Research On Damage Claims Of Copyright Infringement Of We Media

Since the media is an important pioneering and breakthrough in the era of new media,people widely accept and recognize this form of media,which provides a more convenient channel for the transmission and renewal of social information.However,copyright infringements from media works are increasing day by day.Many infringees are unable to take effective measures against infringements and cannot obtain reasonable damages.Whether it is required to remove infringing links from the media platform operator,to bring damages to the court,and to negotiate with the infringer,it is difficult to achieve good rights protection.Based on this background,the thesis will study the copyright infringement of we-media works in China,aiming to analyze the damage compensation system and problems of copyright infringement in China.The paper mainly adopts methods such as literature data and case analysis,and compares and analyzes the problems of compensation for damages from copyright in copyright in the theoretical and practical judgments,especially the difficulties such as lower damages.On this basis,it puts forward corresponding suggestions for improvement.I hope that I can better protect the legitimate rights and interests of right holders and lay a good foundation for the development of the media.The full text is divided into five parts:The first part is the introduction.Analyze the research status at home and abroad,and put forward the important content of the research.The second part is the definition and feature analysis of we-media.The paper analyzes the types of copyright infringements in China from the media.The third part is the status of damage compensation system in China's copyright infringement.Through typical cases,we interpret the principle,scope,calculation method and the basic clause of damage compensation for copyright infringement in China;and analyze the main problems of damage compensation system in detail;the fourth part is to improve the proposal of damage compensation system for copyright infringement in China.The full text puts forward the conclusion:At present,China's damage compensation for media copyright infringement has problems such as lower compensation amount,simplification of compensation standard,difficulty in determining the actual loss of infringement,and blanking of targeted legislation on copyright infringement.In order to effectively solve these problems,we should improve the legal regulation system for copyright infringement of media works,construct an infringement damage evidence system that conforms to the characteristics of media,implement the inversion of the burden of proof of the actual amount of damage;construct a legal minimum damage compensation system,and formulate a hierarchical legal The minimum compensation system and increase the amount of compensation for mental damage;construct a punitive damages compensation system,establish the principle of punitive damages,and improve the punitive damages system;improve the copyright infringement relief mechanism for we-media works.