Research On The Duty Of Care In Copyright Infringement Of Publishing House

Fault is an important component of tort liability,and the duty of care is an important premise and legal basis to judge whether the actor is at fault,which plays an important role in tort liability law and tort judgment.As far as copyright infringement is concerned,the scope of the duty of care is not only the subjective intention of the court to judge whether the publishing house has copyright infringement,but also affects the liability of the publisher.However,it has no effect on the determination of infringement by publishing houses.At the same time,in the case of joint infringement by publishing houses,according to the principle of fault and the principle of fairness,it is necessary to distinguish between the degree of subjective fault and the proportion of compensation between the joint infringer.In judicial practice,reviewing the authorization of publication,source of manuscript,signature and content of the edited publication is the necessary prerequisite for the publisher to control the publishing behavior,and is also the legal obligation of the publishing house as a professional publishing institution.Therefore,the legal duty of care is of great significance to the copyright infringement disputes of publishing houses.With the enhancement of copyright owners' consciousness of safeguarding their rights and the vigorous development of publishing industry,copyright disputes related to publishing houses have been on the rise in recent years.The problem of the publishing house taking the tort liability is becoming more and more prominent,which brings a big problem to the publishing industry.This paper takes the copyright infringement cases of publishing houses accepted by courts at all levels in China in the past five years as the research object,combines with the legal content of the reasonable duty of care,and clarifies the relationship between the tort subject,the tort performance,the tort liability and the duty of care in such cases.On this basis,the author further explores the basis for the determination of the duty of care in judicial practice and analyzes the legal principles and specific considerations behind it by summarizing the treatment methods of effective judgments.Through empirical analysis found that existing in the practice of press cannot produce evidence of strong correlation between different criteria,the duty of care in the case,the high court examination standards,different works the review obligation problems such as differentiation,investigate its reason mainly has press nostrict internal audit system,law did not restrict standard and scope of duty of care in detail,the types of relationship between complex,infringing copyright works diversification and review compulsory execution difficult and judge when the referee has great discretion space,etc.Under the regulation of copyright law,the duty of care of publishers in publishing behavior is related to their industry status,and the judgment standard of the duty of reasonable care should match with their professional ability and predictive ability.According to the existing situation and empirical analysis,this paper discusses the duty of care of the existing problems,puts forward the corresponding measures and Suggestions for specification,in order to get the reasonable duty of care of standardization,hoping to press the lawful to perform its duty of care,to maintain their legitimate rights and interests of the copyright owner and copyright infringement trial practice provide the beneficial reference.