The new copyright law introduces punitive damages for infringement, which greatly increases the infringement cost and compensation ceiling by 10 times, thus "supporting" the creators. The definition and types of works have been improved, covering online games, live photos of events and short videos, and the scope of protection has been further expanded. If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual loss of the obligee or the illegal income of the infringer; If the actual loss of the obligee or the illegal income of the infringer is difficult to calculate, compensation may be made with reference to the use fee. In case of intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be paid at least one time but not more than five times the amount determined by the above method. If it is difficult to calculate the actual loss of the obligee, the illegal income of the infringer and the royalty, the people's court shall award compensation of more than 5 million yuan to 500 yuan according to the circumstances of the infringement. The new law increases the right license fee as a reference method to determine the compensation for infringement damages, which is connected with the patent law and trademark law; More importantly, this time, the system of punitive damages for infringement has been specially added, which is a major institutional change. At present, in our country, increasing tort damages can further curb malicious infringement. Therefore, the new law clearly stipulates that intentional infringement of copyright or copyright-related rights, if the circumstances are serious, can be compensated according to the amount of damages of more than one time but less than five times.

Behavior classification

(1) by constituent elements

General tort: refers to the behavior that the actor directly causes damage to others based on his own fault, so the general liability clause in civil law applies.

Special tort: the behavior that the actor is not at fault, but should bear the responsibility according to the special liability clause of civil law or special civil law.

(2) According to the infringing object

Infringement of property rights: including infringement of property rights and property rights in intellectual property rights.

Violation of personal rights: including physical and psychological violations of others.

(3) according to the number of people causing harm.

Personal tort: the tort that only causes one person.

* * * Joint torts: Torts involving more than two persons, and the actors shall be jointly and severally liable for damages.

(4) according to the nature of the behavior

Positive tort: refers to the act of causing damage to others in the form of positive action.

Infringement by omission: refers to the act of causing damage to others in the form of negative omission.

Legal basis:

Law of the People's Republic of China on Protection of Consumer Rights and Interests

Article 55 Where an operator commits fraud in providing goods or services, it shall increase the compensation for the losses suffered by consumers as required, and the amount of compensation shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan.