Research On Compensation For Copyright Infringement Damage

the compensation system of copyright infringement damage is an important part of the copyright system of our country.It has the important function of restraining infringement,protecting the legitimate rights and interests of the obligee and promoting the development of copyright,but the problems existing in practice affect its exertion.The third revision of the Copyright Law has greatly revised the system of damages for copyright infringement,and introduced new methods of damages and rules of evidence on the basis of modifying the original methods of damages,but the old problems have been solved at the same time.Such as how to play its function and what basic principles guide the perfect damage compensation system,how to locate the specific methods of damage compensation in legislation,and how to apply them in practice.Whether the new rule of proof obstruction can cooperate with the specific method of damage compensation should be paid attention to and discussed in depth.Therefore,this paper based on literature review and research to form a topic,put forward questions,based on the review of China’s copyright infringement damage compensation system function,principles and determination of the way,empirical research and extraterritorial investigation of relevant legal systems,In order to further improve the copyright infringement compensation system path,the final conclusion,in order to be beneficial to the solution of copyright infringement damage compensation,enrich copyright infringement compensation theory,promote copyright protection and development.This paper includes introduction and conclusion,which is divided into six parts.The first part,introduction.First of all,this paper briefly introduces the background and significance of the research on copyright infringement compensation system,and then summarizes the existing research results,grasps the relevant research trends,and finds out the direction and breakthrough point that can be further studied.Finally,this paper introduces the research ideas and main innovations.This part is prepared for the analysis and research of this paper.The second part summarizes our country copyright infringement damage compensation system one is clear our country copyright infringement damage compensation system function,the second is clear our country copyright infringement damage compensation should abide by the basic principle;Third,to understand the determination of copyright infringement damages in China.This part is the cornerstone of the later analysis and research.The third part,the empirical study of China’s copyright infringement damage compensation system applicable.Firstly,the selection method and result of the data sample are introduced;secondly,the data sample is analyzed from many angles to sum up the general situation and existing problems of the application of copyright infringement compensation system;finally,the reasons for the application of copyright infringement compensation system are analyzed from the aspects of theory,system and practice.This part provides the realistic basis for the later analysis and perfection of China’s copyright infringement compensation system.The fourth part,examines the extraterritorial copyright infringement damage compensation system.By examining the system of compensation for copyright infringement damages in the common law countries represented by the United States and the United Kingdom,the Mainland law countries(regions) represented by Germany and Japan,the Hong Kong China,and the Taiwan China.this paper provides a reference for perfecting the compensation system for copyright infringement damages in China.The fifth part discusses the way to perfect the compensation system of copyright infringement in China.This paper explores and perfects China’s copyright infringement compensation system from the perspectives of complete theory system,refinement of determination method,optimization of evidence rules and attention to judicial details.The sixth part,the conclusion of the full text.With the development of society,the progress of science and technology,the accumulation of people’s material wealth,the continuous improvement of cultural quality,the increasing awareness of the rule of law,the tolerance to copyright infringement will also change,and the copyright damage compensation system will be adjusted.