Landmark copyright cases in China : an in-depth analysis

Landmark Copyright Cases in China provides a comprehensive introduction to the Chinese copyright system that includes both administrative and judicial mechanisms. 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 a 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 Chinese jurisprudence and of the sophisticated balance of interests among copyright owners, communicators of works and the public domain in China. Some contemporary issues, including criteria for copyright infringement, influence of new technologies and new business modes to the copyright system, are furthermore analyzed.

Following a comprehensive introductory chapter on the Chinese copyright system, 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 judge of that particular case offering the reasoning for the decision. The judicial decisions demonstrate the latest development in judicial protection of copyright in China.