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21st Century Copyright Law 101: Compensation for Damage Caused by Copyright Infringement


Thanks to the boom of the internet era and the rapid development of digital technology, literary and artistic works are known worldwide. At the same time, creative works increase in terms of quantity and quality, raising concerns about copyright protection worldwide. While applicable copyright laws are strictly governed by national legislation and international treaties, many questions still arise about protecting the works, especially on digital platforms. Therefore, the 21st Century Copyright Law 101 series aims to summarise some of the introductory provisions of international copyright law and then analyse specific aspects of protecting works under copyright law, thus trying to answer about copyright protection in both traditional and digital markets.

This series is divided into the following chapters:

  1. 21st Century Copyright Law 101: What is Copyright Law?

  2. 21st Century Copyright Law 101: Works are Protected under Copyright Law

  3. 21st Century Copyright Law 101: Copyright and AI-Generated Artwork

  4. 21st Century Copyright Law 101: How to Protect Works under Copyright Law?

  5. 21st Century Copyright Law 101: Copyright Infringement in Cyberspace

  6. 21st Century Copyright Law 101: Compensation for Damage Caused by Copyright Infringement

  7. 21st Century Copyright Law 101: Responsibilities of Online-sharing Platform Operators in Copyright Protection

As mentioned in the previous chapters, copyright infringement is increasingly essential today. However, what is the appropriate compensation value based on copyright infringement, and what are the difficulties of the copyright holder when claiming this? This chapter will analyse these questions based on Vietnamese and European law.

Plaintiff’s Burden of Proof when Claiming Damages for Infringement of Copyright

Under the law of Vietnam or the European Union, the burden of proof always belongs to the petitioners. In a case for damages due to infringement of copyright, the plaintiff must prove at least two of the following: (i) they have the right to sue, which means that the petitioners must prove they are the lawful owners of the object of the lawsuit; and (ii) there is damage resulting from infringement of the copyright of the person being sued.

According to the Vietnamese Civil Procedure Code provisions, when filing a lawsuit, the petitioner must attach documents and evidence proving that their legitimate right and interests have been infringed (Article 189(5) of the Vietnamese Civil Procedure Code). Therefore, the plaintiffs must submit documents and evidence to show that their rights and interests have been violated and determine the defendant’s identity.