On The Remedies Of Copyright Infringement

Copyright is a kind of civil right that is acquired automatically in law. Since it has characteristics such as intangibility, prescription and regional definition, which real right and other civil rights don't have, the possibilities and actual chances of invasions of copyrighter's exclusive utility are much more frequent and universal than that of the latter. As duplication through digital technology has become much cheaper, simpler and faster than ever before, the production of piracy has been being stimulated greatly. In addition, through Internet have the infringement outcomes spread throughout the world very quickly. Thus the lawful remedies have become indispensable to the whole copyright law system.Although it's indisputable that the copyrights have been expanded, the scope of copyrights finally is subject to the level of remedy. No matter either the copyright countries or the author-right ones are constantly rationalizing and standardizing the expansion of copyright so that relevant remedies systems become perfect day to day. While the intension of copyright is being enriched increasingly, the remedies for copyright appear more positive than common civil remedies. For instance, traditional fault liability turns to common no-fault liability; remedies after harm occurring has turned to initiative protections beforehand; in addition, there exist more special ways and remedies for copyright than for the common civil rights. The remedies for copyright must reflect the foundation value, i.e. fairness and efficiency, otherwise, it will deviate from the aim of legislation that is to encourage creation and flourish culture undertaking.Civil liability is the general and common way to realize copyright remedies. It is the core of civil liability for copyright infringement that someone should commit himself to answer for injuries he causes by some rule, which concerns the effect and efficiency of judicial remedies. Owing to the nature of copyright and the feature of the infringement, a dual rule for fault or no-fault liability should be established according to the types of infringement. Meanwhile, imminent infringement prevention, technical protection and collectively administration are effective and special ways to realize the remedies.The contemporary copyright legal system of China could have a higher starting point in reference to foreign laws and international conventions since it comes into being in the time when copyright laws meet the rapid challenge from new technology and international trade. However, it is unavoidable for the whole system to have imperfection owing to its establishment in a short time. On satisfying the basic requirements of relevant international conventions, China should develop its own copyright remedies system according with its reality by comprehensively making use of all kinds of possible means.This thesis is discussing two questions. One is how the copyright remedies break away from traditional modes, and the other is how to realize remedies timely, effectively and properly. This thesis is divided into four parts. The first part is to discus the forms and characteristics of copyright infringement through the history and development of copyright; the second one is to analyze the value the remedies should aim at and the features they should have on the basis of essential principles of remedies; part three is about whether present liability rule of infringement is appropriate, and analyzes some effective and special ways and measures for remedy; the last part is giving suggestions so as to improve the remedies system in view of our country's situations by comparing and studying the national and international systems.