Research On Copyright Protection Of Digital Cultural Industry In My Countr

In the context of the new era of information culture,China needs the guidance of socialist culture with distinctive characteristics.The prosperity and prosperity of the cultural industry support the great rejuvenation of Chinese civilization,and strengthen the cultural confidence of the Chinese people.The digital cultural industry,as a new form of business with a broad mass base,advanced information technology,and rich cultural content,plays an important leading role in promoting cultural prosperity,disseminating socialist core values,and enhancing the position of Chinese culture in global culture.The digital culture industry is a composite industrial form that integrates multiple disciplines.Currently,research on the industry has been conducted in fields such as management,literature,and information technology science.The digital culture industry can not develop healthily and well in the economic and cultural fields without the protection of the legal level,especially the copyright law protection in the intellectual property law,which is closely related to it.The use of copyright law can provide layer by layer protection for multiple links such as digital cultural products and industrial chains,but there is currently limited research on legal aspects.The digital culture industry includes multiple detailed industries,and there have been some achievements in copyright protection research for each specific industry.However,from the overall level of the industry,there is still a gap in copyright protection research that exists in the industry.Whether it is legislation,law enforcement,or judicial processes,there are problems that affect the progress of the digital culture industry.Essentially,the core issue of copyright protection in the digital culture industry lies in the imbalance of interests among multiple parties,which is caused by various reasons,including but not limited to the development of information technology reducing infringement costs and simplifying procedures,and the inability of existing legal systems to regulate new social relationships and solve new problems.The above issues have exposed the shortcomings of copyright protection in China’s digital culture industry.Based on learning from the protection experience of the United States and the European Union,and combining with the actual situation in China,specific suggestions are proposed for the problems in the three dimensions.The paper explores the following parts in order to ensure the stability and development of the copyright protection system in the digital cultural industry.The first part introduces the basic situation of the digital culture industry,such as its concepts and characteristics,and clarifies that the research object is the copyright protection of the digital culture industry formed by the combination of market-oriented digital information technology and cultural content from the perspective of the overall industry;The second part is to study the current status of copyright protection in the digital culture industry,which includes two parts: the domestic status and the foreign status.The domestic part introduces the specific situation of protection from the three dimensions of legislation,law enforcement and justice respectively,combining the existing laws,regulations,judicial interpretation provisions and national policies.The foreign part mainly studies the laws and policies related to copyright protection in the digital culture industry in the United States,the European Union,and analyzes their characteristics to summarize experience;The third part is to analyze the common protection issues that various industries in the digital culture industry will encounter,first analyzing the external problems manifested in various dimensions,and then analyzing the internal reasons for many problems.The legislative issues include improper connection between the newly revised laws and existing rules and regulations,inability to accept and protect new objects,outdated transaction models that cannot meet market efficiency,and the abuse of the safe haven principle closely related to the digital culture industry;At the level of administrative law enforcement,there is a slight overlap in the management responsibilities of multiple departments,and a certain threshold is set for administrative law enforcement;There are issues with the application of law,the identification of new evidence,and the punishment and compensation of defects in judicial protection;The fourth part is based on practice,summarizing foreign regulations,and proposing specific solutions to the above issues: improving the legislative protection system,enhancing administrative law enforcement capabilities,and encouraging the application of new technologies in judicial practice to solve legal problems.