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.

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.

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.

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.

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.

The Chinese insurance market is expanding enormously as risk adversity takes hold in the economy while the role of the State as guarantor of commerce is gradually reduced. In addition, insurance is a heavily regulated field with detailed contract law stipulations. An introduction to regulation and contract law and an understanding of current issues is essential for someone seeking to do business in the Chinese market. Insurance law is also a field that translates well from one jurisdiction to another, and academics will be interested in understanding how issues are dealt with in another jurisdiction. The book seeks to present and discuss current topics in Chinese insurance law and regulation to an English-speaking audience knowledgeable of common law insurance law and international insurance business. The combined effect of the papers is to present Chinese insurance law to an audience unfamiliar with Chinese law, in a readable and accessible essay chapter format. Each chapter is written by an expert in the field and goes beyond a basic introduction to provide in depth well-researched information and academic analysis on the topic in question.

​This book highlights the shortcomings of the present Digital Rights Management (DRM) regulations in China. Using literature reviews and comparative analysis from theoretical and empirical perspectives, it appraises different DRM restriction regulations and practices as well as current advice on balance of interests to analyze the dilemma faced by the DRM system. This research intends to help China establish a comprehensive DRM regulatory model through comparative theoretical and empirical critiques of systems in America and Europe. A newly designed DRM regulatory model should be suitable for specific Chinese features, and should consist of government regulated, self-regulated, and even unregulated sections. The new regulation model might be an addition to existing legal structures, while self-regulations/social enforcement also would be as important as legislation based on case studies.

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.

This research book is the first of its kind to conduct an interdisciplinary research on the recent and dramatic developments in China’s music industries with a particular focus on business models, copyright protection, and artist compensation. The monograph explores and discusses proper business models through which revenue can be generated and maintained in a changing copyright climate and transforming business environment. It also discusses how musicians can be fairly compensated in the online platform economy informed by social entrepreneurship. This book is distinctive in the sense that it explores the intersection of cultural and creative industries, legal studies, business studies, and new media. It uses a qualitative and mixed-method approach to study business innovations and institutions in the making in the second largest economy which is also gaining cultural and political significance around the world.

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