Copyright Indirect Infringement Theory And Its Application In China

Copyright is a kind of rights that endowed by law gives the specific, exclusivemonopoly of the copyright owner. It is a great significance to encourage literary and artisticcreation and the promotion of cultural transmission. Therefore, the protection of copyright isto protect the whole social development power of literary and artistic creation. However,frequent indirect copyright infringement cases have brought the huge challenge for copyrightprotection system in China recent years. Meanwhile, Chinese institutions in the field ofindirect copyright infringement system shortcomings also began to appear. Thus, it is anurgent need to solve the problem how to quickly set up a suitable for our country’s system ofindirect infringement to cope with the future information industry highly developed hugeimpact on copyright. And this paper is to study for this purpose.In this dissertation, the first chapter summarized the definition of direct copyrightinfringement and indirect copyright infringement as well as briefly explained the currentdifficulties facing our country present stage system of indirect infringement. Copyrightindirect infringement system is still not fully established at the present stage in China.Consequently, cases involving copyright indirect infringement are generally based on the ruleof law in the process of trial practice, according to the way of common infringementcopyright. There are many disadvantages which author shall be detailed in chapter3by thatway.The second chapter of this paper introduces in detail the system of indirect infringementlaw background and connotation of the system. In this chapter, the author firstly stated Sonycase law background and specific trial in detail and Supreme Court judge reason areintroduced with some emphasis. Then, the author analysed the essence of tort theory, andestablished the "Sony rule" elements including commodity itself has substantialnon-infringing USES and users on the use of the goods should be main for reasonable use.After that, the Napster cases are introduced and analyzed the contributory infringement andvicarious liability established conditions. Finally, in the third case has carried on the detail ofGrokster case, and analyzed the components of the infringement and Grokster case with Sonycase the differences.The third chapter of this paper is to apply the American indirect infringement system inour country. There are four points including from constituted infringement, the responsibility of the vicarious liability, whether there is infringement and whether the "Sony rule" can beapplied, to analyze in detail in this chapter. After, by using the results of the analysis, theauthor summed up the advantages of indirect infringement system in U.S.aThe fourth chapter of this paper is to discuss the improvement of the system of indirectinfringement of copyright. Whether China has created the indirect copyright infringementliability system is analyzed on the beginning of this section. Then, it can be concluded thatChina should set up the system of indirect copyright infringement. The specific design of thesystem will be conceived at last.