1. The right to request for removal of infringement and the right to request for prevention of infringement
Copyright is limited to a certain period of time The absolute right within the scope has the nature of quasi-rem right. When it is infringed, in addition to requesting restoration of the original status quo and compensation for damages in accordance with general provisions, it also has the right to claim for the elimination of the infringement and the right to claim for the prevention of the infringement.
In principle, the person whose copyright is infringed is the author himself. However, the copyright content includes a variety of rights, and some of them can be transferred separately. Therefore, the transferee can Claim rights within the scope of its assignment. Publishers of other anonymous or aliased works may, for the benefit of the author or copyright owner, exercise their own name to exercise remedies such as removal of infringement, prevention of claims, recovery of reputation, and infringement of moral rights of the copyright. Each author or copyright holder of a collaborative work may exercise this right for the common benefit even without the consent of the other author or copyright holder.
As for the infringement of the personal rights of the copyright, as long as the author is still alive (the moral rights of the copyright are not transferable and can only be enjoyed by the author himself), the author should provide relief on his own. When the author dies, his or her close relatives will advocate for him unless otherwise specified by the author in his will.
The exercise of the right to request for infringement prevention is subject to the risk of infringement, because this is an uncertain concept, and excessive expansion may lead to the risk of abuse. Therefore, a stricter interpretation should be made. The judgment criteria are based on repeated infringements in the past, being in an objectively dangerous state, the possibility of being infringed, and the degree of preparation for infringement. Subjectively, it is the same as the exercise of the right to request for removal of infringement, and does not require the infringer's intention or negligence.
In addition to the right to claim for the removal and prevention of infringement, the copyright owner, publisher or neighboring right holder may also request the destruction of items that constitute the infringement, or the destruction of items resulting from the infringement. property or machinery or equipment specially supplied for infringement, or requesting to take necessary measures to remove the infringement or to prevent the infringement.
2. Right to claim compensation for damages
Copyright is a right protected by law. When damaged, There should also be a right to claim for damages just like any other rights that are infringed. The occurrence of a right to claim for damages, like a general tort, must include: (1) the injurer’s intention and negligence; (2) the rights have been infringed; (3) the damage has occurredHarm; (4) There must be a causal relationship between the infringement of rights and the occurrence of damage. As mentioned above, American judicial precedents and legislation do not recognize the immunity of those who are not at fault, but only reduce the amount of compensation. This is a difference between two different legal systems.
The principle of civil compensation is not to punish the perpetrator, but to compensate for the loss of the victim. Therefore, restoration to the original status quo is the principle, and monetary compensation is an exception. The focus of copyright protection is on originality. When it is infringed, the possibility of restoring it to its original state is slim, and the only way is to seek monetary compensation. However, because the "originality" guaranteed by copyright is an extremely abstract concept, how to translate it into concrete and measurable monetary value has become the most difficult issue in the discussion of copyright damage compensation.
