Legislative Confirmation Of Compensation Of Network Copyright Infringement

As the rapid development of the Internet, the infringement of network copyright happens frequently because of its low cost, especially in the software, audiovisual and publishing field.The copyright holders are not willing to take actions on safeguarding their legal rights due to the difficulty of finding out the infringement action,high cost of safeguarding their legal rights, tedious lawsuit process, and the low fine penalty, etc., which furtherance the appearance of fluke minds of the infringers, therefore, the appearance of the infringements.Establishing and improving the protection system of Internet copyright, especially improving the infringement compensation system of Internet copyright, provide a strong legal basis for the judicial practice to successfully solve the dispute on Internet copyright infringement.The real meaning of the right should be expressed as the relief degree obtained after being violated, so the infringement compensation system of Internet copyright should be regarded as the core content of the legal system for the protection of network copyright. In current situation, to resolve the network copyright infringement behavior and also to improve the legal system of China's copyright protection, it seems extremely important and necessary to study and analyze the major issues in detail and depth, for example, the confirmation,principle,and the penalty of compensation. In fact, from the major cases in this field, it is easy to find compensatory damages are the prime reason. As a result, the author suggests to learn from international issues and advanced legislative and judicial experience, considering the domestic legal environment, and build a punitive damage system with stringent application conditions based on the current compensation system frame; meanwhile, maintain the balance of the benefits of the copyright holders, information spreaders, and the public, by perfecting the reasonable usage of the copyright system on the legislation prospective, and improving the preservation of electronic evidence and related supporting measures on the judicature prospective.