Abstract:

China’s Copyright Law （Revised Draft ） referring to the patent law, increases the reasonable
royalty compensation mode, the experience of Germany can be learned and not limited to the license signed
by the copyright owner, but it is not suitable to use the“Hypothetical negotiation”to determine the reasonable
royalty. When there is evidence that the profit of the infringement is greater than the loss of copyright owner,
the upper limit of the reasonable royalty may be the profit of the infringing person.