Abstract
Online video industry in China has different features from that in the USA, users’ habit of little respect for copyright, lack of diversified business models, restricted market access to cultural industry, strong censorship of contents and fierce competition make the copyright infringement in this industry more complicated. Such complicacy, together with the relevantly less independent judiciary make Chinese judges more pragmatic in applying laws. Painstaking localization of tans-planted legal rules concerning right of communication through information network has been undergoing in Chinese courts to overcome rigidness of technical provisions and structural deficiency caused by introduction of transplanted legal rules. By referring to “other rights”, temporary solution has been found to overcome the gap between broadcasting right and the right of communication through information network; by flexible combination of server test and user’s perception test in determining the direct infringement of right of communication through information network, online video providers have been forced to reform their operations and explore new business models; and based on the experience of many courts’ practice, the Judicial Interpretation (2012) has improved the coherence of the transplanted safe harbor rule and the current joint liability regime. In the long run, such painstaking efforts of localization are valuable.
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