Improvement of the Calculation Methods of Chinese Copyright Infringement Damages Compensation——Enlightenment Based on the Vision of Comparative Law

The calculation methods of copyright compensation are reflected in the various national(regional) legislation and international treaties,but its substantive form is not exactly the same.Based on this,taking a review of current situation of China's copyright legislation and practice as a breakthrough,carrying out comparative research from the overall system architecture in the macro sense and the specific content of the rules on the micro level,is the important path for constructing an ideal type of system.The calculation methods of copyright compensation should on the basis of keeping the existing overall framework,paralleling to applied sequence of three calculation methods,carefully building calculation standards of actual damages and infringement profit,comprehensively constructing a reasonable statutory compensation system.