Damages For Copyright Infringement

Comparing with other forms of property, the problem about damages for copyright infringement has triggered more disputes both in academy and in judicial practice. The research on it has a very important significance to the civil jury, and plays a key role in protecting copyrights.The article presents the reality about copyright infringement in China, and analyzes the legislative provisions of compensation for copyright infringement. The paper will introduce the scope of damages from the aspects of direct loss, indirect loss and related costs. The related costs include reasonable costs and legal fees. The paper holds that we should adhere to the principle of full compensation, and the related costs should be included in the scope of infringement damages.Which method should be selected in the calculation to determine the amount of damages and how to apply it has always been controversial. Even if one specific method has been chosen, there still exists a problem about how to use it in the practice of trial. The paper will research on the actual loss of the copyright owner and the methods of determining the illegal profits and the application of the assessment.The paper will explain the necessity of statutory compensation in the calculation of copyright damages and how to solve the problems that occurred; then will make some suggestion on how to overcome them in practice. The paper reckons that the right whether to choose statutory compensation should divert from the court to the copyright holders. The paper holds that punitive statutory compensation should be applied in some conditions.The problem of copyright infringement damages has always been a puzzle in practice. To study the problem has a great significance to the promotion of science and culture. The article will make some suggestions for the development of legislative and judicial status of China.