Calculation Method Of Illegal Income In Copyright Law

This paper focuses on the calculation of illegal income in copyright law,and puts forward the dualistic calculation method of illegal income.This paper compares copyright and administrative law for the first time,including the relevant provisions of administrative punishment,the written decision on administrative punishment of copyright,the civil system and the cases of compensation for copyright infringement,and then draws the conclusion that they have the same connotation and are the combination of behavior,causality and result,but they have different performances.Through the analysis of copyright infringement cases and the further comparison of American cases,this paper holds that the causal analysis method should be adopted,and the cost and benefit should be better divided by distinguishing the existence of causal relationship and the direct and indirect causality.Through the analysis of the case,we know that both the compensation for copyright infringement damage and the administrative penalty should be deducted from the cost.The same point is that both the benefits without causality need to be deducted,but the difference is that the compensation for copyright infringement damage needs to be deducted from the indirect cost,and the determination of the amount of copyright administrative penalty does not need to be deducted.Through these two calculations,the effect of compensation for copyright infringement damage can be achieved,and the effect of administrative law enforcement and punishment of copyright can be achieved.Finally,I analyze the operating profit and sales profit mentioned in some refereeing guidelines currently stipulated in our country.Their essence cannot cover the theory of causality in legal concepts,nor can they coexist within the framework of this analysis,so they are not considered.Finally,it is concluded that the calculation formula of civil compensation is formula 1: "total benefit-benefit without causality-indirect cost",and the calculation formula of illegal income from administrative punishment is formula 2: "total benefit-benefit without causality".In addition,this paper fails to solve the problem of calculating the benefit without causality,and throws this small problem to the judge,and judges it through the judge’s free judgment to get a fair amount of illegal income.