Study On Copyright Vicarious Liability System

Along with the rapid development of China’s economy and technology, the intellectualproperty infringement behavior has been in great diversity and severity. The indirect responsibilityfor the legal system is increasingly important both in the intellectual property theoretical world andthe judicial practice. However, the key focus and research priority emphasized heavily on helpingthe tort liability principles, so that the construction of copyright vicarious liability system has beenoverlooked. Not only the establishment of vicarious liability in the legislative system has beenfailed, but also the acknowledgement to some of the basic problems results in differences.Nevertheless, the establishment of copyright vicarious liability system is in great necessity, whichrequired to be constructed to compensate for the deficiencies of the existing indirect liabilityregime.This paper is aimed at researching and analyzing the basic vicarious liability of the copyrightand proposed own construction proposal.The first section begins with the basic theory of copyright vicarious liability followed by thebriefly introduction of the development of vicarious liability system of civil law tradition and thePrinciples of Responsibility preliminary, which summaries and analyses the right and ability of thecopyright vicarious liability under the supervision and control and the direct economic benefits toget the basic connotation of the two elements. Furthermore, it explores the legal basis of thevicarious liability regime and its influencing factors, which forms the theory guide for the entireresearch.The second part of the paper attempt to study the legislation of the abroad, especially thejudicial practice in the United States, in order to learn the development of the copyright vicariousliability from foreign countries.The third section describes in detail about the three typical main mode of the application ofthe two elements of vicarious liability, and help to compare and contrast with the tort liability,reflecting the characteristics of vicarious liability system and its value.The forth section conduct a comprehensive summary. Not only sums up the limitations of thevicarious liability regime, but also analyses the drawbacks and defects of the existing vicariousliability regime, which proposed the significance of the construction.