Research On Copyright Infringement Action

Copyright is a kind of complicated civil right. Because its characteristicsof region, time and double rights, copyright is easily infringed compared withother kinds of civil right, especially with the development of moderntechnology, the skill of copy is more and more convenient and infringementaction with less evidence becomes more and more popular. How to protectthe benefit of copyright holder, the property and personal right of the socialmembers, to insure the whole societies' benefit from the transition fromintellectual research, to reach the aim of advancement of science and socialdevelopment, the improvement of the systems of copyright liability meetsgreat challenges. From the copyright infringement action, the author of thepaper wants to express the doctrine of fixation of copyright infringementaction, definition of copyright infringement action and legal suggestion forimprovement of protection system of copyright in practice.There are four chapters altogether in the paper.In chapter I, the author gives us introduction of copyright infringementaction from its definition, characteristics and types.There are much different statements about copyright infringement action.But generally speaking, there are only two kinds of statements altogether,broad sense statement and narrow sense statement. The scholar with broadsense statement think that infringement action is the foundation ofresponsibility, but the infringement action is not only the infringement actionset by doers with fault, but also the responsibilities ruled by the law. Thescholar with narrow sense statement think that the concept of copyrightinfringement action should be set up according to the centre of doers' fault,that to say copyright infringement action is a fault action by doers.As an important part of intellectual properties, the concept of copyrightinfringement should be regulated by laws. But we have different kinds ofconcept of copyright infringement action for its characteristics of time, regionand absolutes. The law of Literal Right of our country regulates the copyrightinfringement action by setting expels. The characteristics of objects ofcopyright infringement action are, firstly, rights of property and rights ofperson are infringed simultaneously. Secondly, many kinds of rights ofproperty and rights of person are infringed. The subject characteristics ofcopyright infringement action are individual infringement action andcommon infringement action.The types of copyright infringement action are different according thedifferent law system. In the continental law system, we have generalinfringement action and special infringement action, as well as individualinfringement action and common infringement action. The types of copyrightinfringement action in China are direct copyright infringement action andindirect copyright infringement action, individual infringement action andcommon infringement action, illegal-used infringement action, illegal-sharedinfringement action and obstruction infringement action.In chapter II, Analysis of the three doctrines of fixation of copyrightinfringement action in China.i. The doctrine of fault liability. Firstly we should clear the structure of it,and the reason for adopting doctrine of fault liability.a. Doctrines of infringement action adopted by General Principles ofCivil Law of China are doctrine of fault responsibility and non-faultresponsibility, and doctrine of fault responsibility is the base fixation method.b. Adopting doctrine of fault responsibility can guarantee the benefit ofthe injury, as well as maintaining the balance of benefit between the injury,offender and publics.c. We became a member of WTO and World Intellectual RightsOrganization, so, we must obey the rules of it in order to join the wholeworld.ii. Doctrine for non-fault liability. General Principles of Civil Law ofChina have the regulation that action without fault, but according to the law,doers should commit civil responsibility, he or she must commit it. Doctrinefor non-fault liability helps doers with right to express his or her evidence,and coordinates with the trends of international laws.iii. Doctrine of parity liability. Doctrine of parity liability, based on thatneither of the parties are wrong for the damage, is a kind of imbursement forthe property loss;of course the subjective fault of the doer can not be theessential for infringement liability either.Chapter III Analysis to the types of definition for copyright infringementaction. There are two actions of definitions for copyright infringement action,they are general infringement action and special infringement action. Andthere are two kinds of actions for definition of general infringement action,one is to analysis the plaintiff's works, another is to analysis the work withinfringement and the method taken by defendant. The definition of specialinfringement action including the definition of common infringement andadoption of flexible provision.Chapter IV Two pieces of legal suggestions by author according to theshortcomings of current regulations for copyright protection in China.i. We should set up registration system for copyright at once, that is tosay to set up choice registration system for acquirement of copyright, to setup registration system for transfer of copyright.ii. We should have legal definition of fake books. Because the fakebooks are very harmful, so, they must be strictly forbidden by the lawaccording to the legal definition of it.