Law Research On Compensation For Damage Of Network Copyright Infringement

In recent years, with the development of network technology and the spread of information all over the world, almost all of the works, whether they are text or audio, static or dynamic, can be widely circulated in digital forms in the network. Works can be copied more conveniently and rapidly with lower cost and higher quality with the emerging digital technology, and the digital works can be easily copied, adapted, interpreted directly without authorized permission. Thus, the network copyright infringement becomes more frequent and complex and difficult to capture. And then, a conflict of interest among the copyright holder, the disseminators and the community has been becoming increasingly sharp. With the works generated by the network to be digital, paperless and the networking and informationization of the spread of the works, such network copyright, based on the network, performs a new concept of copyright. It has brought a tremendous impact on the traditional copyright protection system, and presented new challenges. That how to promote the improvement of the network copyright protection system, and provide strong legislative authority to satisfactorily solve the dispute on network copyright infringement in judicial practice by establishing and improving China's Internet copyright infringement damages system, has become a new topic that need in-depth study and exploration for scholars and practitioners.Internet copyright infringement damages are considered as a focus of copyright protection system, however, China's current research on it is still very inadequate, theory inadequately prepared and interrelated legislation does not follow up appropriately. For some time, although some domestic scholars have gradually become aware of the outstanding issues of network copyright infringement and compensation, they have done relevant investigation and theoretical research, from the perspectives of the identification, the principles, the scope and computing standards of network copyright infringement damages, the moral rights damages of copyright holders and the application of the law of compensation for internet copyright infringement damages, and obtained relevant theoretical results. But overall, the research they have done lacks a deep reflection on the question of damages in the context of network concepts, and there are still some disputes, such as the dispute over the principle of attribution, compensatory and punitive nature about the identification of the network copyright infringement damages, as well as whether to support the principle of compensation for moral damage, and so on and so forth, yet to be perfect. Under the current situation, it seems extremely important, necessary and urgent to study and analyze, in detail and in depth, these significant disputes over the principle of compensation about the system of network copyright infringement damages, the determination of the amount of damages, as well as compensation for moral damage, combining with Chinese national conditions and the rule of law, on the basis of fully absorbing and drawing lessons from foreign advanced legislative experience about internet copyright infringement damages, to explore our relevant legislation about internet copyright infringement damages, and build our system of network copyright infringement damages rationally and scientifically, effectively to guarantee the copyright owner's rights and interests, and protect a tripartite balance of interests of copyright holders, disseminators and the community. This thesis covers five chapters for discussion. Chapter One is the introduction, explaining the basic problems of network copyright infringement damages, research summary, research meaning and value. Chapter Two are the in-depth analysis on the basis of the theoretical value of network copyright infringement damages. In Chapter Three, several major controversial theoretical issues of network copyright infringement damages are analyzed, such as analysis, study and discussion focused on the determination of the network copyright infringement damages, the principle of the amount of damages, as well as compensation for moral damage. Chapter Four is the correlative legislation investigation on network copyright infringement damages overseas. Chapter Five presents the entire wording proposing correlative legislation about Chinese system on network copyright infringement damages, to achieve a positive reference and facilitating role in a useful complement to Chinese protection system of Internet copyright, an effective and satisfactory solution to network copyright infringement case in the judicial practice, the formation of the health law order in cyberspace.