Research On The Infringement Of The Work's Single Copy

The infringement of the work's single copy is to infringe the only material carrier that exists in the objective world.There is a lack of concern and consensus on the nature and legal responsibility of the act,the legislature,the theorists and the judiciary.At the legislative level,only a few countries have limited specific provisions.At the theoretical level,Behavior is the violation of copyright or the rights of the differences;at the judicial level,the court not only in the behavior of different cases in a different decision,even in the same case there are contradictions before and after the case,the reasons for the decision is not the same.The work is by the author's original non-practical and non-unique expression.The work carrier is the material entity that carries the work.Works and works of the carrier has a distinction between the relationship and a unified relationship.The only carrier of the work is the only material of the work in the objective world,its damage or loss will directly affect the survival of the work.In the only work of the only carrier,works and works of the carrier's unified relationship plays a leading role.The copyright has the dual attribute of personal right and property right;the works are nonphysical and disposable,which is the basis of the right of copyright as the dominance,and the reason of the copyright is different from the dominance of the subject;in the power structure,the copyright can be divided into possession,The use of power,profit power,decentralization and negative power.Copyright infringement is the act of any illegal infringement of the dominant,exclusive rights and interests of the right holder in the work,and the illegal reproduction and dissemination of the work is only one form of expression.The only carrier that infringes the work will directly lead to damage to the work,will undoubtedly violate the author's work on the dominant interests and copyright of the power,is the letter of copyright infringement,in addition to bear the carrier of the right to tort,But also bear the copyright infringement liability.China's legislation on the issue of the lack of criticism led to the differences in the judiciary,drawing on the United States statutes and case law as the representative of the experience of foreign law,in the revision of "Copyright Law of the People's Republic of China"should increase the only carrier of copyright infringement Of the provisions,and in the responsibility to fully consider the nature of the work,he quality of works and reputation,the perpetrators of fault and other factors.