Copyright law

Civil liabilities of copyright infringers

The copyright are protected by both civil law and private law. A copyright infringer shall be found liable to the copyright holder. The liabilities provided by the Copyright Law are:

(1). Cease of the infringement. Once encountered infringement of legitimate rights, copyright holders or neighboring right holders may claim for cease of the infringement committed by the infringer or the possible infringer.

(2). Elimination of effects and public apology. This is an independent non-property civil liability applying under the circumstances that personal rights of copyright holders or neighboring right holders are infringed but on a minor circumstance. In a general way, elimination of effects applies to legal persons or other organizations, and public apology applies to natural persons.

(3).Specific performance and Punitive damages. These are the liabilities for infringement of the copyright licensing and assignment agreements. According to the General Principles of the Civil Law and the Contract Law, where one party breaches the contract, and the other party claims to continue to perform when it is possible to continue to perform, the party must fulfill the actual performance.

(4). Compensation for loss. It is a liability by monetary compensation when infringers encroach personal rights or property rights of copyright holders or neighboring right holders, and have caused certain damages, or when one party breaches the contract and has caused certain damages to the other party. Compensation for loss is the main remedy from copyright infringement and breach of contract.