Research On The Limitation Of Injunctive Relief Under The Copyright Infringement

In the field of copyright,the request to order the infringer to stop infringement is a claim that the right holder often makes in the lawsuit.Ceasing the infringement is a kind of commitment to civil liability.Just like other civil liability commitments,it needs to be judged according to the circumstances of the case.If the infringer is indiscriminately determined to stop infringement,it may lead to unfair results.It is not rationality.In some cases,if the court directly decides that the infringer will stop infringement,it may cause huge waste of social resources,damage the public interest,and may also bring the wrong cost of excessive protection of rights,and bring unreasonable threat to the infiringer.That is,the loss suffered by the infringer due to the application of the cessation of infringement far exceeds the loss suffered by the right holder due to the infringement and does not have legitimacy.Therefore,in the course of a specific case,the judgment of the judge tends to favor the interests of the infringer and abandon the interests of the right holder.This practice necessarily requires legitimacy and rationality.This article insists on the application of the civil liability to stop copyright infringement as the general principle,with the exception of restricting the application of civil liability to stop copyright infringement,analyzes the basis of the right to stop infringement,and attempts to explore the rationality of the exception principle in the"accretion" of civil law.Sex.By combining specific judicial cases.this paper studies the application of the cessation of infringement restrictions on copyright civil liability from the perspective of legitimacy.and points out the four legitimate reasons for applying the exception principle,that is,impossible performance in fact,the cost is too high,the principle of fairness,and the principle of honesty and credit.Finally,the paper analyzes the legal liability of the copyright infringer who does not stop infringement,and gives corresponding alternative measures.The author hopes that through the research of this article,it can reasonably and appropriately restrict the rights of right holders,prevent the abuse of private rights,promote fairness and justice,and finally realize the central point of copyright protection and encourage creation and innovation.