A Comparative Study of Copyright Protection and the U.S. in the Context of U.S. China Trade Disputes PDF Download

Author: Lin Zhu
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 0

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Author: G. H. Tang
Publisher: Edward Elgar Publishing
ISBN: 0857931075
Category : Law
Languages : en
Pages : 305

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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.

Author: Defen Ho
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 346

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Author: Seagull Haiyan Song
Publisher: Kluwer Law International B.V.
ISBN: 9041137939
Category : Law
Languages : en
Pages : 106

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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.

Author: Jiangbin Liu
Publisher: Maryland Series in Contemporary Asian Studies
ISBN:
Category : Law
Languages : en
Pages : 216

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Author: Hsiao-Yin Josephine Hsueh
Publisher:
ISBN:
Category : Agreement on Trade-Related Aspects of Intellectual Property Rights
Languages : en
Pages : 274

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This study examines the development of copyright protection in Taiwan, from cultural, political, historical and legal points of view and from a variety of sources, including in-depth personal interviews with government officials, lawyers, scholars and officers of intellectual property protection organizations who have either participated in Taiwan's copyright reform or in the copyright negotiations with the United States. This study also explores underlying factors behind Taiwan's copyright revolution from the perspectives of press theories and intellectual property theories. The author finds that copyright infringement of foreign and domestic works were rampant in Taiwan throughout the second half of the twentieth century because of several historical factors: political, legal, and economic concerns. But lack of the concept of copyright or intellectual property in general in the society was the underpinning factor. In other words, there has been a huge cultural difference between the West and Taiwan in the aspect of intellectual property protection throughout the history of their respective civilizations. This helps explain why copyright piracy was not a concern among the Taiwanese citizens and the Taiwan government until the United States started to pressure Taiwan for improvement with the threat of trade sanctions. Forces behind Taiwan's copyright reform included external/foreign pressure as well as internal/domestic forces. In addition to providing a comprehensive history and analysis of the copyright dispute between the United States and Taiwan and creating a whole new understanding of Taiwan's copyright reform and the copyright disputes between the two nations, this study also reveals that underlying the comprehensive history of the copyright disputes between the United States and Taiwan, there are the missing elements within the literature about policy toward intellectual property rights in a free or controlled press/speech system. And those elements are important in helping scholars more comprehensively understand how each press/speech system is conceived and operates. Most previous literature that discusses free and controlled press systems does not comprehensively explain the importance of intellectual property rights within each tradition. This study suggests that literature should include more intellectual property rights traditions in understanding both press/speech systems.

Author: Shayerah Ilias
Publisher: Nova Publishers
ISBN: 9781604565621
Category : Business & Economics
Languages : en
Pages : 84

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Book Description
Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.

Author: Peng Zheng
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
Chinese copyright protection in the digital environment has been a problem at both international and national level. Why Chinese copyright could not be properly protected?What rights and enforcement tools the copyright holders have? Under the pressure of the US trade retaliation, China ratified the Berne Convention in 1992. The first Chinese Copyright Law and the later two revisions were mainly for the purpose of complying with the Berne Convention. In other words, the Chinese Copyright Law is artificial. It is not the reconciliation of the conflicts of different interests. Copyright enforcement actions have been undertaken by the Chinese copyright authorities in the digital environment. They could be very efficient. Major pirating websites are seized and enormous infringing contents are taken down. However, the actions could also be excessive. The digital environment not only boosted the individual capacity of the reproduction and transmission of works, but also changed the way of how works could be created. How to protect the existing copyright on the one hand, to simulate the individual user's creativity, on the other?

Author: Cheryl Foong
Publisher: Edward Elgar Publishing
ISBN: 1788978188
Category : Law
Languages : en
Pages : 320

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p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} The right of copyright owners to make their content available to the public is crucial in an environment driven by access. The Making Available Right provides in-depth analysis of this exclusive right and offers insights on how we can approach the right in a more transparent and principled manner. This thought-provoking book brings together detailed analysis of the law and a broader consideration of copyright’s fundamental aims, and will be of interest to judges, practitioners and scholars concerned about how copyright deals with access going forward.

Author: Chia-chün Chʻen
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 236

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