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Copyright’s communication policy over cable retransmission ---A comparative study of US, EU and China

Zhang, Chen 2019. Copyright’s communication policy over cable retransmission ---A comparative study of US, EU and China. MPhil Thesis, Cardiff University.
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This thesis is aiming at providing an analysis of the problems contained in China’s current legal framework that governing the broadcasting market and further provide a concrete proposal for legislative reform. In particular, this thesis will examine two possible approaches, firstly, whether the US or EU regulatory approach can be transplanted into China in the cable retransmission market, and secondly, whether such regulatory models can be adjusted and applied in the internet streaming market of China. This thesis argues that given the state-owned nature of broadcasters and cable operators, it is inapplicable and practically unrealistic for China to adopt statutory licensing system to regulate the radio and television market as in the US and EU. And the dual-function of the content regulator further extents the administrative monopoly into the internet streaming market and causing the same dilemma. This thesis also argues that the statutory licensing scheme is inefficient as a regulatory tool under the current Chinese copyright law. The administrative monopoly created by the semi-governmental, semi-corporate nature of copyright collective organizations has led to chaos in their internal management, and further weakens the legality and reduce the efficiency of the statutory licensing regime. Meanwhile, the provisions concerning online transmission in Chinese copyright law also contains loopholes. The standard adopted by the court in identifying infringement cannot provide adequate protection to the copyright owners. This thesis argues that procedural rules shall be specified in the statutory licensing scheme and enforced against the state-owned broadcasting stations and copyright collecting societies. Provisions of the right of broadcasting and right of communication on the information networks shall be reframed so as to remove the technological obstacles in identifying online retransmission activity.

Item Type: Thesis (MPhil)
Date Type: Completion
Status: Unpublished
Schools: Law
Subjects: K Law > K Law (General)
K Law > KZ Law of Nations
Uncontrolled Keywords: communications policy; socialist market economy; China; copyright law; statutory licensing; transaction cost; online streaming; right of communication to the public
Date of First Compliant Deposit: 12 February 2021
Last Modified: 26 Oct 2021 01:39

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