Study On The Amount Of Punitive Damages Of Copyright

Copyright punitive compensation is based on compensatory compensation,but it is difficult to determine compensatory compensation in the field of copyright compensation.The reason lies in the uncertainty of the amount of compensation for copyright damage.The absence of compensatory compensation makes the legal compensation with greater discretionary power dominant.How to break through the dilemma of the applicable base of punitive damages and coordinate the relationship between punitive damages and legal damages becomes a thorny problem whether to put copyright punitive damages into practice under the circumstances that legal damages are widely applied and their functions are alienated and cannot be used as the calculating base of punitive damages.In order to activate the calculation rules of compensatory compensation,the limitation of application order of compensatory compensation should be abolished.Grant compensatory damages discretion.Besides,through the adjustment of factors to consider,make statutory compensation return to compensatory compensation,so as to realize the respective roles of legal compensation and punitive compensation.Current judicial practice shows that there are significant problems in the process of multiple application,such as the confusion of subjective and objective factors and different emphases.Multiple application is the start button of punitive damages function.If the judge is given 1-5 times of discretion,but the legal provisions are relatively weak,it will inevitably make the amount determination face the dilemma of value balance.Whether punitive damages can be deducted from administrative fines or criminal fines caused by the same infringement is also an inevitable problem in the process of determining the amount of punitive damages.Case-by-case consideration of the application of refinement multiples;Introducing the principle of proportionality and clarifying the duty of detailed reasoning of judges;It allows administrative fine,criminal fine and punitive damages to be deducted and takes the infringer’s economic situation into consideration,so as to realize the value balance of copyright punitive damages and prevent the punitive damages from going too far.