Research On Compensation For Copyright Infringement Damage

The study of compensation for damages caused by copyright infringement is of great significance to the development of the whole copyright related system.Firstly,for copyright owners,the study of this issue will help to resolve practical difficulties and stabilize their psychological expectations.Secondly,for infringers,the study of compensation for copyright damage will help to contain and prevent the occurrence of infringement to a certain extent.Finally,for the legislature and judicial organs,the study of compensation for copyright damages will help to improve copyright-related legislation,enhance judicial efficiency,and truly make the people feel "sense of fairness","sense of justice" and "sense of happiness".At present,there are many imperfections in our copyright related system,especially in the aspect of compensation for damages.In judicial practice,there are many problems in copyright damage compensation cases,such as the wide application of statutory compensation,the low actual amount of compensation and the large gap between the amount of compensation awarded by different regions.Therefore,in view of the painful points and difficult points in the legislative and judicial practice,the author collects and consults the relevant basic theories of copyright damage compensation,and adopts the empirical research method,taking the series of copyright infringement disputes of Huagai Creative Co.,Ltd.collected in the Fabao database of Peking University from 2015 to 2017 as the research object,through collecting the overall relevant data by the author.To analyze and find out the characteristics and common problems of such cases in judicial practice,and to study and analyze the reasons for their existence in the courts to improve the efficiency of trial;China's current understanding of the value of intellectual property rights is immature;the relevant legislative provisions are immature,such as the lack of uniform and refined standards for statutory compensation,and so on.Accordingly,improve the relevant system of copyright damage compensation from the following aspects: strengthening the understanding of the market value of intellectual property rights;establishing the principle of punitive damages;perfecting the specific compensation system,such as increasing the calculation of licensing fees,refinement and unification of statutory compensation standards;and improving the supporting judicial evidence system,with a view to revising legislation and judicature.Practice provides some reference.