The third revision work of China’s Copyright Law has recently been started. In current Copyright Law, conflicts and disputes still exist besides the inharmony between traditional environment and network environment. The writer named Gong Shiyou put forward the following revision ideas from the view of system setting.

Overall revision---try to improve copyright law system

China’s copyright law system mainly consists of laws, administrative regulations and judicial interpretations, and copyright law is the core. However, there exist conflicts among the current copyright law, corresponding administrative rules and judicial interpretation.

Therefore, revising copyright law should not be limited to the law itself. It is necessary to fully evaluate, draw lessons from and absorb relevant rules in corresponding administrative regulations and judicial interpretations. It also need delete too specific contents in copyright law. After the completion of the revision work of copyright law, the State Council and the Supreme Court should timely clear relevant rules and interpretations.

Considering national conditions---adapt to the development requirements of the economy and society

As an important civil law system, copyright law should base on the Constitutional Law and the protection level to right holders should be on speaking terms with national conditions. It is inappropriate to keep abreast with developed countries in IP protection standards, particularly in the protection of temporary copy and technological measures.

Integrated design---give attention to both traditional environment and network environment

With the development of digital and network technologies, traditional copyright law system confronts more challenges. The carriers of works, performances and phonograms become electronic data files, which makes duplication and dissemination much easier. Meanwhile, infringement phenomenon becomes more common. Thus, revising copyright law must newly mark out right system of holders and study how to reasonably extend limitations and exceptions to copyrights under traditional environment to digital and network environment.

Resolving problems---eliminate institutional barriers in the practice

First, it is better to eliminate phonograms from copyright law because of the conflicts with performers’ performances. Second, delete the authorization requirements to the copyright protection measures to folk and literary and artistic works. Third, weaken the administrative protection to copyrights. And the last, resolve the inclusion relation between right of signature and electronic right management information.

（Source: IPR in China）