Copyright Infringement The Question Of Damages

In the copyright tort cases, compensation for loss is mostly widely used to protect the injured party. compensation for loss in copyright tort case is very complex because that the copyright object is intangible and easily copied and also because that the copyright is confided in special area and special time , and the copyright is easily be infringed and the tort is difficult to be tested。this paper has five parties to discuss compensation for loss of infringe copyright.The fist part is about the basic theory of compensation for loss. Compensation for loss is to compensate the loss of injured party when he has be damaged by others. The purpose of compensation is to make up the loss of the injured party and to stop this kind of act happen again. Compensation for loss includes compensation by property and compensation by non-property, and which also include direct compensation and indirect compensation.The second part is to define the concept of copyright tort, and to discuss the essential factor of liability of copyright tort,. Copyright tort is that copyright is infringed and loss has be made. The factor of liability includes damage, act, fault and the relation between act and damage. Somebody think that the copyright tort is non-fault liability but the author didn't think so because the liability of copyright tort didn't accord with the concept of non-fault liability.The third part is about the principles of compensation for loss in copyright tort. That is compensation for all loss, compensation for loss according by law, the court take the circumstance into consideration to decide the compensation and to restrict the compensation for mental distress.The fourth part is about the scope of compensation and the way to calculate the damage. The scope of compensation is the actual loss and includes property compensation and non-property compensation. The exact amount of compensation must be calculated according to the actual loss of the injured party and the illegal earning of the party who did wrong act or according by the law. The court would support compensation for mental distress when the tort is infringe the author's right of sign, the author's right of publish, the author's right of modify and the author's right to keep the integrality of his work. .the judge calculate the amount of compensation according to the plot ,the loss , the situation of the two parties and local economical situation . The reasonable cost such as the cost paid to lawyer and the cost paid to investigate also should be compensated.The fifth part is some propose to perfect compensation for loss of copyright tort. The propose is that to prefect the criterion of amount of compensation and the legal amount, another propose is that to built the institution of compensation for mental distress.