A Comparative Study On Copyright Law Between China And France

Copyright law aims to protect authors’ rights, to encourage literary creation andcultural diffusion. Nowadays, the improvement of fine qualities of people, thedevelopment of knowledge economy and the construction of cultural power becomeimportant missions of countries, which makes the copyright law an important role.Countries can learn from each other in the field of copyright protection. France is a civillaw country with rich cultural activities, it shares a similar legal tradition with China,besides, and it has a mature copyright law system. All the factors mentioned abovemake the study and research on France copyright law system valuable to provideexperience for perfecting the copyright law of China. This thesis is written to study thecopyright laws of two countries in the way of comparison and hoped to get someinspiration from the comparison.This thesis is composed of seven parts.The first part is the comparison of copyright law systems of both China and France.The comparison begins with the history of two systems and analysis is made on thechanges and development in copyright law field. This part gives a clear view ofcopyright laws, rules and codes of two countries. Besides, comparison is also made onthe structural differences between Intellectual Property Code of France and CopyrightLaw of China. All the comparison above is meant to show readers outlines of bothcountries’ national copyright law system.The second part is the comparison of copyright objects in both systems.Comparison is made from the points of the definitions of works, the works underprotection and the works out of protection. From the comparison, we can find thatFrance laws give a larger extent to objects under protection than that of China and bothcountries legislate from the conditions of themselves which show their own characters.The third part is the comparison of copyright subjects in both systems. Comparisonis made among three kinds of copyright subjects, which are authors, people enjoying thecopyright and foreigners, to tell the differences on subjects between two countries. Atthe end of this part, a research on subjects of works created by employers for completetheir duties is made and suggestions are given to perfect China’s copyright law system. The fourth part is the comparison of right contents. Description and comparison ismade in field of right contents.Right of regret is a special right of author in laws ofFrance while no right alike is found in laws of China.The right of regret can be realizedand protected only under the condition that a well-working collective protection systemfor authors rights has been established, which, for China, there is still a long way to go.The fifth part is the comparison of restrictions on copyrights in both laws. Francelaws give details of different conditions for right restrictions, in total, nine conditionsare listed. Comprising to France, China is suggested to give more details on rightrestriction conditions.The sixth part is the comparison of the infringement liability in both laws.Comparison is made in aspects of behaviors and responsibilities of infringement, alongwith civil and penal ways to remedy. France takes a strict attitude to all infringingbehaviors, from which China can learn a lot.The seventh part draws conclusion from the comparison above. China and Franceshare the same legal tradition and both countries legislate from the conditions ofthemselves, but China is suggested to go further in perfecting its copyright law system.The conclusion drawn from the comparison is that China should be more flexible inlegislation while keeping its own characters.