ABSTRACT
Copyright compensation is a special civil remedy for copyright infringements and the unlawful use of copyright according to Finnish copyright legislation. Its purpose is to ensure compensation to the rightholder in situations where the infringement is evident, but proving the harm or loss is difficult. Copyright compensation aims to prevent the unlawful and infringing use of copyrighted material. This article studies which purposes may be pursued with copyright compensation and which criteria must be fulfilled in this pursuit. The article focuses on studying the level of prevention, which may be pursued with a remedy without it becoming a punishment. The article points out that case law has started to emphasize the preventive function of copyright compensation. Due to this, the remedy (ie copyright compensation) has taken on punitive elements, which, according to the Finnish legal system, are prohibited to be given as civil remedies. This jeopardizes foreseeability of the use of law and the protection of the defendant’s legitimate rights. The article suggests that the protection of the legitimate rights of the defendant should be better ensured in imposing copyright compensation, and that strong prevention should be pursued with other measures.
Laura Tammenlehto, Copyright Compensation in the Finnish Sanctioning System – A Remedy for Ungained Benefit or an Unjustified Punishment?, IIC – International Review of Intellectual Property and Competition Law (27 June 2022)
First posted 2022-07-02 10:00:26
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