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Indirect Liability Of Copyright And Its Practical Significance

Posted on:2009-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:J YinFull Text:PDF
GTID:2166360245464158Subject:International Law
Abstract/Summary:PDF Full Text Request
Anyone who are not authorized by copyright law and do not have lawful exemption exercise some actions which obvious extends to the others'copyright dominance. Thus, that is called direct copyright infringement. It is always hard for the copyright owner to sue the direct infringer, nor get enough indemnity during the period of digital-net's fast development. In order to learn lessons aboard, we shall bring the Third Party Liability System in and put such system into the position as same as indirect infringement's.Pursuant to popular point of view, indirect infringement is comprised of contributory infringement and vicarious infringement. There are two factors that come into play in determining liability for contributory infringement: knowledge, and material contribution. The secondary infringer must"know or have reason to know of the direct infringement"and"induces,causes or materially contributes to the infringing conduct"; The doctrine of vicarious infringement extends liability for copyright infringement to"cases in which a defendant'has a right and ability to supervise the infringing activity and also has a direct financial interest in such activities.'".We shall pay attention to the great differences between the infringement hereto and the relevant provisions in civil law. Also, there are lots of existed differences in those copyright systems. So,stylish copyright legislation is our choice in the circumstance of our existing copyright system and public interests.
Keywords/Search Tags:Indirect liability, Contributory infringement, Vicarious infringement, Public interests
PDF Full Text Request
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