China: Copyright law in digital age.

摘要

The Copyright law system is facing a huge challenge brought by the digital technology. During the struggling process, copyright law must keep the balance between effective protection of copyright holders' intellectual property rights and reasonable assurance of the public interest in access to information products. From the perspective of economics, the United States emphasizes the protection of copyright holders' right, while the European countries and China seem favor the right of the public. This paper compares the different approaches that the United States, European countries and China use to recognize the digital transmission for the purpose of copyright law. The Internet Service Providers' liability is discussed under the different legal regimes. The statute instruments, the Digital Millennium Copyright Act, the European Directives and the Interpretation of Laws on Solving Online Copyright Dispute , are the focuses. A provision of the Chinese judicial interpretation is analyzed along with specific on-line acts.