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【裁判要旨】在举证存在瑕疵的情况下,首先应根据法律的具体规定进行确认,坚持以法律为准绳的判断原则;其次应根据经验法则判断,坚持以事实为依据的处理原则。认定卡拉OK行业播放他人作品侵犯广播权还是表演权,则应从两种权利的定义和要件去分析。判决赔偿经济损失的根本目的在于制止侵权,使权利人得到合理的补偿,使侵权人得到应有的惩罚;同时,对于权利人主张的合理费用,应严格按照证据规则的规定,根据权利人提交的证据以及案件的实际情况进行综合判断,避免将不合理的费用也纳入侵权人的赔偿范围,影响裁判的公平与公正。
The purpose of the referee In the case of flawed evidence, first of all should be confirmed in accordance with the specific provisions of the law, adhere to the principle of judging the law; secondly, should be based on the rule of thumb to judge, adhere to the fact that the principle of treatment. Accrediting that the karaoke industry broadcasts others’ works to violate the rights of broadcasting or performance should be analyzed from the definitions and requirements of the two kinds of rights. The fundamental purpose of judging the economic loss is to stop the infringement so that the right holder can get the reasonable compensation so that the infringer can get the due punishment. At the same time, the reasonable cost advocated by the right holder should be strictly in accordance with the rules of evidence and submitted by the obligee The evidence as well as the actual situation of the case to make a comprehensive judgment and to avoid including unreasonable expenses into the compensation of the infringer and affecting the fairness and impartiality of the referees.