Research On The Civil Liability For False Attribution

In real life, there is one and the same rampant acts of piracy, that is false attribution behavior, which is a worse than the piracy behavior. From ancient times, whether domestic or abroad, false attribution behavior ever-present, everywhere. Many well-known writers, painters have been subjected to fake distress. Pseudograph, fake paintings not only damaged these people's reputation and economic interests, but also seriously disturbed the normal market order, impair the interests of consumers. Since 1995, China's first case of " false attribution ", false attribution behavior is the issue of copyright infringement, or the name of civil law rights violations, or other legal liability issues, the academic interests has always been constant controversy, difficult to come to a conclusive. the problem appears to be simple, but in reality are complex and involve a range of theory is not resolved, legislation is not clear issues, China's "Copyright Law" Article 47 stipulates that false attribution behavior is infringement, but did not clear its infringing nature. In judicial practice, Some courts have recognized as a violation of right to a name, some courts have recognized as the right of authorship of copyright infringement, but also some courts that this is a kind of unfair competition As the legislation is not clear and an academic dispute, it is necessary to conduct the system on this issue. In this paper, a case of starting to explore the nature of the infringement of alse attribution behavior and legal responsibility.This paper attempts by Zhou Guoping v. Ye Zhou, Li Shihua copyright infringement case, a typical case analysis, to provide assistance to the judicial practice, at the same time put forward a sound legal system regulating the recommendations of false attribution behavior. This paper is divided into five parts except for introduction and conclusion., which is about 17,000 characters on a whole.The first part of a case caused by reflection. Introduced Zhou Guoping v. Ye Zhou, Li Shihua copyright infringement case, the focus of controversy, disputes and differences in opinion.The second part of definition of false attribution behavior. From the main, purpose, means of defining the false attribution behavior, while introduced the theoretical circle and the judiciary on the nature of the false attribution behavior of the different points of view, including violations of right of authorship, infringement of the right of the name,unfair competition, in the end put forward the views of this article,it is said that the above theory has several flaws, the nature of the false attribution behavior should be a concrete analysis of specific situations.The third part of comparative law on false attribution behavior regulation. Studied civil law countries and regions, common law countries the existing laws and international treaties on the regulation of false attribution behavior.The fourth part, The civil liability of false attribution behavior.First analyzed the composition of false attribution behavior of infringement elements, followed summed up the civil liability of false attribution behavior, including: cease the act, rehabilitate ones reputation, eliminate ill effects, extend a formal apology and compensation for losses.Part V, China's regulatory system for the improvement of false attribution behavior. First, analysis of China's existing laws regulating the status of false attribution behavior and pointed out the deficiencies of them, Second, learn from foreign legislative and judicial experience, made a sound proposal.