Research On Punitive Damages System In Copyright Law

Copyright is intangible and vulnerable. Both culture and technology industries, which are closely related to copyrights, are under the pressure of serious infringement. China’s Copyright Law insists on the principle of indemnity. As a result, infringers will probably face with the responsibility to fill copyright owners’ losses. However, the principle of indemnity is powerless when confronting serious infringement on copyrights, which will harm not only copyrights but also public interests, bringing a passive influence on the orderliness and health of our nation’s economy. The paper starts with the conception of punitive damages in copyright law, tries to clarify its intension and extension, reveals its characters and functions, and discusses legitimacy basis of bringing punitive damages into copyright law from theoretical and practical prospectives. Besides, the paper introduces other nations and districts’ legislative and judicial situations, aiming at providing us some beneficial references and examples. Last but not least, the paper proposes a rational and systematic structure of punitive damages in copyright law, including the basic principle, scope of application, conditions of application, subjects and calculation of the amount of punitive damages.Chapter 1 gives a brief introduction to punitive damages in copyright law, which includes its conception, intension and extension, characters and functions. It is helpful to build up the target and value orientation of punitive damages system.Chapter 2 analyzes the legitimacy basis of punitive damages in copyright law both theoretically and practically. Retribution theory, justice theory and cost-benefit theory may contribute to a better understanding and explanation. In addition, there exists reality basis for bringing punitive damages into copyright law, such as the disadvantages of copyright itself, rapid changes of infringement, and the defects of current compensatory damages.Chapter 3 introduces other nations and districts’ practical situations on punitive damages in copyright law according to their laws, regulations, rules and cases, which shows us a relative history and development.Chapter 4 aims at providing feasible and accessible suggestions for establishing our punitive damages system in copyright law. Therefore, it proposes the basic principle, scope of application, conditions of application, subjects and calculation of the amount of punitive damages.