2012•Journal of Shandong UniversityRequires access

On Punitive Damages in Copyright Infringement:a Comparative Perspective

Chen Xia

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Abstract

Since traditional compensatory damages could not cope with continuous,willful,or flagrant copyright infringements efficiently,punitive damages has been introduced to statute law or case law of copyright in the U.S.A.,England,Germany and Taiwan Province of China.It is also necessary for us to construct the system of punitive damages within the frame of statutory damages,with the consideration of related public policy and overseas experience.Meanwhile the scope of punitive damages must be limited strictly so that appropriate protection of copyright and interest balancing are achieved.

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What this paper is about

Since traditional compensatory damages could not cope with continuous,willful,or flagrant copyright infringements efficiently,punitive damages has been introduced to statute law or case law of copyright in the U.S.A.,England,Germany and Taiwan Province of China.It is also necessary for us to construct the system of punitive damages within the frame of statutory damages,with the consideration of related public policy and overseas experience.Meanwhile the scope of punitive damages must be limited strictly so that appropriate protection of copyright and interest balancing are achieved.

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Available abstract

Since traditional compensatory damages could not cope with continuous,willful,or flagrant copyright infringements efficiently,punitive damages has been introduced to statute law or case law of copyright in the U.S.A.,England,Germany and Taiwan Province of China.It is also necessary for us to construct the system of punitive damages within the frame of statutory damages,with the consideration of related public policy and overseas experience.Meanwhile the scope of punitive damages must be limited strictly so that appropriate protection of copyright and interest balancing are achieved.

Key concepts: Punitive damages, Damages, Statutory law, Scope (computer science), Business, Statute, Perspective (graphical), Law

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