Research On Legal Problems Of Digital Publishing In China

Digital publishing is an activity of publishing digital content. Itperfectly fusions the technology and the content, which meets the people’srequirements of reading and enjoying better. Also it impacts the copyrightsystem and publishing system which built up in the traditional printing andpublishing conditions. In our country, digital publishing has been valuedby the relevant departments of the State, and incorporated into nationaldevelopment planning. The relevant departments have issued guidance andnormative documents to regulate the development of related industries.Because of the complexity of digital publishing itself and the lag of theexisting legal regime, China’s digital publishing legal construction is weak,and which seriously threats the healthy development of the digitalpublishing industry. So in this essay the author sets out the existing legalproblem of China’s digital publishing, provides comments and suggestionsto improve and perfects the digital publishing system from the overalllevel and institutional level. The essay consists of four parts:PartⅠ Digital publishing and digital publishing industry. In this part,the author makes clear of the definition and characteristics of the digitalpublishing and analyses the relationship between the digital copyrightlaws. The characteristics of the digital publishing lead to many new legalproblems coming out. The setting out the development of the digitalpublishing industry provides the context to discuss the problem of digitalpublishing.PartⅡ Legal status of digital publishing at home and abroad. This part discusses the legal status of digital publishing by introducing thedigital rights licensing system, the digital rights transfer system, thecopyright collective management systems and the copyright transactionssupporting mechanisms. On introducing the domestic publication law andcopyright Law, the author finds out many deficiencies of the digitalpublishing by describing the existing traditional copyright regime. Onintroducing the foreign publication law and copyright law, the authorintroduces the legislations of many foreign countries.PartⅢ The existing legal issues of China’s digital publishing. Theauthor analyses the existing legal issues of China’s digital publishing fromsystem level and operational level. The author explores the digitalpublication of legal construction on the perspective of digital copyrighttransactions, which is the easiest part to breed the legal risk. This partanalyses the defects of the copyright trading system itself, examines thegaps in the running of the copyright trading system, and finally faces thebottleneck of China’s digital publishing industry.PartⅣ The thinking of the improvement of China’s digital publishinglegal system. With the opinion of balancing the interests of all parties andcoordinating the technology development and copyright protection, theauthor issues the solutions by three aspects, including the improvement ofthe basic legal system on digital publishing, the improvement of the digitalrights licensing system and the improvement of the digital rights transfersystem. On the basis of exploring the improvement of the basic system,the author puts forward feasible suggestions on the licensing system andthe transfer system and puts forward complete program of China’s digitalpublishing legal system.