Research On The Application Of Copyright Stop Infringement Restriction

When our country’s court hears a copyright infringement case,the lawsuit request to stop the infringement will be filed by the vast majority of right holders.After the defendant’s behavior is found to be infringed,the most common verdict is the application of the responsibility of stopping the infringement.However,the referee that of course stops the infringement cannot of course adapt to the development of the society at the moment and the progress of technology.In accordance with the specific circumstances of the case and taking into account the public interest,the courts try to break through the verdicts of the application of the judgment of stopping the infringe-ment in judicial practice.However,China’s existing copyright legislation does not have clear and detailed provis-ions,which makes its application in judicial practice have some problems.There-fore,I believe that we should study the limitation of the application of the right to stop infringe-ment in copyright cases to meet the real needs of protecting the rights and interests of copyright owners.This paper selects Hangzhou Datou Son Cultural Development Co.,Ltd.v.CCTV Animation Co.,Ltd.to infringe upon this typical case,based on the The focus of the controversy is whether the conduct of the defendant in the case constitutes infringement,and whether the court’s decision to restrict the application of the right to stop the infringement is reasonable.Secondly,it summarizes the main problems in the application of the limitation of copyright infringement in this case,the court decision does not apply the relief method of stopping the infringement,lacks the clear legislative basis,the definition of public interests involved in the case is not clear enough,there is the possibility of imbalance of interest,and the determination of the amount of alternative compensation lacks the support of legislation.Finally,based on the above deficiencies,the author puts forward some legislative suggestions on perfecting the applicable conditions of copyright stop infringement and the criteria for the determination of alternative compensation,distinguishing between the application of the alternative compensation and the license fee and the public interest limit in the case.