Studies On Compensation For Damages Of Copyright

In all kinds of civil liabilities for infringement of copyright, damages have the widest application, and it is the most efficient method in balancing and protecting interests. It is also the key content in trial practices. Compensation for infringement of copyright involves so many problems, such as principle of damage, extent of compensation and computing of compensation for damages of copyright. This article is centered on damages for infringement of copyright and finally throws out suggestions to solve the problems that are existed in practice. This article is divided into five sections. Sectionâ… mainly discusses the legal nature of damages should be compensatory damages, and the scope of damages should be equivalent to that of the actual loss that the copyright owner suffers. Sectionâ…¡mainly speaks of the problems that are found in practice. Sectionâ…¢mainly talks about the computing method extraterritorial. And last section throw out some suggestions to solve those problems mentioned above:computing actual damages of copyright holder upon different situation; the copyright owner can get hypothetic fee when he never actually made sales in the market which the infringer occupies; the copyright owner can make an election regardless of the adequacy of the evidence provided as to actual damages suffered or the amount of the defendant's profit from the infringing conduct.