The Legal Analysis Of Copyright Infrigement Case Of Bighead Son Culture Company Sued CCTV Animation Company

In the dispute of copyright infringement,the litigant often asks the court to stop the tort.Court in the case when the first analysis of the parties concerned shall enjoy the rights,the copyright belongs to maintain,and then decide whether the defendant's act of infringement,when the defendant's act of tort,the court will generally make the infringer to stop the infringement judgment.However,the decision to stop the infringement seems to be permanent.In fact,with the rapid development of modern social economy,all problems cannot be solved,and the interests of the parties in some cases are out of balance.Therefore,the academic circle has been in a very heated discussion.The judicial practice in our country has taken the lead in breaking the request of stop infringement,the “non-cessation of infringement” in place of the request to stop the infringement.Among them,the copyright infringement case of the cultural company of hangzhou head son culture company v.CCTV is a typical case of breaking this pattern.Due to the fact that there has been no the applicable prescriptive documents about “non-cessation of infringement”,the case's trial court quoted the civil low principle,considering the damage to the public interest,and does not support the obligee to stop infringement claims.Based on the case of copyright infringement of CCTV animation company,this paper probes into the criteria and the typology of non-cessation of infringement.Through literature research method,qualitative analysis method and so on.A comprehensive analysis of the case.First of all,it is necessary to make clear whether the image design of the cartoon characters involved can be independently established.This is the basis for determining whether the CCTV animation company infringes upon the infringement.Based on the law and relevant jurisprudence,this paper determines the independent copyright of cartoon characters.Second,the CCTV animation is accused of infringement of the work of the identification.Starting from the nature of the copyright infringement of CCTV animation,it is concluded that it is a deductive work.There are certain rules for the infringement determination of deductive works,and the deductive works of CCTV animation are deemed to contain the elements of infringement,which are the deductive works.Copyright protection must take into account the rights of the original works.Finally,in this case,the court did not decide to stop the infringement,but decided that the CCTV animation company would pay higher compensation to the company.From the existing law,the judgment lacks clear legal basis.This paper combines legal rules and legal principles,as well as relevant theoretical basis.There is an analysis of the "non-cessation of infringement",and its applicable considerations are put forward.The rationality and shortcomings of the application of "non-cessation of infringement" in this case are put forward.