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【裁判要旨】在侵犯著作权案件中,判断原告是否尽到其为权利人的举证责任,应结合作品的特点和当事人举证的难易程度确定,依法减轻权利人的举证责任;判断被告是否有过错,应视其应尽何种注意义务,及行为时是否尽到了注意义务;在酌情确定赔偿数额时,应坚持全面赔偿原则,本着有利于著作权人的宗旨,实现著作权人诉讼利益的最大化。
The purpose of the referee In the case of copyright infringement, to determine whether the plaintiff to do his duty of proof as a right holder, should be combined with the characteristics of the work and the parties to determine the ease of proof, according to the law to reduce the burden of proof of right holders; to determine whether the defendant was wrong , It should be depending on what kind of attention should be paid to their obligations, and behavior is done to pay due attention to the obligation; discretion to determine the amount of compensation, should adhere to the principle of full compensation, in line with the purpose of copyright owners to achieve the interests of copyright owners to maximize .