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准确认定版权损害赔偿数额是我国司法实务面对的难题。“实际损失”作为确定赔偿数额的基本方法,却因难以证明而被束之高阁。本文旨在通过梳理美国运用利润损失、假想许可费损失等理论确定原告实际损失的若干判例,希冀为我国运用“实际损失”方式计算赔偿数额提供思路。
Accurately determine the amount of copyright damage compensation is the judicial problems facing our country. “Actual Losses ” as the basic method of determining the amount of compensation, but because of the hard to prove was shelved. The purpose of this paper is to sort out some examples of the plaintiffs’ actual losses by combing the theories of profit loss and hypothetical licensing fee in the United States, and hope to provide some ideas for how to calculate the amount of compensation by using “actual loss” method.