New Challenges Of Chinese Copyright Law In The Digital Age

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New Challenges of Chinese Copyright Law in the Digital Age

Author : Seagull Haiyan Song
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041137939
Total Pages : 106 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 2011-01-01 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Rights Limitation in Digital Age

Author : Shaojun Liu
Publisher : Springer Nature
ISBN 13 : 9811643806
Total Pages : 138 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis Rights Limitation in Digital Age by : Shaojun Liu

Download or read book Rights Limitation in Digital Age written by Shaojun Liu and published by Springer Nature. This book was released on 2021-10-01 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprehensively discusses the effects of digital technology on the way work is disseminated and the resulting challenges concerning the fair use of copyright. It also analyzes so-called fairness by examining theories on the system of fair use, demonstrating the “system changes that will be brought about by technological changes” from the perspective of economics, i.e., the problem of modification faced by the system of fair use of copyright. Exploring the nature and function of fair use and repositioning the fair use system, the book proposes a better design for China’s system of limitation on copyright and a readjustment of the copyright system. Lastly, in addition to analyzing the reconfigurations of fair use from an economic standpoint, the book describes in detail the interactions between legal systems and cultures.

Copyright Law in the Digital World

Author : Manoj Kumar Sinha
Publisher : Springer
ISBN 13 : 9811039844
Total Pages : 328 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Copyright Law in the Digital World by : Manoj Kumar Sinha

Download or read book Copyright Law in the Digital World written by Manoj Kumar Sinha and published by Springer. This book was released on 2017-03-06 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the key issues, challenges and implications arising out of changes in the copyright law and corresponding judicial responses. Using concrete examples, the book does not assume any prior knowledge of copyright law, but brings together leading intellectual property researchers to consider the significant role of copyright law in shaping the needs of the modern digital world. It provides an insight into two distinct arenas: copyright and digital media. The exponential increase in the ability to multiply and disseminate information by digital means has sparked numerous conflicts pertaining to copyright – and in turn has prompted lawmakers to expand the scope of copyright protection in the digital age. Bearing in mind the new questions that the advent of the digital age has raised on the role and function of copyright, the book presents a collection of papers largely covering new frontiers and changing horizons especially in this area. The contributions intensively address core issues including the exhaustion principle, copyright and digital media, liability of hosting service providers, the originality requirement, accessibility to published works for the visually disabled, criminalization of copyright infringement, and software protection under copyright law, among others. Consisting of 14 papers, this book will be equally interesting to researchers, policymakers, practitioners and lawmakers, especially those active in the field of Intellectual Property Rights (IPR).

China

Author :
Publisher :
ISBN 13 :
Total Pages : 62 pages
Book Rating : 4.:/5 (122 download)

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Book Synopsis China by :

Download or read book China written by and published by . This book was released on 2003 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Conceptualizing Copyright Exceptions in China and South Africa

Author : Jia Wang
Publisher : Springer
ISBN 13 : 3319718312
Total Pages : 257 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Conceptualizing Copyright Exceptions in China and South Africa by : Jia Wang

Download or read book Conceptualizing Copyright Exceptions in China and South Africa written by Jia Wang and published by Springer. This book was released on 2018-03-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 and the Public Interest in China

Author : G. H. Tang
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.

Intellectual Property and TRIPS Compliance in China

Author : Paul Torremans
Publisher : Edward Elgar Publishing
ISBN 13 : 1847207219
Total Pages : 277 pages
Book Rating : 4.8/5 (472 download)

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Book Synopsis Intellectual Property and TRIPS Compliance in China by : Paul Torremans

Download or read book Intellectual Property and TRIPS Compliance in China written by Paul Torremans and published by Edward Elgar Publishing. This book was released on 2007-01-01 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . the editors of this book have done an excellent job, and both academics and practitioners will find this book worthwhile and enjoyable. Wei Shi, Communications Law China s accession to the WTO and TRIPS heralded massive changes in Chinese intellectual property (IP) law. This book asks whether all aspects of Chinese law and practice are now TRIPs compliant. The study offers both Chinese and European perspectives. Examining substantive IP law in detail, the contributors conclude that the changes have been far reaching and TRIPS compliance has been achieved. They also argue that China s IP laws are now addressing the new challenges of the digital revolution and the global economy. Of equal importance is enforcement, and in this respect the book reveals that change started later and that further work remains to be done. The book highlights the important efforts that are underway and the undeniable progress that is being made. All these issues are placed in an international context, where the development agenda is becoming more important and where the discussion on the renegotiation of the TRIPS has started. The contributors include leading members of the Chinese judiciary, as well as academics, politicians and practitioners from China, Europe and Canada. The approach taken to the subject combines academic rigorousness with political realism and the practical needs of operating an effective law enforcement and judicial system in a vast and rapidly developing country. This book will be warmly welcomed by IP academics and researchers, policy makers, R&D departments around the world and investors in China.

Intellectual Property in the Digital Age:Challenges for Asia

Author : Christopher Heath
Publisher : Springer
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Intellectual Property in the Digital Age:Challenges for Asia by : Christopher Heath

Download or read book Intellectual Property in the Digital Age:Challenges for Asia written by Christopher Heath and published by Springer. This book was released on 2001-08-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: By examining the status of information technologies in East Asia, and the pressure to grant a level of legal protection to intellectual property owners that is hardly compatible with the present level of economic development in the region, this book offers insights into how the Internet and other digital technologies can be regulated fairly.

Copyright Law in the Digital World

Author : Manoj Kumar Sinha
Publisher : Springer
ISBN 13 : 9789811350160
Total Pages : 328 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Copyright Law in the Digital World by : Manoj Kumar Sinha

Download or read book Copyright Law in the Digital World written by Manoj Kumar Sinha and published by Springer. This book was released on 2018-12-11 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the key issues, challenges and implications arising out of changes in the copyright law and corresponding judicial responses. Using concrete examples, the book does not assume any prior knowledge of copyright law, but brings together leading intellectual property researchers to consider the significant role of copyright law in shaping the needs of the modern digital world. It provides an insight into two distinct arenas: copyright and digital media. The exponential increase in the ability to multiply and disseminate information by digital means has sparked numerous conflicts pertaining to copyright – and in turn has prompted lawmakers to expand the scope of copyright protection in the digital age. Bearing in mind the new questions that the advent of the digital age has raised on the role and function of copyright, the book presents a collection of papers largely covering new frontiers and changing horizons especially in this area. The contributions intensively address core issues including the exhaustion principle, copyright and digital media, liability of hosting service providers, the originality requirement, accessibility to published works for the visually disabled, criminalization of copyright infringement, and software protection under copyright law, among others. Consisting of 14 papers, this book will be equally interesting to researchers, policymakers, practitioners and lawmakers, especially those active in the field of Intellectual Property Rights (IPR).

Toward A More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era

Author : Jerry Jie Hua
Publisher : Springer
ISBN 13 : 3662435179
Total Pages : 247 pages
Book Rating : 4.6/5 (624 download)

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Book Synopsis Toward A More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era by : Jerry Jie Hua

Download or read book Toward A More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era written by Jerry Jie Hua and published by Springer. This book was released on 2014-07-14 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on comparative research concerning both international conventions and laws, regulations, policies and cases from different jurisdictions, this book puts forward proposals for recovering the balance of interests between copyright holders, technological intermediaries and public users with regard to the access to, distribution and exploitation of copyright works. Four specific issues are discussed in detail: · an anti-circumvention rule for protection of technological measures that control access to copyright material; · indirect infringing liability for internet service providers and safe harbor regulations, which influence the dissemination of copyright works; · copyright limitations and exceptions especially under the digital network environment, which are relevant to the extent that users are allowed to exploit copyright works; · digital commons projects that promote the distribution and adaptation of copyright works placed under voluntary license schemes, which are relevant to the tolerance and encouragement of remix culture.

Chinese Intellectual Property and Technology Laws

Author : Rohan Kariyawasam
Publisher : Edward Elgar Publishing
ISBN 13 : 0857935224
Total Pages : 521 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Chinese Intellectual Property and Technology Laws by : Rohan Kariyawasam

Download or read book Chinese Intellectual Property and Technology Laws written by Rohan Kariyawasam and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid evolution of China from an emerging to a mature intellectual property jurisdiction has far-reaching implications for the law, policy and practice of IP, and their links with competition and technology law. Produced in the year China rose to fourth rank globally as user of the international patent system, this volume is an invaluable guide for the policymaker, the analyst and the practitioner alike, setting a thorough exposition of the substantive law and its application within a broader policy context, and offering a comprehensive, timely overview of an IP system just at the time it begins to assume central significance on the world stage. Antony Taubman, Director, IP Division, WTO This edited volume offers an excellent comprehensive overview of China s intellectual property and technology laws. The eminent contributors to this volume have played important roles in shaping China s IP system and in tackling the many challenges confronting it. By making their views of the system readily accessible to an English audience, this volume will undoubtedly add to our understanding of the legal protections and challenges facing innovation industries in China. Mark Wu, Harvard Law School, US The pioneering studies in this book examine the fundamental role of intellectual property and technology laws as China is moving from made in China to created in China . This book also helps us to understand about the interplay between China s intellectual property protection system and the potential for transition of China s economy, and provides numerous means to deal with the legislative difficulties in China s innovation-oriented strategy. Wu Handong, Zhongnan University of Economics and Law, China Written by some of China s leading academic experts and with a foreword by the former Chief Justice of the IP Tribunal of China s Supreme People s Court, this book combines for the very first time a review of both Chinese intellectual property and technology laws in a single volume in English. The book initially focuses on recent amendments to the laws of copyright, trademarks, patents, before moving on to discuss unfair competition and trade secrets, and the protection of intellectual property over electronic networks. Other chapters cover the regulation of digital networks and telecommunications; IT and E-commerce; the new antimonopoly law and competition; and China s position on the TRIPS agreement. Of special note is a chapter written by in-house Counsel and the Chairman of the Quality Brands Protection Committee (a coalition of well known multinational brands) reviewing both brand protection and practical enforcement of intellectual property in China. This book will appeal to scholars and postgraduate students in commercial law (especially in IP, trade, competition, and technology), Chinese studies and business, as well as regulators, international agencies and law firms. Management consultancy and accounting firms, banks and investment firms will also find this book invaluable.

Internet Intermediaries and Trade Mark Rights

Author : Althaf Marsoof
Publisher : Routledge
ISBN 13 : 1351208497
Total Pages : 249 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Internet Intermediaries and Trade Mark Rights by : Althaf Marsoof

Download or read book Internet Intermediaries and Trade Mark Rights written by Althaf Marsoof and published by Routledge. This book was released on 2019-06-05 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the apparent advantages of the internet, there is little debate that it facilitates intellectual property infringements, including infringements of trade mark rights. Infringers not only remain hidden by the anonymity the internet provides but also take advantage of its increasing reach and the associated challenges with regard to cross-border enforcement of rights. These factors, among others, have rendered the internet a growing source of counterfeit and other infringing products. It has, therefore, become necessary for right holders to shift their focus from individual infringers to internet intermediaries, such as Internet Service Providers (ISPs), hosts and navigation providers, which are responsible in numerous ways for making content promoting infringements available to internet users. In light of these developments, this book conducts a comprehensive analysis of the liability of such intermediaries for trade mark infringements and considers the associated issues and challenges in the diverging approaches under which liability may be imposed. At present, however, neither UK trade mark law nor English common-law principles relating to accessorial liability provide a basis to hold internet intermediaries liable for trade mark infringements. As such, this book considers approaches adopted in some of the Continental European countries and the US in order to propose reforms aimed at addressing gaps in the existing legal framework. This book also examines alternative remedies, such as notice and takedown and injunctions, and discusses the associated shortcomings of each of these remedies.

Copyright Law, Digital Content and the Internet in the Asia-Pacific

Author : Brian Fitzgerald
Publisher : Sydney University Press
ISBN 13 : 1743322445
Total Pages : 355 pages
Book Rating : 4.7/5 (433 download)

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Book Synopsis Copyright Law, Digital Content and the Internet in the Asia-Pacific by : Brian Fitzgerald

Download or read book Copyright Law, Digital Content and the Internet in the Asia-Pacific written by Brian Fitzgerald and published by Sydney University Press. This book was released on 2008-04-01 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Copyright law, digital content and the Internet in the Asia-Pacific provides a unique insight into the key issues facing copyright law and digital content policy in a networked information world.

Intellectual Property and Sports

Author : Martin Senftleben
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403537531
Total Pages : 695 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Intellectual Property and Sports by : Martin Senftleben

Download or read book Intellectual Property and Sports written by Martin Senftleben and published by Kluwer Law International B.V.. This book was released on 2021-09-02 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renowned intellectual property law expert Bernt Hugenholtz once warned, chiding the voracity of copyright, that reducing the subject matter test to mere originality and personal stamp might lead to ‘infinite expansion of the concept of the work of authorship. Anything touched by human hand, including for instance sports performances, would be deemed a work’. Indeed, the applicability of copyright law on sports events and players’ moves is one of the many topics discussed in this volume, which spans issues from those related to players and their performances and achievements, via those relevant to sports event organisers and clubs, to questions concerning event reporting and data and the growing role of AI technologies in sports. Well-known authorities in intellectual property law speculate on the nexus of sports and intellectual property in its widest sense, elucidating such aspects as the following: neighbouring rights for organisers of sports events; ethnic and cultural references in team and league branding; legality of reselling event tickets; use of artificial intelligence in refereeing; related rights protection of images; e-sports and fantasy leagues; and sports celebrities and character merchandising. There are also several intriguing comparative chapters on intellectual property aspects in such parallel domains as body art, movement, carnivals, choreography, and chess. Both profound and entertaining, this unique volume will be appreciated by practitioners, jurists, and academics interested in intellectual property rights as well as in sports law.

The Copyright Law of the People's Republic of China

Author : Philine-Luise Pulst
Publisher : LIT Verlag
ISBN 13 : 3643963963
Total Pages : 354 pages
Book Rating : 4.6/5 (439 download)

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Book Synopsis The Copyright Law of the People's Republic of China by : Philine-Luise Pulst

Download or read book The Copyright Law of the People's Republic of China written by Philine-Luise Pulst and published by LIT Verlag. This book was released on 2022-05-10 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of intellectual property in the People's Republic of China has been of great importance at least since the opening of the market in 1978. Although the first efforts to protect the rights of individuals in the field of copyright were made as early as the Qing Dynasty, it took until the 1990s before a copyright law was finally implemented. While the law is already quite advanced in the books, effective enforcement of rights has faced and continues to face many hurdles. Due to that and also to take account of technological progress and further developments at the international level, China's copyright law has been undergoing a reform process since 2012 which resulted in the 2020 Amendment of the Chinese Copyright Law that takes effect on 1 June 2021. This work focuses on the legal historical development of copyright law in the People's Republic of China with the aim of understanding the current reform of the Copyright Law and the problems China has faced and is facing. Philine-Luise Pulst is a lawyer in the fields of intellectual property law and life sciences with the international law firm CMS in Hamburg.

Copyright and Fan Productivity in China

Author : Tianxiang He
Publisher : Springer
ISBN 13 : 981106508X
Total Pages : 265 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Copyright and Fan Productivity in China by : Tianxiang He

Download or read book Copyright and Fan Productivity in China written by Tianxiang He and published by Springer. This book was released on 2017-10-13 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a unique approach to mitigate the problem of massive online copyright infringement and justify fan activities. It argues for a cooperative approach that encourages copyright owners to exert a degree of control over their fan creators. In contrast to the current approach, which treats fan utilizations as theft, this book suggests that the copyright owners and the lawmakers should instead distinguish between fan creators and commercial pirates, allowing them unleash their potential. This book offers a clear and comprehensive account of the fascinating aspects of legal problems created by fan activities in China, Japan and the United States, offering a valuable guide for students, practitioners, academics and entrepreneurs whose work involves or who are interested in cutting-edge legal issues in the creative industry. "Tianxiang He introduces us to the world of fandom inhabited by ‘fan-subbers’, fan-dubbers’, ‘mash-uppers’, and ‘fan-fictionists’ against the backdrop of copyright law and policy in China. His work is engaging in that it not merely describes the law, but also the political dimension where copyright and state media control converge into a reality where being an artist or a fan is not that straightforward." -- Prof. Anselm Kamperman Sanders, Institute for Globalization and International Regulation (IGIR), Faculty of Law, Maastricht University "The tension between copyright holders and fan communities has been increasingly salient yet underexplored. This timely, insightful and deeply engaging book not only fills a niche, but also covers a country that has been rarely examined in this context. The book advances a promising model for the two groups to cooperate. It also explores complex issues concerning political culture, media regulation and civic engagement in China. A must read for anybody interested in copyright law, cultural production, digital technology or Chinese information policy." -- Prof. Peter K. Yu, Professor of Law and Director, Center for Law and Intellectual Property, Texas A&M University School of Law

Intellectual Property Rights and Emerging Technology

Author : Hing Kai Chan
Publisher : Routledge
ISBN 13 : 1351239880
Total Pages : 200 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Intellectual Property Rights and Emerging Technology by : Hing Kai Chan

Download or read book Intellectual Property Rights and Emerging Technology written by Hing Kai Chan and published by Routledge. This book was released on 2018-08-06 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 3D printing poses many challenges to the traditional law of intellectual property (IP). This book develops a technical method to help overcome some of these legal challenges and difficulties. This is a collection of materials from empirical interviews, workshops and publications that have been carried out in one of the world's leading research projects into the legal impact of 3D printing. The project was designed to establish what legal challenges 3D printing companies thought they faced, and having done that, to establish a technical framework for a solution.