A Comparative Study On Copyright Law Between China And Japan

Copyright law is an optimum mechanism that stimulates knowledge creation and knowledge dissemination and it is also a guarantee for knowledge and information sharing. With the arrival of knowledge economy era, countries around the world all strengthen knowledge creation, dissemination and sharing by reinforcing copyright law. As a civil law country and the only one developed country in Asia, Japan is a nation"built on intellectual property". Apparently that we can learn from its updated copyright legal system. This thesis tries to perceive and analyze the copyright legal system from the perspective of comparative law and hopes to learn from comparison and make innovation.This thesis is divided into seven parts.The first part is the comparison between copyright legal system of China and Japan. It begins with the aim and value orientation of copyright legal system, along with the historical origins and reforms of copyright legal system of China and Japan. Then, both the main works of copyright legal system of China and Japan are listed in tabular form. Besides, a comparison of structures between copyright law of China and copyright law of Japan is made in order to get a macroscopical and general idea of both laws.The second part is the comparison of subject of copyright in both laws. Firstly, the system of main body of copyright law of Japan is explored from three aspects, namely, the author, people except the author, and the foreigners. Then, the similarities with copyright law of China and differences from it are pointed out. Lastly, a key explanation is made on the affiliation of unity works and service works. Through the comparison of the different provisions in China and Japan, a suggestion that the division of unity works and service works should be cancelled in China and both of them be treated with the same standard.The third part is the comparison of the object of copyright in both laws. The demarcation standard of different works, the types of works under protection, and the works without protection and illegal works are introduced successively. The types of works and the way of protection that stated in our copyright law is quite characteristic. For instance, it is stated that traditional folk art is protected. And laws are made to protect computer software works and folk literature is included in the copyright legal system.The fourth part is the comparison of the right contents of both laws. The right content is the core system of copyright laws. Firstly I would point out that personal right and property right are included in copyright law of Japan, but with different names from Chinese. Then, brief comments are made on each right and the focus is put on the different rights in the copyright laws, for example, the right of disseminating information among public and the possibility right of dissemination in copyright law of Japan.The fifth part is the comparison of the rules of restrictions of copyright. This is also the part committing most to writing in this paper. Restrictions of copyright in Japan's copyright law are of rich contents, including rules of fair use, statutory licensing and compulsory licensing, while our current copyright law makes no provision for compulsory licensing.The sixth part is the comparison of the infringement liability. Focusing on "conduct regarded as tort" in copyright law of Japan, this part analyses the civil, administrative and criminal remedies of copyright infringement.The seventh part draws some overall conclusions on the basis of a comparison on copyright laws between China and Japan: The two copyright laws have the same legal tradition, on the mean while, each embodies its own national characteristics. Moreover, there is also a gap between systematicness and strain capacity of the two laws. On this basis, the last part of the thesis gives some inspirations: the copyright law of China needs a comprehensive amendment; some useful specific rules, as well as advanced legislative technology in copyright law of Japan, can be absorbed directly. At the same time, we should adhere to our own advantage and characteristics, getting close to China's national conditions.