| The compensation for copyright profit loss does not create an independent compensation liability. All the profits of the infringer earned that are attributable to the infringement just equals to the amount of damage suffered by the copyright holder. Compared to the traditional compensation for tort, the special feature of the compensation for copyright profit loss is its calculation method. The traditional method is to assume that the right holder didn't suffer any loss, while the calculation method for the compensation for copyright profit loss is to assume that the copyright owner can utilize his work and earn the same profits as the infringer's. That is, the law assumes that the copyright holder either implements every act in the chain of distribution personally, or authorizes others to exercise part or all of distributions by the licensing contract. When determining whether the compensation is excessive or not, we should judge from the perspective of the damage or loss the right holder has suffered and not from the remuneration the copyright owner can obtain when work is used legally. Although according to the general principle of the exhaustion of distribution right, the copyright holder can only request the first distributor in the chain of legal distribution to pay for remuneration, the compensation made by the first distributor cannot lead to the exhaustion of all the other rights in the chain of illegal distribution. The right holder may also ask other infringers to pay back their benefits earned from their infringement. When calculating the amount of compensation for copyright profit loss, the subsequent infringer's compensation cannot be deducted, otherwise, the claimant cannot recover all the loss suffered. |
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