Copyright Infringement To Identify Legal Remedies

This paper is designed to research on definition of copyright infringement and legal remedy that is essence of copyright.The fist chapter of this article studies the objec of copyright. Copyright protiction extents to forms and not to ideas. In this chapter, author discusses the scope of copyright protection, and focus attention on datavase protection.Chapter2 concerns rights of the copyright owner. The article describes the history of the copyright extending and the scope of the rights of the right owner including ecomic right and moral right.Constitution of infringing act of copyright be set forth in chapter 3,and it is the central idea of the paper. Infrioging act of copyright be defined as act infriges the lawful rights and interests of copyrightOwner without permission, and must bear the liability for compensation by the law Author emphasizes intention or fault is not necessary thing for the infringing act of copyright. And author advocates that fault liability in indirect copyright infringement. The main intent of chapter 4 is to analyze the categories of infringing acts that infringe economic rights, moral rights or neighboring rights.This chapter pays more attention to studying the inverse passing-off of the right of authorship and temporary reproduction.Chapter 5 explains the methods of determination of infringing acts. Author claims there are three methods: (1)Comprehensive survey the works' originality, basic principle of copyright protection-copyright protection extends to expressions and not to ideas and fair dealing;(2)Syllogism;(3)Two steps analyzeito investigate copying and umlawful appropriate or substantial similarity.In chapter 6, author researches on the plea infringing acts. Author holds liability could be counter-plea with fair use, copyright lose or extinction of prescription.Chapter 7 focuses on the copyright infringement on the internet. Author analyses what rights belongs to copyright owner, how to definite the liability of infringing acts on the internet.At this chapter.Author lays great stress on the liavility of wet-owner,ISP and user.The major subject of the chapter 8 is copyright infringement in special conditions. One is right-cross involving copyright in trade mark or patent, the other is parallel importation where the princeple of exhaustion intellectual property right should be in conflict with the principle of territoriality. Author asserts that the princeple of territoriality should be adopted in copyright trade in order to prohibit parallel importation.In the last chapter, author states legal remedies includes civil,criminal and administrative remedies. Author claims the standard of the amount of compensation should be depended on actual loss,inninging profits or royalty. Moreover, the article takes more reserch on compenstion for statutory damage and moral injury.