Determination Of Infringement On Copyright Of Translated Literary Works And Related Legal Remedies

In China, the translated literary works that occupy a considerable percentage arefrequently under attack of infringing acts. How to protect the copyright of translatedliterary works has become a big problem in China's translation and legal fieldsbecause the infringing acts are often conducted in disguised and concealed mannersthat make the copyright owners of translated literary works often feel helpless andimpede the full implementation of the PRC Copyright Law and related regulations.This thesis discusses the copyright infringing and plagiarizing acts regarding thetranslated literary works and, by analysis of such acts and a comparison between thetranslated text of THE HOUSE OF THE SEVEN GABLES and the plagiarized text, itsummarizes the translator's rights being infringed and describes how to determinatethe acts plagiarizeing the translated literary works. Determination of infringementprovides an important basis for affirming the infringer's responsibility as well as abasis for deciding on the compensation for copyright owners. Therefore, how tocalculate the compensation becomes a major problem in settlement of copyrightinfringement cases in practice. As the copyright owners have difficulty in theirrequest for compensation, they have to accept the calculation of compensation basedon the word number of the translated literary works. This thesis holds that suchcalculation does not comply with the Full Compensation Principle for deciding onrelated compensation. On the one hand, it obviously cannot fully protect the rightsand interests of the copyright owners and, on the other hand, it does not give enoughpunishment and warning to the existing and potential copyright infringers conductingor planning to conduct infringing or plagiarizing acts on the translated literary works.For a solution to the above, this thesis finally outlines some suggestions for futureprotection of the copyright owners of the translated literary works.This thesis is intended to draw attention of more experts and professionals at law forfurther research and study of the copyright related issues in order to provide legalbasis and practical measures for a better way to determine the copyright infringementregarding the translated literary works and to help the copyright owners to betterprotect the copyrights on their translated literary works. The main purpose of thisthesis is, through better protection of the the compensation to the copyright owners,to encourage people to devote to creation of more translated literary works and tofully implement and realize the ultimate objective of the PRC Copyright Law andrelated legislation in relation to the copyright protection.