Whether the System of Punitive Damages Should Be Introduced to Better Protect the Copyright in the Digital Era
Liu Xiao-nan, Song Wei
Abstract
Open-access reader
Liu Xiao-nan, Song Wei
Abstract
Open-access reader
Since the system of punitive damages introducted to the "Copyright Law", domestic academics have been continuously involved in this dispute. In this paper, in the perspective of legal cases and current situation of compensation for damage of copyright infringement, analyze the introduction of punitive damages of "Copyright Law". Then, from the view of Copyright owners’ strategy of litigation and relevant judicature and legislation, analyze whether should introduce the system of punitive damages to better protect copyright, and put forward to other paths of dealing with damages, hoping to do my best to help to perfect judicature and legislation. Keywords: protection of copyright; compensation for damage of infringement; punitive damages
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Since the system of punitive damages introducted to the "Copyright Law", domestic academics have been continuously involved in this dispute. In this paper, in the perspective of legal cases and current situation of compensation for damage of copyright infringement, analyze the introduction of punitive damages of "Copyright Law". Then, from the view of Copyright owners’ strategy of litigation and relevant judicature and legislation, analyze whether should introduce the system of punitive damages to better protect copyright, and put forward to other paths of dealing with damages, hoping to do my best to help to perfect judicature and legislation. Keywords: protection of copyright; compensation for damage of infringement; punitive damages
Key concepts: Punitive damages, Damages, Legislation, Compensation (psychology), Business, Law, Law and economics, Political science