Defect and Perfection of Compensation Model in Copyright Infringement:Based on Comparison with General Infringement Cases

It is not practical that amending the compensation model in the Copyright Law based on damages and profits from the point of burden of proof,in practice the judge make discretionary awards within 500,000 Yuan.According to the particularity of infringement mode copyright distinguished from other tangible properties,to provide maximum protection for copyright punitive damages system should be introduced,stressing on prevention function of civil liability.Thus some associated methods from the Patent Law can be used reference for the Copyright Law.