Research On Information Network Transmission Right Infringement Damages

The rise of online video sharing site, greatly enrich people’s spiritual and cultural life. Therefore, there have been many cases of unauthorized network users will be others copyrighted television dramas compressed uploaded to video sharing website for public specified in their personal time and place to enjoy or download. Such behavior makes a huge investment of copyright and related rights holders pay hard be rewarded, but also to the interests of right holders caused significant damage. To make up for their losses, the right people are beginning to protect their legitimate interests by means of litigation. However, due to network users direct infringement of personal identity is often difficult to distinguish, not as good as the company’s strong financial resources and, therefore, the video site and other infringing the rights of people who often become the object of the claim. China’s "Information Network Transmission Right Protection Ordinance" clearly provides indirect infringement network dissemination of information and the corresponding tort liability. Jurisprudence more people have begun to support the rights infringement complaint filed by the current practice and theory of direct infringement and indirect infringement of more mature, Video site has a clear need to know indirect infringement liability while also repeatedly why not stop infringement? Although China’s "Copyright Law" provides a system of compensation for copyright infringement, but because of the special nature of the network, the right people find it difficult to prove their losses, Infringer is difficult to prove their true earnings, while the maximum statutory damages in the amount of compensation is only500,000, all kinds of them, making the country the situation is still very rampant online piracy, On the current problems, this paper will combine foreign law, in accordance with China’s national conditions, and improve the current legislation, adding punitive damages system; improve statutory compensation degree; gives judges discretion standard uniform of discretion.