Comparison of copyright protection systems at home

  • Detail

Comparison of copyright protection systems at home and abroad

the rapid development of creative industries such as video, audio-visual and books has made copyright protection increasingly attracting attention. At present, there are different degrees of copyright and copyright infringement problems in video, music, books and other industries in China

in terms of copyright and intellectual property protection, Japan, the United States, Australia and other countries have achieved fruitful results. Compared with foreign experience, insiders believe that the problem of copyright infringement is closely related to the imperfection of the current copyright system

According to statistics, in 1998, the output value of China's publishing industry was 126.32 billion yuan, and that of the software industry was 17 billion yuan, accounting for about 1.8% of GDP that year; In 2002, this proportion reached 3%, and there is still much room for the development of related industries. It can also be seen that the proportion of China's copyright industry in the national economy is increasing

in recent years, network has gradually become an important platform for intellectual creation. At the same time, the infringement of network copyright also shows a growing trend. At present, China's "Regulations on the right of information network communication" has not been issued, and the legal status of network media has not been clear

due to the lag of the heart law of the Internet copyright judicial protection as the host, the practice time is still short, and the current laws and regulations involving copyright often show many defects and deficiencies in solving disputes such as Internet copyright infringement. On the one hand, the market needs to provide more high-quality works for the weak downward trend of the spot market of steel raw materials on December 10; On the other hand, it is more difficult for authors to protect the copyright of works, which is difficult to balance in the short term


the copyright system needs to keep pace with the times

well known commentator Wu Xuean believes that the frequent occurrence of copyright infringement is closely related to the imperfection of the current copyright system. Wu Xuean said that the copyright law should be revised in time to meet the new development requirements

China's copyright law has been implemented since June 1st, 1991. Based on the social background and economic basis at that time, legislators cannot predict the future development trend. In the context of the rapid development of network technology, the timely revision of the copyright law to solve the copyright problems in different times has become the focus of the industry

on the one hand, the threshold of copyright law protection should not be set too high, and how to realize the rights of obligees should be put in an important position. In view of the characteristics of interconnection, it is necessary to establish a convenient work authorization channel, so that the rights of copyright owners can be effectively protected, their works can be widely disseminated, and a good copyright order with the balance of interests between copyright owners and channel users can be established

on the other hand, we should further clarify the collective management system of copyright, expand the scope of legal licensing of copyright, establish a copyright compensation mechanism, build a balance of interests between copyright owners and users, communicators and the public, and encourage innovation and promote works

nowadays, some e-commerce companies, such as Amazon, have shifted their future business focus to the publishing of digital books, and Baidu has also begun to build its own digital reading library. In the era of traditional paper media, enterprises that are considered not closely related to copyright protection, such as apple, have also begun to enter the field of digital media communication on a large scale

Yan Xiaohong, deputy director of the national copyright administration, said that China must carry out national copyright education in the whole society to improve the level of copyright protection for the whole people. This will be reflected in the upcoming China copyright strategy as a core concept

foreign countries have experienced many amendments to copyright laws and regulations, and have basically matured.

internationally, many countries and regions have revised copyright laws or formulated network communication laws, and also provided many precedents for reference in judicial practice

in fact, the idea that communication is the fourth media has been popular abroad for many years, but specific to communication legislation, the views of various countries are different. In any case, the station and its operators should bear the corresponding responsibility for enjoying the rights of traditional media

in the relevant cases of foreign Internet links, links made without authorization or permission and unreasonable use of the content of others' stations not only infringe the copyright of the work, but also may constitute unfair competition and bear the law

looking at the copyright legislation process in various countries and regions around the world, Japan's copyright law has been revised 35 times since its enactment, South Korea 17 times, Singapore 7 times, while China's copyright law has only been revised twice since its enactment


Japan is one of the countries with the most perfect copyright protection in Asia. The frequency of revision of copyright law is basically proportional to the degree of perfection of copyright protection

take the background music that has been paid attention to frequently in the past two years as an example. In Japan, the music copyright fee in 2009 was 200billion yen (about 14billion yuan), of which the background music royalties were as high as 80billion yen (about 6billion yuan)

the copyright term of publications and works in the United States after January 1st, 1978 starts from the completion of the author's creation and ends 70 years after the author's death. If there are multiple creators of a work, the copyright will expire 70 years after the death of the last creator

if the work is anonymous or uses a pseudonym, the period of protection is 95 years after publication, or 120 years from the date of creation. In addition, works that have not applied for registration also enjoy the protection of the United States copyright related act


Britain is the first country in the world to enact a copyright law, and its copyright law is a model of the copyright law of the common law system. All literary, dramatic, musical or artistic works, as long as they are first published in the UK, or the author is a British national or resident, are protected by the UK copyright law without any formalities

British Copyright Law only allows the use of works of art such as words, music, paintings or sculptures for scientific research or personal learning purposes. Therefore, in the UK, even if it is only for personal entertainment purposes, the use of its works without the author's consent is also an infringement


authors enjoy the right to use works in any form and obtain economic benefits from them, including the right to perform and the right to copy. According to the French copyright law, the author has the right to pursue the copyright of artistic works. Through the method of high force measurement, that is, after the author's works are sold by public auction or through the distributor, he still enjoys the non transferable right to participate in the distribution

Copyright © 2011 JIN SHI