Study On The Application Of The Copyright Punitive Compensation System

China has completed the construction of copyright punitive compensation system at the legislative level,aiming to solve the problems of too low infringement compensation and repeated infringement in China’s judicial practice.In the process of applying the punitive compensation system for copyright,we should not only follow the principle of modesty and appropriateness,so as to ensure the appropriateness of the punishment and punishment,but also clarify the relationship with the relevant system,and exclude the application process of legal compensation.The application of copyright punitive compensation mainly solves the two problems of whether applicable and how to apply.According to the legislative provisions,the applicable elements are divided into intentional elements and serious elements.The amount of punitive compensation should be determined by the base and multiple,and the base multiplied by the multiple should be taken as the amount of punitive compensation.However,the establishment of the punitive compensation system for copyright for a short time and the lack of judicial experience,the relevant legislation is insufficient and some regulations are vague,leading to the unclear significance in the application process of the applicable requirements,the unclear identification of the subjective and objective requirements,and the way of determining the amount of compensation is not unified.Based on the copyright infringement cases in China and the judicial interpretations and typical cases issued by the Supreme Court,the author explains the intent to include direct and indirect intent,including the infringement process,including the litigation.For how to specifically identify the subjective and objective requirements,the Supreme Court listed several specific circumstances,but left separate provisions.Through the analysis and induction of relevant cases,we can take the application for registration of others ’works and others’ works as the identification of subjective intention,and the prominent commercial use and criminal crime as the identification of serious circumstances.For the calculation of the amount of compensation,the base is calculated by actual loss,illegal gains and royalties,excluding the reasonable expenses and discretionary compensation.When the defendant refuses to execute the documents,the court,the court shall determine the multiple by multiplying the base by the multiple,combined with the judicial practice experience,the amount is punitive damages,and the compensatory compensation can get the total amount of compensation.