China and the Internet: Toward a New Paradigm for Copyright Protection in the Digital Age

Abstract

This thesis delves into how a new paradigm for the protection of digital copyright could be ushered into China. Chapter II first draws a comparison between the Chinese copyright law and the WIPO Treaties 1996 in respect of the right of reproduction, the right of communication to the public, the protection of technological measures and rights management information, limitations or exceptions, and the enforcement of rights. It shows that the Chinese copyright law has by and large set out WCT/WPPT-compatible standards for the protection of the right of reproduction, the right of communication to the public, limitations or exceptions, and the enforcement of digital copyright. The Chinese copyright law, however, is not in line with the minimum standards with respect to the protections of technological measures and rights management information set forth in the WIPO Treaties 1996. Chapter III then examines the trends in the future international copyright protection on the basis of the recent major lawmaking activities taken place in the three copyright standard-setting fora - WIPO, WTO and FTAs. It also canvasses the WCT/WPPT- and TRIP-plus standards that have been and are being proposed to be created by these lawmaking endeavors, and considers the ramifications of these sweeping standard-setting efforts for the future international copyright regime. Based upon the conclusions drawn in the above discussions, Chapter IV explores how China should bridge the gap between her copyright law and the WIPO Treaties 1996 and follow the future trend in the protection of digital copyright. A host of forward-looking, balance-oriented proposals for the overhaul of the current Chinese copyright law are put forward in this Chapter, discussing how China should broaden the scope of the reproduction right, clarify the extent of indirect liability of Internet intermediaries, and enhance the protection of technological measures and rights management information.