Framing the Dialogue by Revisiting Fundamental Principles for Indirect Copyright Liability in China: History, Economics and Tort Law Analysis

Authors

Xiao MA, Huazhong University of Science and Technology School of Law

Abstract

The issue of indirect copyright liability has been debated for many years, particularly with the rise of technological advancements like cloud computing and artificial intelligence (AI). China has frequently revised its laws and regulations to address copyright–related cases, often drawing from the experience of the common law system. However, this has sparked stakeholder disagreement on implementing filtering obligations for online services, raising the duty of care for online intermediaries, and whether safe harbor rules are still relevant.

This Article argues that the current regime of digital copyright liability rests on three pillars: historical, economic, and tort law theories. The author adopts a multifaceted perspective to search for a common ground across different jurisdictions to facilitate legal transplantation in China. By considering both the cyber and physical worlds, the study demonstrates that a theoretical foundation can be established for harmonizing copyright law in the face of digital challenges.

Furthermore, this Article provides a detailed and feasible framework and roadmap for digital China, proposing modifications to copyright law and long–neglected tort law principles. It emphasizes the importance of considering historical context, market conditions, and existing legal systems when transplanting or transforming laws. Overall, this study contributes to a comprehensive and pertinent discussion on the issue of indirect copyright liability.

Recommended Citation

Xiao MA, Framing the Dialogue by Revisiting Fundamental Principles for Indirect Copyright Liability in China: History, Economics and Tort Law Analysis, 33 U. MIA Int’l & Comp. L. Rev. 91 (2025)
Available at: https://repository.law.miami.edu/umiclr/vol33/iss1/5