| From the perspective of nomology , statutory provisions and foreign law ,the paper analyses a case that an advertisement infringes intellectual property rights of the fine art works , aiming at the issues such as subjective components of infringement, reasonable use , compensation for a loss and so on.The paper mainly discusses the liability principle of copy right infringement ,reasonable use and compensation for a loss through introduction of the case and the disputes between the both sides. By means of the analysis of the components of general infringenment and the introduction of various kinds of viewpoints ,the paper discusses the liability principle of general infringement is the combination of fault principle and no-fault principle , coments the dispute of subjective liability principle , refutes fault principle and fault inference , and arguments the subjective liability principle of infringement of the fine art works is no-fault principle.The paper analyses the reasonably used legislation reason is the principle of balance of profit and the essential of the reasonably used systems is the limitation of intellectual property rights such as copyright, which is necessary for realizing the legislation tenet. Intellectual property rights can be really protected only under the condition of realizing systems which are reasonably used.As a result , works can be spread and culture can be developed. At the same time the paper thinks reasonably used systems can't be abused . Reasonable use must be provided with definite conditions and be restricted in the definite scope.In addition, the paper analyses the issue of how to confirm the sum of compensation for infringement of intellectual property rights ,finds out the reason why compensation for a loss of infringement of intellectual property rights is hard to count , and illustrates the reason why the state adopts legal compensation under the condition of confirming the sum of compensation for a loss. The paper thinks the obligee is entitled to put forward compensation for spiritual damage when the sum of compensatin is counted. The value of infringed works, the infringer's subjective fault,the scope of infringement and the actual loss caused by the infringement , etc. should be taken into consideration when legal compensation is executed. |
