A Comparative Study Of The Cross-border E-commerce Copyright Infringement Rules In China And The United States

With the continuous advancement of network technology and the innovation of corresponding business models,since the 21st century,e-commerce has exploded globally.However,in the process of cross-border e-commerce business,Chinese cross-border e-commerce operators have be facing many intellectual property risks.Since 2012,there have been more and more intellectual property infringement lawsuits filed by US rights holders against Chinese cross-border e-commerce sellers,and the US rights holders have become the main overseas rights defenders in this area.For example,several US law firms,such as GBC(Greer Burns&Crain LTD),have filed a large number of GBC lawsuits against cross-border e-commerce operators in China as agencies.Moreover,since the spread of information in cross-border e-commerce is characterized by transnationality and intangibility,how to deal with the difference between copyright laws in China and the United States and establish a corresponding risk response mechanism have become a problem that needs to be studied.This article aims to analyze the nature and characteristics of copyright infringement disputes between China and the United States in cross-border e-commerce;and analyze the differences in the copyright rules between China and the United States related to cross-border e-commerce from different perspectives,such as the basis of law rules and specific legal issues,laying the foundation for the construction of related international coordination mechanisms.In the first chapter,it discusses the cause and nature of copyright disputes in cross-border e-commerce between China and the United States.Firstly,it outlines the status and coordination problems of cross-border e-commerce copyright disputes between China and the United States.Secondly,e-commerce can be divided into indirect e-commerce that uses the Internet only as a means of information communication,and direct e-commerce in which the transaction process is conducted electronically,and the final product is also transmitted to the buyer in the form of data.The copyright issues arising from these two e-commerce models have different characteristics.The former is similar to the copyright issue in traditional cross-border trade,while the latter is closely related to the application of digital technology and the cross-border flow of information.Thirdly,in cross-border e-commerce,copyright infringement disputes not only originate from the contradiction between the international demand for intellectual property and the regional restrictions of intellectual property law,which caused difficulties in the establishment of an international resolution mechanism for intellectual property conflicts;but also come from new problems arising from the conflict between different industries' pursuit of communication efficiency and licensing efficiency under the digital environment,and the difference in the recognition of the legal status of the new benefit-sharing subject between different countries has deepened the gap in relevant international coordination.In the second chapter,it analyzes the basic differences in the copyright laws related to e-commerce in China and the United States.Firstly,the value orientation of the copyright law between China and the United States is different,as well as the legal nature of prohibited works,which will affect the handling of copyright issues about transnational transactions of prohibited works.Secondly,there are differences between China and the United States on the object of copyright,especially in issues such as recording works,neighboring rights system,and audiovisual works,which will affect the object status of new digital products in different countries.Thirdly,the overall structure of copyright property rights in the digital environment between China and the United States is very different,which is reflected in both the direction and extent of expansion.This will have an impact on the way the two countries handle the new copyright issues in cross-border e-commerce.Fourthly,there is a difference in the right of reproduction in the digital environment in the Chinese and the United States,and there may be conflicts in handling some issues such as temporary copying and final-user accountability.Fifthly,there is a big difference in the structure of the right of communication system under the digital environment between China and the United States.They respectively adopt two different approaches:additional legislation and implied legislation.And the connotation and extension of related rights are different,such as the right of distribution,the right of performance,and the right of exhibition,which makes the copyright issues caused by digital communication technology in cross-border direct e-commerce more difficult to deal with.In the third chapter,it analyzes the differences in the specific problems caused by cross-border e-commerce between China and the United States.Firstly,it analyzes the problems in indirect e-commerce:1)the differences in the handling of copyright infringement issues arising from the sale of physical products that infringe copyright;and 2)the parallel import of physical products,which reflect differences in the doctrine of exhaustion of right and territoriality between China and the United States copyright law.Secondly,it analyzes the problems arising from digital products in direct e-commerce,including differences in legal protection of electronic databases,differences in copyright protection of multimedia such as e-commerce web pages,and differences in the protection of the integrity of electronic rights management information.Thirdly,it analyzes the problems arising from digital communication technologies in direct e-commerce,including the characterization of network links and the use of P2P technology,and the regulation of behaviors that disrupt technological protection measures.