Copyright Compensation in the Finnish Sanctioning System – A Remedy for Ungained Benefit or an Unjustified Punishment?

Abstract Copyright compensation is a special civil remedy for copyright infringements and the unlawful use of according to Finnish legislation. Its purpose ensure rightholder in situations where infringement evident, but proving harm or loss difficult. aims prevent infringing copyrighted material. This article studies which purposes may be pursued with criteria must fulfilled this pursuit. The focuses on studying level prevention, without it becoming punishment. points out that case law has started emphasize preventive function compensation. Due this, (i.e. compensation) taken punitive elements, which, legal system, are prohibited given as remedies. jeopardizes foreseeability protection defendant’s legitimate rights. suggests rights defendant should better ensured imposing compensation, strong prevention other measures.