German Copyright Law Modification And Implementation Of Research

The current German copyright law was implemented in 1966, together with another laws, such as implementation law of copyright law adjust the copyright law relations. Since 1985 German copyright law has began to provide protection for computer program designer and to regulate tax of blank tapes and copier equipments, in order to improve copyright protection. In the year of 1990, the ?anti-piracy law"was enacted to strike with piracy and other copyright infringements effectively. At the same time, the protection term for the neighboring rights of performers was extended to 70 years. Since the beginning of the twentieth century the integration process of European copyright has been accelerated gradually. In 2001 EU issued copyright Directive to require Member countries to amend national laws within certain term to achieve the consistent of copyright law among European countries and to promote the development of copyright law in information society. In this context, Germany as one of the most important EU forces began to modify is national copyright law in order to finish the amendment with the given term. The first part of this paper gives a general overview of German copyright law and the second part describes and analyzes specially the reform process of germen copyright law in information society and its implementation. The reform process is divided into three stages, so called the first, the second and the third basket. In the first stage the new right of copyright holder– the communication right in internet and technical protection measures are introduced and the provisions for performer's rights are modified. The second revision focused on the following four points: 1. private copying and its compensation system; 2. the unknown using type of works; 3. strict limitation for copying in education institutions and the transmission of electronic copies through libraries; 4. mediation system of copyright disputes. The third stage of reform is still ongoing. The focus of this paper is to introduce and analyze the second stage of copyright reform in information society, including interpretation of key provisions of this stage and its implementation. The third part will introduce the third revision of copyright law in China briefly and give some personal ideas to the revision comparing with germen regulations and solutions on same problems.Finally the conclusion will be given, through the understanding of German copyright law and is implementation, which basic principles and approaches should be hold by Chinese law maker during the third revision of copyright law.