On The Right To Compensation For Damages

This thesis systematically discusses the damages for copyright infringement. It is divided into five sections. Section I mainly discusses the legal nature of damages. After analyzing the advantages and disadvantages of the compensatory damages and the punitive damages, the author tenders the opinion about this issue that damages for copyright infringement have both the two sides while the former is dominant and the latter is secondary. Section II mainly speaks of principles of damages. The principle of full compensation is the basic one among the four. Section III talks about the extent of damages for copyright infringement. It also discusses how to ascertain the sum of the damages. Because the copyright is both personal right and property right, the sum of damages should comprise of damages of the infringement of the property and damages of the spiritual injury. The forth section discusses the copyright infringement proceedings. The limitation of actions, the computations of the beginning of limitation and the burden of proof are mainly discussed in this part. The last section talks about the damages for copyright infringement concerning the internet.