Study On The Ground Of Pleading In Copyright Infringements

The ground of pleading of copyright infringement is the important method of the defendant protecting his own legitimate rights and interests, and it is also a limit towards copyright owner's usufruct. The copyright law system establishes the protection and the limit balanced system. The establishment of copyright infringement researchs the copyright system from the aspect of copyright protection, while the research of ground of pleading of copyright infringement bases on the limit of the copyright. This article attempts to discuss the protection of the user legitimate rights and interests and the copyright limit question by researching the ground of pleading of copyright infringement and utilizing the general theory of infringement law. The tendency of expanding the contemporary copyright right has destroyed the copyright right protection and the limit balance as well as the market free competition. The antimonopoly law should be the powerful weapon of maintaining copyright system balance.To plead the copyright piracy accusation, firstly, we must solve the question about the doctrine and constitution of liability fixation. Through analyzing the characteristics of the doctrine of negligent liability, the faulty doctrine of negligent liability, principle of liability without faulty, comparing with the international convention, the correlation stipulation and the practice of various countries' legislation, this article considers that we must persist the doctrine of negligent liability in the our country current stage (including the faulty doctrine of negligent liability) . The constitution of liability fixation comprises infringement behavior damage, causal relation and subjective fault.Ground of pleading are the facts to deny the accusation . So long as the excuses can deny one of the factors of the constitution of liability fixation that the denial of the existence of piracy, the reduce or avoid the civil liability are the effective plead excuses. This article discusses special pleadrer excuses. The primary ground of pleading are the denial illegal activity warrant, mainly includes: 1st, reasonable utilize. 2nd, legal permission. 3rd, force to permit. 4^th, inefficacy of copyrightand the subjective faulty.5^th, inefficacy of copyright the right exhausts.and subjective falult .6^th the fault. The copyright expansion tendency mainly manifests in, extent of protection expansion, copyright power expansion and anti-limit copyright right restriction. The antitrust law can prevent the copyright abusing. The antimonopoly law utilizes the public law method and each method to make up the fault of civil law. Then we can keep the balance of copyright system.