,selling price and quantity,as well as resale frequency and price should be considered on a case by case basis.The amount of compensation for infringement damages should be fairly calculated to protect the legitimate rights and interests of copyright owners,and promote the prosperity of the digital collectibles trading market.
digital collectiblesCompensation for damagesdistribution rightsmake available rightsCopyright licensing fees
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