Research On Punitive Damages System Of Copyright Infringement Based On Game Analysis

In the face of the the phenomenon of copyright infringement,the defects of the current compensatory compensation principle are becoming more and more prominent.The loss of the right holder can not be effectively compensated,the amount of compensation paid by the infringer is inadequate,and the law has little effect in the field of infringement.In order to effectively purge the current situation of non-optimistic infringement in the field of culture and technology,to provide a good market circulation order,to safeguard the legitimate rights and interests of copyright owners,to balance the interests of the public,and thus to promote socialist spiritual civilization.It is urgent and necessary to introduce punitive damages into copyright Law.In the environment of rapid economic development and repeated prohibition of infringement,the start of the third revision of copyright law is of great significance,and the punitive damages system,which is one of the key points of revision,has attracted more and more attention.This paper starts with the concept of punitive damages for copyright infringement,and on the basis of studying its functional nature and existing problems,constructs the relevant subject model by using game theory to carry on the concrete discussion.First of all,in order to understand the current research trends and hot spots,this paper analyzes the judicial practice and research results of punitive damages system for copyright infringement at home and abroad.Secondly,it expounds in detail the relevant design of the current punitive damages system of copyright infringement in the current draft submission for examination,analyzes one by one,and probes into the applicable conditions,function realization and amount problems existing in it.Furthermore,aiming at the existing defects and shortcomings of the above system design,using game theory tools to construct the relevant subject model of copyright,it is concluded that blindly increasing the amount of punitive damages for copyright infringement can not of course curb the phenomenon of infringement.Finally,combined with the judicial practice of some regions and countries,as well as the conclusion of game analysis in this paper,it is put forward that in the concrete application of the punitive damages system of copyright infringement,we should regard "intentional" as a necessary condition,delete the limitation of "more than two times" and exclude "statutory damages" from the determination of the amount of punitive damages for copyright infringement,and adjust the penalty multiple as the perfect suggestion of the "one to three times".Using game theory to study the system of punitive damages for copyright infringement and to discuss and analyze its construction principles,applicable conditions,functions,calculation rules and so on,in order to seek the appropriate balance point between the overall interests of society and the interests of individuals.On this basis,the study on the legal construction of copyright can provide effective suggestions for the comprehensive,scientific and reasonable establishment of the system of punitive damages of copyright,and be beneficial to the socialist spiritual civilization.The creation and dissemination of material civilization works provide a good market environment,and also contribute to the legislative cause of our country.