Study On Discretion Damages Of Copyringhe Infringment

With the development of the times,people’s awareness of intellectual property rights is gradually strengthened.At present,there is a phenomenon of abuse of statutory compensation when determining the amount of compensation for copyright infringement.In order to change this phenomenon,the discretionary compensation for copyright infringement comes into being.It encourages the parties to actively provide evidence to prove the actual loss or the specific amount of the infringer’s infringement profit,so as to improve the applicable proportion of the traditional way of compensation for copyright infringement,which is the objective of determining the calculation of compensation for copyright infringement and the product of the balance between the standard and the judge’s discretion.In judicial practice,the application of discretionary compensation for copyright infringement has been publicized through the spirit of the speech of the Supreme Court,typical cases and the guidance of the local court.However,through the research on the discretionary compensation method of copyright infringement,it is found that as a new calculation method,its scope of application,application method and consideration factors are in the exploratory stage,and have not been widely used in judicial practice,so it is of far-reaching significance to carry out judicial research on it.This paper aims to clarify the nature of discretionary compensation for copyright infringement,clarify the relationship with statutory compensation and punitive compensation,avoid confusion with punitive compensation in practical operation through case comparison,and explain the significance of discretionary compensation for copyright infringement.Through analyzing the existing problems of typical cases and the current situation of use,this paper aims to improve the research of discretionary compensation for copyright infringement,Starting from the quantitative factors,we should lay a solid foundation for its application.Through the improvement of the burden of proof and the openness of the judge’s evaluation of evidence,we can establish perfect application rules of discretionary compensation for copyright infringement.