The Analysis Of The Case Of Dasheng And Other Companies V.Yang And Other Copyright Infringement Disputes

In the era of knowledge economy,the cultural industry is booming,and the copyright infringement disputes with it are becoming more and more frequent and diversified.When copyright has entered the circulation field,the phenomenon of repeated transfer of copyright appears.However,China's copyright legislation started relatively late,and there are few provisions on the transfer of copyright,and the problem of repeated transfer is not mentioned,which brings great difficulties to the application of law in judicial practice.Starting from the case of Dasheng and other companies v.Yang and other copyright infringement disputes,the paper extracts three major controversial points.That is who should enjoy the property rights of the work of "Tears",and whether the four defendants have infringed on the property rights of the work of "Tears",and whether the four defendants should bear joint and several liability to pay compensation.These questions shall be analyzed and demonstrated accordingly.First of all,the copyright repetition transfer disputes can be used to learn from the principle of multi-selling differentiation and support the signing of the first person to obtain the copyright.But the bona fide acquisition system does not apply to solve the problem.Secondly,if there is no exception,the proof standard of "high probability"must be applied to the confirmation of substantive law facts for the application of the standard of proof in civil litigation.And the procedural matters such as application for withdrawal should draw lessons from the criterion of "preponderance of probability" in Anglo-American Legal System.Furthermore,to identify copyright infringement should follow the following ideas:the victim has legal and effective copyright on the work involved,and the actor has carried out the illegal use of the copyright,the illegal enjoyment of the copyright or the infringement of the copyright in the the "Copyright Law of People's Republic of China".Also,there is no illegal hindrance.Finally,the copyright tort liability for damages should satisfy four elements:specific copyright infringement,the actual damage,a causal relationship between copyright infringement and the actual damage,and the subjective fault.the consequences for joint liability to the joint tort of "common" in the understanding of the term should be "common fault theory".