Toward An Optimal DRM Regulatory Model in China: An Analysis of the U.S, Europe and China

In the scramble for an adjustable and effective copyright law mechanism that can successfully tackle the impediments created by the internet and other new technologies, China began exploring various legal reform models that are in alignment with international conventions and treaties and that is desirably relevant to the mounting demands of the developing Chinese socio cultural and economic setting. In the frantic search for an unassailable solution, China simply borrowed legislative approaches from developed societies, such as the U.S and the EU; China enacted a set of statutes, regulations, and judicial interpretations for the DRM regulatory model mainly through the domestic implementation of international obligations and legal transplant. The transplantation of the DRM model to advance the struggle of copyright protection in China seems somewhat futile owing to the daunting challenge of implementation which has been rather unsatisfactory. The unanticipated technological expansion that is marked by the advent and growth of internet and other groundbreaking innovations caught the legal system largely unprepared and has had many unintended ramifications on copyright laws creating many complications that jeopardizes the efficacy of the most comprehensive international copyright regulatory model. The transplantation and implementation of international copyright regulatory framework by China has been rendered leading to escalating concerns about borrowed laws from other jurisdictions. More than ever, there is an overwhelming need for careful evaluation and scrutiny of foreign regulatory model against the extent of its applicability and relevance in local context. Based on the comparative analysis and the research outcomes, This thesis tries to figure out Direct and indirect strategies for predicament in which China’s legal system has been trapped and also explores to sketch the outline of tentative DRM regulatory model in China to consider.