在“互联网+”的大背景下,必然引发互联网行业与其他传统行业之间的融合,由此导致不同产业发展的利益诉求冲突。当法定赔偿逐渐成为网络影视侵权案件中主要的判赔方式时,明确一个有规可循的裁判标准,对于促进包括互联网在内的各产业的均衡发展、平衡各种利益诉求有着极其重要的意义。首先,法定赔偿是一种补充性赔偿,应当遵循填平原则,不应参考惩罚性因素;其次,规范法定赔偿,应当遵循传统民法损害赔偿理论,能够被社会广泛接受;再次,建立法定赔偿的客观性规则,包括对直接损失进行合理性审查,以及对间接损失也即可得利益损失进行确定性和可预见性判断,从而避免个人主观因素的过度干扰。 Under the background of “Internet + ”, it inevitably leads to the convergence between Internet industry and other traditional industries, which leads to conflicting interest demands of different industries. When the statutory compensation has gradually become the major way of judgment in the infringement cases of online video and television, it is very important to define a regulatory standard to be followed in order to balance the development of various industries including the Internet and balance various interest demands . First of all, the statutory compensation is a kind of supplementary compensation, it should follow the principle of filling, should not refer to the punitive factors; Second, to regulate the statutory compensation, should follow the traditional civil law damage compensation theory, can be widely accepted by the community; Third, the establishment of statutory compensation Objectivity rules, including a reasonable review of direct losses, as well as deterministic and predictable judgments of indirect losses, that is, the loss of profits, avoid excessive interference by subjective personalities.