Research On Copyright Infringement Liability System

Copyright, as one the complicated rights among civil rights, possess double characters of personal right and property right. With the character of invisibility of its results, the obligee can hardly protect its own right through the way of possession. Therefore, the chance and possibility that it is invaded unintentionally or unimpeachablly are higher and more common that some rights such as real rights. The thesis describes copyright infringement responsibility system from the viewpoints such as copyright infringement action, doctrine of liability fixation of copyright infringement responsibility, counterstatement particulars of copyright infringement responsibility and the bearing mode of copyright infringement responsibility. This thesis is consists of three parts.The first part makes a summary according to various doctrines about the concept of infringement action in the civil law. From the point of view of parity and justice pursued by laws, the essence of infringement action lies in the occurance of damage and the responsibility to be borne as stipulated by laws. In this case, whether the injurer is wrong subjectively is not one of the essentials for infringement action. Copyright, as a private right, of course, is normalized by laws about infringement actions. However, with its invisibility, exclusivity, regional character, timing feature and legality, the concept of copyright infringement action is added by some complexity and special characters. But its essence should be the doer's action performing the right which is the copyright holder's right protected by law, however without permission of the copyright holder, and it results in the damage of personal right and property right of the copyright holder, in which the doer should be responsible for damages. The standard for type classification of copyright infringement action has long been a issue continuously studied and discussed by experts and scholars. Copyright infringement action is one of the types of infringement actions, therefore, the classification of infringement actions is inspirationally meaningful for that of the copyright infringement action. The two basic types of general infringement action in the continental law system are general infringement action and special infringement action, as well as individual infringement action and common infringement action. Accordingly, the copyright infringement actions in our country are basically classified into three types, direct copyright infringement action and indirect copyright infringement action, individual copyright infringement action and common copyright infringement action and illegal use type copyright infringement action, and illegal enjoyment type copyright infringement action and intervention type copyright infringement action. At present the Law of Literal Right of our country, while defining the infringement actions, adopts the way of example listing to specify the types of all kinds of infringement. But this classification has many defects, for example, it cannot cover all copyright infringement actions and cannot skillfully guide the judge to perform his discretion on the infringement actions which is not expressly specified by laws in the judicial practice. The legal significance of copyright infringement action type classification is that it facilitates the identification of the content of copyright infringed, facilitates the identification of process, state, circumstance severity and damage extent of the copyright infringement action, facilitates the identification of subjective wrongs of the copyright infringer, and facilitates identification of type of copyright infringement liability and identification of essentials for different type of copyright infringement actions.The second part make some analysis, according to the doctrine of liability fixation of copyright infringement and the essentials for copyright infringement responsibility on which the learning field of our country is contending sharply. There are contradicting ideas on what system of dcotrine of liab...