Research On Innocent Infringement In Copyright Transaction

Copyright industry in new engine under the environment of cultural soft poweris playing an increasingly important role, the author’s creation of works already is not just in order to express their emotions, more is to want to bumper revenues in the copyright market, improve the system of copyright trade is to copyright exchange’s security and prosperity. Prone to the transferee in the copyright trade for the copyright of trust refusal of rights on the defective, which in turn makes the use of refusal under copyright behavior without knowing or without a reasonable reason to know this right flaw of infringement. For a long time, for the determination of copyright infringement, "fault" and "no-fault" imputation principle, but for the person on the understanding and don’t know it, when exercising the infringement or the holder of the fault can’t proof the offender, the judgment result is in fact the injustice.Interests balance. The concept of goodwill infringement specific Settings in the context of the copyright trade, often because of goodwill infringement occurred Yu Zaiyou under the condition of multiple main body, and this kind of circumstance is copyright trade process; Because this article will goodwill infringement of this abstract concept or system and copyright trade relative to meet the practicality of space-time, deals with the support of relevant practical cases. Copyright trade has appeared in the phenomenon of goodwill infringement, in this paper, by analyzing the transaction contract law, the trading main body diversity, trading content is difficult to determine,the respect such as opaque transaction environment that generated goodwill infringement of copyright trading market, and on this basis, a deeper analysis, formal because copyright law system in our country, our country copyright registration system, copyright collective management organizations and copyright trading platform such as the imperfect institutional environment will cause the goodwill infringement.After the transmission problem analysis, this paper from the aspects of relevant, targeted Suggestions are put forward. First of all, from the legal system, in the law explicitly goodwill infringement determination, draw lessons from abroad at the same time, to be regarded as tort but on the responsibility to be lenient treatment, in order to balance the interests of counterparties to legal system of copyright trade gap make appropriate remedy; Secondly, in order to reduce the risk of goodwill infringement appeared in the process of the copyright trade, this paper argues that can unite the country copyright registration system; Collective management pattern, the attempt to break the industry will work carried out by a window to accept the management, the premise is to foster high qualification of business management personnel; And of course to the copyright tradeprovide a secure trading platform, can be online or offline, to include copyright registration and copyright trading platform in a registration system, do direct sharing of information between each other, improve the degree of information symmetry on both sides, reduce transaction risk.