2006Journal of Jinhua College of Profession and TechnologyRequires access

The Liability Principle of Copyright Infringement

Wang Yun-wu

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Abstract

Based on the definition of the liability principle and a classified analysis of the infringement copyright,the paper points out that the doctrine of dual liability criterion with copyright is only related with the liability to pay compensation.It is necessary to adopt the doctrine of dual liability criterion,i.e.fault liability and presumed fault liability.In consequence,it is not adapted to adopt the Non-neligence liability.

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What this paper is about

Based on the definition of the liability principle and a classified analysis of the infringement copyright,the paper points out that the doctrine of dual liability criterion with copyright is only related with the liability to pay compensation.It is necessary to adopt the doctrine of dual liability criterion,i.e.fault liability and presumed fault liability.In consequence,it is not adapted to adopt the Non-neligence liability.

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Available abstract

Based on the definition of the liability principle and a classified analysis of the infringement copyright,the paper points out that the doctrine of dual liability criterion with copyright is only related with the liability to pay compensation.It is necessary to adopt the doctrine of dual liability criterion,i.e.fault liability and presumed fault liability.In consequence,it is not adapted to adopt the Non-neligence liability.

Key concepts: Liability, Strict liability, Doctrine, Business, Dual (grammatical number), Compensation (psychology), Law and economics, Mens rea

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