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Über dieses Buch

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.

Inhaltsverzeichnis

Frontmatter

Chapter 1. Copyright Object

Abstract
According to Article 6 of the Implementing Regulation of the Copyright Law of the People’s Republic of China (hereinafter Implementing Regulation), copyright shall be protected from the date on which the creation of a work is completed. A copyright work must be an original intellectual creation that subsists in tangible form. Copyright protects the way in which the thought, idea or feeling is expressed and not the thought, idea or feeling itself. Therefore, an idea that does not subsist in tangible form will not be protected by copyright.
Yimeei Guo

Chapter 2. Copyright Subject

Abstract
Para. 1, Article 11 of CCL provides that except otherwise provided in this Law, the copyright in a work shall belong to its author. The author of a work is the citizen who has created the work (Para.2, Art.11). Only natural person is the author de facto.
Yimeei Guo

Chapter 3. Copyright Content

Abstract
China Copyright Law(CCL) grants authors of works both moral rights and economic rights.
Yimeei Guo

Chapter 4. Copyright Limitations

Abstract
The Chinese Copyright Law imposes two limitations on the exercise of copyright by its owner, namely fair use and statutory license.
Yimeei Guo

Chapter 5. Neighbouring Rights

Abstract
China’s Copyright Law protects not only works by traditional copyright (author’s right), but also subject matters other than works by “neighboring rights”. Neighboring rights mean “rights and interests related to copyright”. According to Art.26 of Implementing Regulation, the so called “rights and interests related to copyright”, as mentioned in China’s Copyright Law (see Art.1) and these Regulations, mean the rights enjoyed by publishers in the typographical arrangements of their books or periodicals published, the rights enjoyed by performers in their performances, the rights enjoyed by producers of sound recordings and video recordings in their sound recordings and video recordings and the rights enjoyed by radio and television stations in their broadcast radio or television programs.
Yimeei Guo

Chapter 6. Copyright Infringement and Enforcement

Abstract
Copyright infringement indicates the activity of using other person’s work or exercising the exclusive rights of copyright owner without copyright owner’s permission and in lack of legal basis.
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Chapter 7. Collective Management Societies

Abstract
On 1 March 2005, the State council promulgated the Regulation on Collective Administration of Copyright (hereinafter the Regulation), which now governs the establishment, organizational structure, activities and supervision of Collective Management Societies (CMSs).
Yimeei Guo

Chapter 8. Software Copyright Protection

Abstract
Copyright protection is the most widely used legal protection model for software internationally. As a type of “works”, copyright law offers a broad scope of protection to software. Because copyright law standards to qualify as works are not high, only formal innovation is needed. Therefore, almost all software falls within the purview of copyright protection. Based on the “automatic copyright” system, software can conveniently and efficiently be copyright protected immediately after its development without further application and approval. As copyright protection is the most prevailing protection system for intellectual property, most nations which have set up copyright protection systems are members of Berne Convention and Universal Copyright Convention. Therefore, international protection for software can be more easily gained under a copyright protection system, and there is no need to introduce new multilateral treaties to protect software.
Yimeei Guo

Chapter 9. Online Copyright Protection

Abstract
As we know, the development of copyright has a close relationship with technology. The Internet, which was researched in the 1960s, developed in the 1980s and well used in the 1990s has been described as history’s greatest photocopying machine and a wonderful common resource for users, bringing copyright unprecedented challenges. Enormous differences between this digital medium and the traditional media in terms of copyright, which include the ease of replicating a work, transmitting it to multiple users and the convenience of representation. Moreover, the advent of faster technologies, such as cable modems and the increase in storage space on the average PC are only making this issue more obvious than ever. Copyright has become one of the essential Net debates and can be seen as divided into two camps. One is made up of those who promote the free redistribution of any and all material throughout global networks, and the other is composed of those who want to see the development of controls so that, authors, or owners of information can track their travels and be paid for usage.
Yimeei Guo
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