Landmark Copyright Cases in China

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041191267
Total Pages : 290 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Landmark Copyright Cases in China by : Luo Dongchuan

Download or read book Landmark Copyright Cases in China written by Luo Dongchuan and published by Kluwer Law International B.V.. This book was released on 2018-11-20 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Landmark Copyright Cases in China

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Publisher : Kluwer Law International
ISBN 13 : 9789041191045
Total Pages : 0 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Landmark Copyright Cases in China by : Dongchuan Luo

Download or read book Landmark Copyright Cases in China written by Dongchuan Luo and published by Kluwer Law International. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the Chief Editor --About the Translator --Preface --The Commentary Committee --Acknowledgment --Introduction to the Chinese Copyright System --Determination of the Nature of a Work --Determination of Copyright Infringement --Other Issues concerning Copyright-Related Disputes --Postscript.

China Court Cases on Intellectual Property Rights

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041134190
Total Pages : 386 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis China Court Cases on Intellectual Property Rights by : ??

Download or read book China Court Cases on Intellectual Property Rights written by ?? and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents, in extraordinary detail, sixteen landmark cases that profoundly affect the protection of intellectual property rights in China. Written by six prominent Chinese legal scholars and jurists - including judges who themselves participated in these decisions - each case is fully described and analysed: the parties and their representatives, the basic facts, the facts ascertained by the court, the evidence presented by plaintiffs and defendants, the judges' opinions with their arguments and reasoning, the unanimous conclusions, and the judgment, along with a wealth of deeply informed comment. Among the questions raised by these cases are the following: Is a website within the definition of a 'work' in copyright law, and thus protected? How should the acts of uploading and downloading of works from the Internet be classified? Can the concept of torts be applied in the Internet context? What is the legal liability of an Internet service provider? How is a defendant's 'unreasonable conduct' to be determined? Who is responsible for the determination of 'artistic value' - e.g., of clothing designs? What evidence must be presented to serve as sufficient proof that a domain name is a party's own creation? In what a manner should packaging and decoration be regarded? How should the 'author' in copyright conflict cases be identified? How should an unauthorized web link be judged? When do separate components assembled to create a product enjoy copyright protection? How should damages be determined? An introductory essay provides a detailed overview of the characteristics of China's intellectual property law as it continues to develop, with attention to such factors as the specific laws enacted, the various courts and tribunals to which IP cases are assigned, the progress of a case, starting from filing to winding up, regulations, reform programs, and rules of evidence. The editor puts forward his own proposals - particularly in light of the so-called 'interfering factors' - on reform of civil trial style in intellectual property cases. It is difficult to overstate the value of this book to anyone involved in business dealings in China. With its authoritative expertise, abundant detail, and thorough elucidation of the salient features of developing IP law and practice in China, it will serve interested parties for years to come.

Annotated Leading Copyright Cases in Major Asian Jurisdictions

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Author :
Publisher : City University of HK Press
ISBN 13 : 9629373807
Total Pages : 564 pages
Book Rating : 4.6/5 (293 download)

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Book Synopsis Annotated Leading Copyright Cases in Major Asian Jurisdictions by : Kung-Chung Liu

Download or read book Annotated Leading Copyright Cases in Major Asian Jurisdictions written by Kung-Chung Liu and published by City University of HK Press. This book was released on 2019-07-17 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this second volume of the Applied Research Center for Intellectual Assets and the Law in Asia (ARCIALA) series, thirty-seven eminent scholars and practitioners from Asia and the United States have come together to comprehensively assess leading copyright cases from eight major Asian jurisdictions (People’s Republic of China (PRC), India, Japan, Korea, Malaysia, the Philippines, Singapore, and Taiwan). This book contains thirty-six case reports that focus on six topics that reflect the current trends in Asian copyright law—namely, digital copyright, collective copyright (including the management of copyright and the interface between collecting societies and competition law), criminal copyright (with a discussion of criminal punishment for copyright infringement), limits to copyright (such as fair use and exhaustion), the relationship between copyright laws and other forms of protection, and choice of jurisdiction and applicable law in copyright litigation. Each case report deconstructs the legal background, facts, and rationale of the decision in a particular landmark case, and then discusses the commercial or industrial significance and application. Notably, this includes an analysis of The Hague Convention on Choice of Court Agreements and its adoption in Singapore, which is, to date, the only Asian country to have fully ratified it. Taken together, this volume presents a useful guide for copyright practitioners, professionals, lawyers, and judges alike in addition to acting as a primer for students and businessmen planning to enter Asia’s exciting world of copyright. It also serves as a handbook for policy makers, both within Asia and further afield.

New Development of Digital Copyright Protection in China - The Landmark Case of Zheng Chengsi V. Shusheng

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis New Development of Digital Copyright Protection in China - The Landmark Case of Zheng Chengsi V. Shusheng by : Jiarui Liu

Download or read book New Development of Digital Copyright Protection in China - The Landmark Case of Zheng Chengsi V. Shusheng written by Jiarui Liu and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Zheng Chengsi v. Shusheng Digital Technology Co Ltd (the “Shusheng case”) is fated to become a landmark case in the copyright history of the People's Republic of China (“PRC” or “China”). Even when the Shusheng case was just decided by the court of first instance and still pending appeal, it was elected by media as one of the top 10 IP cases of 2004 in the PRC. One may think that it was because the participants of this case virtually constitute a “dream team” in PRC IP circles. For example, one of the presiding judges was the “model judge” Song Yushui, who has long been well known throughout the PRC for her integrity and professionalism. More interestingly, the seven plaintiffs were all highly respected IP scholars in the PRC, headed by Professor Zheng Chengsi. As many readers are aware, Zheng Chengsi is commonly regarded as the ultimate authority of intellectual property law in the PRC and was recently elected by an English journal Managing Intellectual Property as one of 50 IP's most important figures in the world. Notwithstanding the above, the importance of the Shusheng case apparently lies more in the various policy implications that it brings forward to the Chinese public, e.g. whether copyright law has become obsolete in the digital age, whether the exclusive rights of authors should be compromised to provide for the free flow of content through the internet, and what it takes to achieve the delicate balance between the legitimate interests of authors, distributors and end-users. As an attempt to answer those questions, this comment argues that the key to fostering the development of information industries, especially online publishing, is to reinforce copyright protection in cyberspace and in doing so preserve the ultimate source of creative and useful content for the public. The next two sections of this comment begin with an introduction of the facts and holdings of the Shusheng case. The fourth to seventh sections briefly discuss the major policy controversies arising from the Shusheng case, including the legal nature of a digital library, the transactional costs of copyright law, the practicality of the “authorization offer” and the appropriate level of copyright protection in China. The final section summarises the main points of this comment and presents several overall recommendations.

Copyright and the Public Interest in China

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 0857931075
Total Pages : 305 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Copyright and the Public Interest in China by : G. H. Tang

Download or read book Copyright and the Public Interest in China written by G. H. Tang and published by Edward Elgar Publishing. This book was released on 2011-11-30 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.

Modern China’s Copyright Law and Practice

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Publisher : Springer
ISBN 13 : 9811053529
Total Pages : 237 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Modern China’s Copyright Law and Practice by : Yimeei Guo

Download or read book Modern China’s Copyright Law and Practice written by Yimeei Guo and published by Springer. This book was released on 2017-07-25 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents selective case studies concerning China’s Copyright Law, especially the typical cases chosen by China’s Supreme People’s Court and the Beijing, Shanghai and Guangzhou IP courts in recent years as the local court’s guiding reference cases, the goal is to help readers familiarize themselves with China’s dispute and resolution system from a practical point of view. The major aspects covered include copyright object, copyright subject, copyright content, copyright limitations, neighboring rights, copyright infringement and enforcement, software copyright protection, collective management societies, and online copyright protection. Generally speaking, the book highlights selected typical cases involving various categories of current China’s Copyright Law. In addition, it introduces readers to relevant laws and regulations and discusses some hot issues in the academic field, including the extended collective license (ECL) implementation problem and the definition of “know” of Internet Service Providers (ISPs) in China. As such, the book successfully combines legal theory and realities, offering readers, especially graduate students and researchers, a clear and sensible overview of modern China’s Copyright Law and practice, as well as the chance to better understand China’s judicial and administrative efforts to protect copyright while also satisfying the requirement of transparency ever since China’s entry to the WTO in 2001.

New Challenges of Chinese Copyright Law in the Digital Age

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142363
Total Pages : 105 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis New Challenges of Chinese Copyright Law in the Digital Age by : Seagull Haiyan Song

Download or read book New Challenges of Chinese Copyright Law in the Digital Age written by Seagull Haiyan Song and published by Kluwer Law International B.V.. This book was released on 2011-11-04 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Among the important aspects covered are the following: secondary liability theories worldwide, including contributory liability, vicarious liability, inducement liability and joint liability; legislative and technology responses to online piracy: “graduated response” program and fingerprint filtering technology; pros and cons of the fair-use doctrine v. fair-dealing doctrine; different outcomes of the Google litigation worldwide; copyrightability of sports telecasts; China’s strategy in combating online piracy of live sports telecasts during the 2008 Beijing Summer Olympic Games.

Annoted Landmark International Intellectual Property Cases in China (2021-2022)

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Publisher : L'Erma
ISBN 13 : 9788891332370
Total Pages : 0 pages
Book Rating : 4.3/5 (323 download)

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Book Synopsis Annoted Landmark International Intellectual Property Cases in China (2021-2022) by : Handong Wu

Download or read book Annoted Landmark International Intellectual Property Cases in China (2021-2022) written by Handong Wu and published by L'Erma. This book was released on 2023-12-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book features the latest international intellectual property cases in China, covering a wide field including copyright, trademarks, trade secrets, unfair competition and etc. Focusing on "typicality", the cutting-edge of disputes, the technicality of trials, and the impact of the cases are taken as criteria to select twelve landmark cases that are the best representative of China's international IPR trials. In the meantime, "theoreticality" is not neglected in this case-based book. Relevant literature review and case review are added as supplement in each case. Twelve important scholars from seven top law schools are invited to conduct academic commentaries on the cases, summarizing the judicial rules and exploring the respective academic value in depth. With the combination of judicial and theoretical perspectives, this book could serve as a practical handbook for intellectual property case studies in China.

Copyright Law in China

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Publisher :
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Copyright Law in China by : Chengsi Zheng

Download or read book Copyright Law in China written by Chengsi Zheng and published by . This book was released on 1991 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Annotated Leading Patent Cases in Major Asian Jurisdictions

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Publisher : City University of HK Press
ISBN 13 : 9629373076
Total Pages : 470 pages
Book Rating : 4.6/5 (293 download)

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Book Synopsis Annotated Leading Patent Cases in Major Asian Jurisdictions by : Kung-Chung LIU

Download or read book Annotated Leading Patent Cases in Major Asian Jurisdictions written by Kung-Chung LIU and published by City University of HK Press. This book was released on 2017-06-06 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first of its kind, this book presents a comprehensive collection of leading patent cases from nine major Asian jurisdictions which are analyzed by eminent scholars and legal practitioners from Asia, Germany, and the United States. It contains thirty case reports covering six topics which best reflect the current trends in Asia in patent law, namely specialized IP court (or division), compulsory licensing, the intersection between patent law and competition law, injunction, damages, and choice of jurisdiction and law in cross-border patent litigation. Each case report explores a landmark case by deconstructing the legal background and the legal reasoning of the decisions, and then discussing the commercial and/or industrial ramifications. The present volume is a useful guide for practitioners, lawyers, and judges alike, a primer for students and businessmen entering the IP world, and a reminder for policymakers, both within Asia and further afield.

Cultivating Copyright

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Publisher : Routledge
ISBN 13 : 1351104780
Total Pages : 233 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Cultivating Copyright by : Bhamati Viswanathan

Download or read book Cultivating Copyright written by Bhamati Viswanathan and published by Routledge. This book was released on 2019-06-27 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Creators and creative industries are struggling to navigate the digital age. Intellectual property rights, including copyrights, trademarks, and patents, offer invaluable tools to help creative industries remain viable and sustainable. But to be fully effective, they must be considered as part of a greater ecosystem. Cultivating Copyright offers a framework for tailoring flexible strategies and adaptive solutions suited to diverse creative industries. Tailored solutions entail change on four fronts: business models and strategies, legal policies and practices, technological measures, and cultural and normative features. Creating strong creative industries through tailored solutions serves critical functions: promoting richly varied artistic endeavors and supporting democratic flourishing.

Charting Limits on Trademark Rights

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Publisher : Oxford University Press
ISBN 13 : 0198871244
Total Pages : 337 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Charting Limits on Trademark Rights by : Sun

Download or read book Charting Limits on Trademark Rights written by Sun and published by Oxford University Press. This book was released on 2023-05-12 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trademark scholarship has focused largely on the protection of trademark rights against consumer confusion and the dilution of trademarks. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this reality is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics. Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume detailing limitations in trademark rights from both theoretical and comparative perspectives. The book presents new theoretical perspectives to justify trademark rights limitations, re-examines the nature of these limitations, delineates the scope of the limitations, and offers comparative studies of the limitations. With contributions from leading trademark scholars in the EU, US, and Asia, this is a must read for scholars, students, practitioners, and policymakers with an interest in the theories, policies, and doctrines of trademark law.

Copyright in China

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Publisher :
ISBN 13 :
Total Pages : 460 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Copyright in China by : Sanqiang Qu

Download or read book Copyright in China written by Sanqiang Qu and published by . This book was released on 2002 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: "With China's entry into the WTO, copyright has become a hot issue. This is an essential reference for those engaged in legal work in China, giving an historical overview of the concept of intellectual property, the development of legal protections, criminal liabilities, and prospects for the future."

Research Guide to Chinese Copyright Law

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Publisher :
ISBN 13 : 9780837740447
Total Pages : pages
Book Rating : 4.7/5 (44 download)

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Book Synopsis Research Guide to Chinese Copyright Law by : Robert Haibin Hu

Download or read book Research Guide to Chinese Copyright Law written by Robert Haibin Hu and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The landscape of Chinese copyright law has transformed dramatically since the publication of the first edition of this Guide in 2000. The Copyright Law was amended in 2010, followed by promulgation of a new set of regulations in 2013. China jointed a series of international treaties and agreements concerning copyright and IPR. Between 2014 and 2015, three new specialized courts were established by the national legislature and are now in full operation. This edition attempts to capture and reflect on all these changes. This book is a complete rewrite of the former edition. Several new chapters bring in more content, which are organized to make it easier for the reader to use the information. The tables of cases, statutes, and international agreements add a new way of accessing information readily. A directory of Chinese IP agencies and law firms can be helpful to the practitioner.--Publisher.

Pirates and Publishers

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Publisher : Princeton University Press
ISBN 13 : 0691202680
Total Pages : 368 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Pirates and Publishers by : Fei-Hsien Wang

Download or read book Pirates and Publishers written by Fei-Hsien Wang and published by Princeton University Press. This book was released on 2022-06-07 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed historical look at how copyright was negotiated and protected by authors, publishers, and the state in late imperial and modern China In Pirates and Publishers, Fei-Hsien Wang reveals the unknown social and cultural history of copyright in China from the 1890s through the 1950s, a time of profound sociopolitical changes. Wang draws on a vast range of previously underutilized archival sources to show how copyright was received, appropriated, and practiced in China, within and beyond the legal institutions of the state. Contrary to common belief, copyright was not a problematic doctrine simply imposed on China by foreign powers with little regard for Chinese cultural and social traditions. Shifting the focus from the state legislation of copyright to the daily, on-the-ground negotiations among Chinese authors, publishers, and state agents, Wang presents a more dynamic, nuanced picture of the encounter between Chinese and foreign ideas and customs. Developing multiple ways for articulating their understanding of copyright, Chinese authors, booksellers, and publishers played a crucial role in its growth and eventual institutionalization in China. These individuals enforced what they viewed as copyright to justify their profit, protect their books, and crack down on piracy in a changing knowledge economy. As China transitioned from a late imperial system to a modern state, booksellers and publishers created and maintained their own economic rules and regulations when faced with the absence of an effective legal framework. Exploring how copyright was transplanted, adopted, and practiced, Pirates and Publishers demonstrates the pivotal roles of those who produce and circulate knowledge.

Copyright and Related Topcs

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Author :
Publisher : Univ of California Press
ISBN 13 :
Total Pages : 628 pages
Book Rating : 4./5 ( download)

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Book Synopsis Copyright and Related Topcs by : Los Angeles Copyright Society

Download or read book Copyright and Related Topcs written by Los Angeles Copyright Society and published by Univ of California Press. This book was released on with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: