Learning to Love the Market: Copyright, Culture and China

Montgomery, Lucy & Keane, Michael A. (2004) Learning to Love the Market: Copyright, Culture and China. In Intellectual Property Rights, Communication and the Public Domain in the Asia Pacific-Region, 14 - 17 December 2004, University of Queensland.


This paper examines the role of industry development in the uptake of copyright law in China with examples drawn from the film and television sectors. At present copyright protection is rarely used as a basis for commercial activity in either of these industries. Copyright represents a point of convergence between political, social, cultural and economic forces. Current attitudes to copyright have historical precedents that date back to the Tang Dynasty. The public ownership of culture under socialism retarded the development of a modern cultural market based on exchange value. In light market based reforms copyright has gone from being redundant to essential. But what form should it take? Stronger laws and penalties alone cannot build an effective IP system in China. While legal developments are beginning to make new business models possible, altering established industry practices is more difficult. As long as legal rights are perceived as irrelevant by domestic stakeholders, they are unlikely to succeed -- no matter how vigorously they are pursued by international right owners.

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ID Code: 2817
Item Type: Conference Paper
Refereed: Yes
Keywords: copyright, china, television, film, creative industries
Subjects: Australian and New Zealand Standard Research Classification > STUDIES IN CREATIVE ARTS AND WRITING (190000)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Divisions: Current > QUT Faculties and Divisions > Creative Industries Faculty
Copyright Owner: Copyright 2004 (please consult author)
Deposited On: 09 Dec 2005 00:00
Last Modified: 27 Aug 2014 22:59

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