The Study Of Copyright Infringement And Compensation Standard

The copyright of the21st century not only with a wide range of creators, right holder, also have a very wide range of users (here refers to the terminal consumers). A book, a movie not only the copyright bring people enjoy the pleasure of spirit, and also for the publisher, studios and intermediary interest group bring huge profits. But the problems facing the copyright field is the copyright infringement case number of high level, and presents the fast growth the tendency, and only2010years for, the local court of the intellectual property rights and conclude the new civil trial of cases and41718pieces of42931pieces, a year-on-year growth of40.18%and36.74%respectively, among them, the copyright case24719pieces, a61.54%increase from the previous year; This worthy of discussion is our country of copyright infringement and determine the compensation amount based on the standard. All these studies help to solve the cases of infringement of science.This article through the following four parts in the copyright infringement and compensation standard questions:The first part, is China’s copyright rights to content and the copyright infringement problems are introduced and discussed. First introduced the at present in our country under the protection of the copyright right content, help to abuse of judgement. Secondly, the paper introduces and copyright infringement cases in China was summarized the situation, for the cause of the infringement of copyright is discussed. Next, analyzed and discussed the right infringement responsibility imputation presumption of fault liability principle and in our country under the copyright infringement liability constituents. Finally, it is pointed out that China’s current copyright law in the copyright infringement compensation provisions in the insufficient.The second part, is of three kinds of copyright infringement compensation principle introduction and discussion. Firstly introduces the copyright infringement compensation-the highest principles of comprehensive compensation principle, the overall compensation principle analysis and to punish socialist theory and compensation socialist theory is discussed. Next, is to legal compensation principle of analysis and discussion, points out the advantages and disadvantages of legal compensation to find a reasonable legal provisions for compensation. Finally, it is the mental damage compensation restrictions introduced the principle and the theory of limit analysis is discussed.The third part, is about the copyright infringement compensation standard analysis to determine. First of all, is the amount of infringing the calculation method of selective analysis is discussed. Next, the tort compensation to the calculation method of introduced one, respectively, including:to determine the holder of the actual loss compensation to the infringer illegal income determine compensation, to determine the compensation legal compensation, and finally to determine the compensation licensing fees.The fourth part, is this is in this paper to a summary and the future copyright research expected to do that.