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Copyright and the Public Interest in China

Copyright and the Public Interest in China
Author: G. H. Tang
Publisher: Edward Elgar Publishing
Total Pages: 305
Release: 2011-11-30
Genre: Law
ISBN: 0857931075

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'This brilliant amalgam of law, history, social analysis and some Confucian philosophy argues for a distinctive Chinese approach to copyright and the public interest, aligning not only the Western commitment to individual creativity but also supporting public access to and use of works without the consent of the copyright holder. The argument involves fascinating analysis, not only of evolving Chinese attitudes to education, libraries, archives and censorship, but also of the profound significance of the Internet in China today.' Hector MacQueen, University of Edinburgh, UK 'Guan Hong Tang's book offers a fresh, insightful and scholarly treatment of the relationship between the law of copyright and the public interest in China. Copyright legislation in China is a novelty, dating from 1990, and Dr Tang provides a vivid overview of the historical and cultural tensions between traditional Chinese Confucianism and the very concept of copyright, tensions which more recent legislation and case law seek to address.' Gillian Davies, Hogarth Chambers, UK Guan Hong Tang expertly highlights how the multidimensional concept of public interest has influenced the development and limitations of Chinese copyright. Since 1990 China has awarded copyright individual rights but also provides for public, non-criminal enforcement. The author reveals that pressures of development, globalisation and participation in a world economy have hastened the loss of public interest from copyright. However, for a socialist country, placing the common ahead of the individual interest, the public interest also constitutes a phenomenological tool with which to limit copyright. The author also discusses how the rise of the Internet, which has had a major social and economic impact on China, raises problems for Chinese copyright law. Comparing Chinese copyright law with the USA and the UK, topical issues are presented in this unique book including those arising within education, library and archives sectors. This insightful book will strongly appeal to students and researchers in IP law, comparative law, Chinese studies, international commerce and information science. It will also prove invaluable for lawyers and consultants with expertise in IP and China.


Conceptualizing Copyright Exceptions in China and South Africa

Conceptualizing Copyright Exceptions in China and South Africa
Author: Jia Wang
Publisher: Springer
Total Pages: 268
Release: 2018-03-01
Genre: Law
ISBN: 3319718312

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This book critically evaluates the current copyright law system in a digital environment from a comparative perspective. Since many developing countries modelled their copyright laws on more advanced jurisdictions, they have not benefitted from such a law as much as intended due to their inherently embedded social economic conditions. Moreover, the copyright law system has been under constant challenges from rapidly developing digital technology and the Internet. All in all, there is a pressing need for developing countries to reevaluate their copyright law in light of their national needs, the developmental stage of their economy, their culture and tradition, and their legal system. The book poses the question of whether copyright law should be reformed to fulfill its fundamental purpose of serving education and research that are in the public interest in the digital era? It examines whether the legal frameworks adequately address developing countries’ educational and research requirements in view of the opportunities and restrictions posed by electronic communication media. Further, it provides a comprehensive study that addresses the various critical issues relevant to the reform of the copyright law system and offers recommendations for developing countries to revamp their copyright law system to better serve their education and research sector.


Copyright Law in China

Copyright Law in China
Author: Chengsi Zheng
Publisher:
Total Pages: 360
Release: 1991
Genre: Business & Economics
ISBN:

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Copyright and the Public Interest in China

Copyright and the Public Interest in China
Author: Guan Hong Tang
Publisher:
Total Pages: 301
Release: 2009
Genre:
ISBN:

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This thesis will consider how the multidimensional public interest concept at once informs development of Chinese copyright law and also limits it. Since 1990 China has awarded copyright - individual rights - but also provides for public, non-criminal enforcement. Bowing to pressures of development, globalisation and participation in a world economy, the public interest is leaving copyright. But at the same time, as a socialist country, placing the common ahead of the individual interest, the public interest also constitutes a phenomenological tool with which to limit copyright. The tensions are further exacerbated by the rise of the Internet, which has had major social and economic impact on China, and also raise problems for Chinese copyright law, of which selected aspects will be discussed in comparison with those in the United Kingdom and the United States. The thesis consists of an introduction and a conclusion, together with six chapters: a historical background of legal culture and the rise of the Internet in China; an examination on copyright law and the different aspects of the public interest; discussions on the Chinese system of copyright protection with a focus on the administrative copyright enforcement, and topical copyright issues arising within education, library and archives sectors on the ground of the multidimensional public interest.


Landmark Copyright Cases in China

Landmark Copyright Cases in China
Author: Luo Dongchuan
Publisher: Kluwer Law International B.V.
Total Pages: 290
Release: 2018-11-20
Genre: Law
ISBN: 9041191267

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With China’s third major amendment of its Copyright Law now well underway, the international significance of China’s handling of copyright matters comes into clearer focus. This book, an English translation of Chief Judge Luo Dongchuan’s recent selection and detailed analysis of twenty-five landmark copyright cases decided by the Chinese courts in the past few years, provides an in-depth understanding of the fundamental theories of copyright as interpreted in current Chinese jurisprudence and of the sophisticated balance of interests among copyright owners, communicators of works and the public domain in China. Following a comprehensive introductory chapter on the Chinese copyright system, both administrative and judicial, the presentation proceeds with annotated English texts of cases that determine the nature of a copyrightable work and elaborate on how copyright may be infringed under Chinese law. The subject matter of the cases includes such typical internationally important elements as the following: • architectural works; • sport; • music videos; • typeface libraries; • technical standards; • expressions of folklore; • Internet TV; • liability of service providers; • online rebroadcast; • revision of computer software; and • layout designs of integrated circuits. In addition to the texts and Dr. Luo’s analyses, each case study includes comments from the exact judge of the particular case offering the reasoning for the decision. The value of this book to non-Chinese enterprises and individuals with Chinese connections or prospects is immeasurable. There are no peers for this book. Every professional, official, policymaker or academic interested in international copyright will welcome its prodigious first-hand communication about one of the most crucial aspects of global trade relations.


Copyright and International Negotiations

Copyright and International Negotiations
Author: Ge Chen
Publisher: Cambridge University Press
Total Pages: 291
Release: 2017-05-18
Genre: Law
ISBN: 131673806X

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Copyright and International Negotiations provides a historical study of the development of Chinese copyright law in terms of China's contemporary political economy and the impact that international copyright law has had. The analysis shows how China's copyright system is intertwined with censorship and international copyright law and how this has affected freedom of expression. China still enforces an old censorship regime that clamps down on free expression despite a modern system of copyright rules which should function as an engine of free expression. The book explores the development and architecture of Chinese copyright law in parallel with international copyright law, clarifies China's nuanced patterns of the control of free expression through copyright law, and identifies a breakthrough for neutralising the impact of China's censorship policies through copyright law.


Technology and the Public Interest

Technology and the Public Interest
Author: Haochen Sun
Publisher: Cambridge University Press
Total Pages: 205
Release: 2022-04-21
Genre: Law
ISBN: 1108416969

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A new approach to developing and applying technology in the public interest.


New Challenges of Chinese Copyright Law in the Digital Age

New Challenges of Chinese Copyright Law in the Digital Age
Author: Seagull Haiyan Song
Publisher: Kluwer Law International B.V.
Total Pages: 106
Release: 2011-01-01
Genre: Law
ISBN: 9041137939

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"Under what circumstances should Internet Service Providers (ISPs) be held liable when copyrighted material is made available over the Internet without authorization of rights holders? Is Google's controversial Library Project to scan millions of books into digital format an ambitious plan for public good or is it just another format of copyright infringement under the digital age? When audience enjoys watching live broadcasts of sports events, who are the rights holders behind the scene, and how do they protect their rights and interests from being infringed? All these questions have become highly important under the digital age, and therefore drawn serious attention from legal scholars and legislators worldwide. For direction, the world looks to influential legal regimes arising from the U.S. copyright law, the EU Directives, along with the jurisprudence and legal theory that attaches to each. But the world also looks to China, where a rapidly evolving legal regime holds its own course. This very useful book compares the legislation and case law of Chinese copyright law with those of the United States and European countries, focusing on three subjects - the liability of Internet Service Providers, the 'fair use' versus 'fair dealing' copyright doctrine, and the copyrightability of live sports telecasts - all of which are unsettled questions of law under the existing copyright regime"--P. [4] of cover.


Copyright and the Public Interest

Copyright and the Public Interest
Author: Gillian Davies
Publisher:
Total Pages: 508
Release: 2002
Genre: Copyright
ISBN: 9780421742901

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Previous edition, 1st, published in 1994.