| Cultural industry plays an important role in promoting cultural exchange and cultural prosperity,promoting economic development and promoting the transformation and upgrading of economic structure.The Eighteenth National Congress of the Communist Party of China made it clear that “to promote the development of cultural industry,and make it become a pillar industry of the national economy by 2020”.The whole cultural industry chain is related to copyright,scientific and reasonable protection of copyright in cultural industry can effectively promote the development of cultural industry.Firstly,this paper clarifies the basic meaning of the cultural industry,and analyzes the promotion effect of copyright protection in the cultural industry on the development of the cultural industry from three aspects: industrial operation,innovations in the cultural industry,and foreign exchange and cooperation.These studies have laid a foundation for the whole paper and made clear the basic direction of related institutional reform.Secondly,by sorting out the general and special systems of copyright protection,this paper summarizes the problems existing in China’s copyright protection system and law enforcement practice that are incompatible with the development of cultural industry.In terms of legislation,the law fails to balance the interests of copyright-related subjects in the cultural industry scientifically and effectively.The administrative liability for copyright infringement stipulated by law is not perfect,and the criteria for the offence of copyright infringement are not reasonable,cannot effectively crack down on the infringement of copyright in the cultural industry,as a result,our copyright law cannot meet the development needs of the cultural industry in the new era.In terms of administrative law enforcement,there is a lack of communication and coordination between China’s copyright administrative law enforcement departments and relevant departments,and the lack of professionalism of copyright administrative law enforcements officials and auxiliary personnel,leading to low quality and efficiency of law enforcement.In judicature,some copyright judges are not professional enough,and copyright cases are not sufficiently centralized,resulting in low quality judicial protection in some copyright cases in the cultural industry.Thirdly,examines the other countries and regions’ legislations and enforcements which with developed cultural industry,such as the United States,France,Germany and other countries,and Hong Kong,China,and Taiwan,China.In these legislations and enforcements,the mechanism of copyright interests balance,copyright infringement punishment way and strength,copyright law enforcement and judicial professional communication and coordination mechanism,the copyright construction experience,are well worth China to learn.Finally,puts forward some suggestions on how to improve the copyright protection in China.In terms of legislation,it is necessary to balance the interests of all parties involved in copyright protection in the cultural industry,improve and perfect the administrative liability for copyright infringement,add qualification penalty to the Administrative Penalty,restrict or deny the operating qualification of serious infringers,and create a favorable market environment for the development of the cultural industry.In addition,the criterion for the Copyright Infringement Crime should be relaxed,to intensify the crackdown on copyright infringement in the cultural industry and promote the development of the cultural industry.In terms of administrative law enforcement,the communication and coordination between copyright administrative law enforcement departments and relevant departments should be strengthened,the professional construction of copyright administrative law enforcement personnel and administrative law enforcement auxiliary personnel should be strengthened,to improve the quality of copyright administrative law enforcement protection in cultural industries.In judicature,we should strengthen the professional construction of copyright judges and deepening the reform of the centralized jurisdiction of copyright cases,so as to improve the level of copyright judicial protection in the cultural industry. |
