Study On Mediation In The Civil Lawsuit Of Copyright Disputes

The focus of this paper is on the mediation in the civil lawsuit of copyright disputes. Given the increasing copyright disputes and the need of developing copyright industry, the new dilemma exiting in the resolving of copyright disputes gives us a chance to address a more efficient way to resolve the copyright lawsuit. It is necessary to consider how to use mediation in the court to relieve the work of court, and to achieve the long-term cooperation between the copyright disputants.At the age of knowledge-based economy, intellectual property is the fountainhead of the core competitiveness in China. Copyright, as a intangible property right, has the characteristics of intangibility, exclusivity and fixed term and so on. These characteristics are totally different from the features of other ordinary civil rights. Meanwhile, the copyright infringement disputes are getting more complicated, which are arising from that, first, the beneficiary subjects of copyright disputes are multiple. Second, the works would be used with a variety of ways. Third, the judicial determination to the copyright infringement is getting increasingly hard. Moreover, as the internet develops in a fast way, the way the works being copied and transferred changes on the internet, which makes the copyright dispute get more and more complicated. Based on that, this paper study on the resolution of copyright disputes especially on mediation in copyright lawsuits.Given copyright disputes being complicated, mediation and arbitration were not satisfying the disputants in the past time, as a result, litigation played a key role in the resolving of copyright disputes. However, there are some disadvantages in the process of litigation. For instance, the mode of fact-finding in court are not meeting the court's demand of resolving the copyright lawsuit in an efficient way. Therefore, this mode might need to be improved in the further litigation of copyright, or court would choose a more rational way to relieve their work when they are dealing with the copyright lawsuits. Besides, during the litigation, disputants tend to use the method of "non-zero interest" to solve their problems, which is not benefiting the cooperation between disputants and potential conflicted parties of copyright.The number of copyright disputes are getting large. In order to relieving the pressure of court, improving the efficiency of copyright disputes resolution and responding the advice of "trail combined with mediation and mediation as a priority " by court, it is an opportunity to state how to apply the mediation to the process of litigation. In details, as to the way mediation would be used appropriately in the civil lawsuit of copyright disputes, there are two aspects that need to be taken into account. At first, the characteristics of copyright infringement disputes and the interests of copyright disputants should be addressed clearly, so that court can find out which disputes are available to be mediated based on what kind of expectations the disputants have in the litigation. Mediation offers the copyright disputants to have a collaborative negotiation, which not only relives the work of court but also facilitates the conflicted parties to continue their potential cooperation in the copyright industry. Secondly, the judges are not easy to switch their role of judging to the position of being a mediator when they are mediating for parties. Therefore, it is necessary for court to make the potential mediator of court to be more professional on the copyright lawsuit.This paper consists of four parts. The first part illustrates the background and the purpose of this topics. It also states the current levels of study on mediation in the copyright disputes, as well as the methods and the creative parts of this study. The second part exposes the current levels of protecting copyright and resolving issues of copyright. Meanwhile, it discusses the new dilemma of protecting copyright under the circumstance of internet, plus the necessity of mediation in copyright disputes. The third part introduces what the game theory and mediation are. Specifically, by analyzing the game theory including the "zero-sum interests theory" and the "non-zero-sum interests theory", it emphasizes the importance of mediation from the perspective of collaborative game, as well as the advantages of mediation in the civil procedure of copyright lawsuits. In the last part, according to the interests of copyright disputants and current situation of copyright infringement disputes resolution, this paper proposals some ways to improve the efficiency of mediation in the civil lawsuits of copyright disputes. In details, after finding out the reasonable role of mediation in the copyright infringement lawsuits, we type the civil lawsuits of copyright based on the standard of how expensive the copyright lawsuits is. At first, by analyzing the interest of disputants, it can illustrate that which copyright lawsuits are available to be mediated or not to be mediated. Secondly, in terms of the copyright lawsuits which are not too expensive, court can apply the system of small claim for the disputants.