Contents

Preface

Introduction

Chapter One Historical Development of Copy right Law in China

1. Introduction

2. A Question of Indigenous Copyright Protection in Feudal China

2.1. Economic Reasons

2.2. Traditional Culture

2.3. Purpose and conditions of Education

2.4. Political Culture

3. A Tortuous Road: Development of Copyright Protection in China

3.1. Increasing Western Pressure

3.2 Late Qing Efforts to protect Copyrights

3.3. The KMT Attempt to Create a Copyright System

3.4. The communist Approach to Law an Social Control

3.5. The Development of Copyright Protection in the PRC

3.6. Law Reform in the 1980s: a part of the Global struggle over Copyright Protection

4. Concluding Remarks

Chapter Two The Rationale of Socialist Copyright

1. Introduction

2. The Notion of Copyright in Western Legal Literature

3. General Notion of Copyright in Socialist Countries

4. The conception of Copyright in Socialist China

4.1. The Situation Prior to the Economic Reform

4.2 The Situation Since the Copyright Law 1990

5. The nature and Characteristics of the Chinese Conception of Copyright

5.1 Dualism of copyright

5.2. Moral Concerns and Economic Emphasis

6. Concluding Remarks

Chapter Three Objects of Copyright and Their Limitations

1. Introduction

2. Objects of Copyright: An Incomplete Notion in Chinese Law

2.1 Concept o copyright Work

2.2 Qualification Requirement for Copyright works

3. Moe Limitations to Copyright: A Copyright Law with a Socialist Colour?

3.1. Fair Dealing as a legal Limitation to Copyrights

3.2 Exhaustion of Copyright

4. Control over copyrights for Political and Social Considerations

4.1 Debates on the legal Nature of Banned Works

4.2 Copyright ability of the Work Created by a Person Deprived of Political Rights

5. Concluding Remarks

Chapter Four Authorship and Copyright

1. Introduction

2. Authorship and Copyright in Chinese Law: A Mixed Conception

2.1 The General Notion of Authorship in Western Jurisprudence

2.2 Notion of Authorship and Copyright in Chinese Law

3. Special Relationships Concerning Authorship and Copyright

3.1. Employee/Employer Relationship: An Intersection of Authorship and Copyright

3.2  The Commission Relationship: Predetermination of Authorship and Copyright

3.3 Co-authored Relationship: A Conceptual Extension of Individual Creation

4. Transferring Copyright

5. Concluding Remarks

Chapter Five mental State of the Infringer in Attribution of Liability

1. Introduction

2. Doctrine Fault Liability as a traditional Concept

2.1 History of Development of the Doctrine of  Fault Liability

2.2 The Content of Fault Liability

3. The Principle of No-fault Liability

3.1. A General Review

3.2  The Fault principle: No Longer Adequate for Infringements of Copyright

3.3. Dual Criteria of Attributing Liability Should Be Established

4. Concluding Remarks

Chapter Six Civil and Administrative Liabilities for Infringement of Copyright

1. Introduction

2. The notion of Infringement in Chinese Law

2.1 Nature and Position of Infringement of r Attribution of Liability

2.2 Classification of Infringements

3.  Infringements under Chinese Copyright Law

3.1 Infringements Which may Lead to Civil Liabilities

3.2. Infringements That May Incur both Civil and Administrative Liabilities

4. Concluding Remarks

4.1 Chinese Copyright Law Is not Yet a " Charter of Rights"

4.2 Changes Are Expected on Chinese Copyright law

Chapter Seven Infringements of Copyright in Computer Software and Their Liability

1. Introduction

2. The Options for Protection of Computer Software

2.1 many nations Many Choices?

2.2. The Development of China's Software Law

3. Copyright Law As a Legal Basis for Protection of Software

4. Authorship and Ownership of Computer Software

4.1  A General Standard Provided by the Law

4.2. nature of Works of Computer-Assisted Creation

4.3 A Procedural Limitation Imposed upon Ownership of  Computer Software

5. Unauthorized Reproduction of Copyright Software

6. Plagiarism of Computer Software

7. Unauthorized Distribution of Computer Software

7.1 Legal Grounds for Prevention of Unauthorized Distribution

7.2 Developer's Liability

7.3 Supplier's Liability

8. Concluding Remarks

Chapter Eight Criminal Liability for Copyright Infringement

1. Introduction

2. Historical Development of Criminal Liability for Infringement of Copyright

3. Concepts Underlying Copyright Protection

4. character an constitution of Criminal Infringement of Copyright

4.1 Crime of Infringing Copyright Works

4.2 crime of Selling infringing Copies

5. Establishing Evidence of Criminal Infringement

5.1 Ownership

5.2 Performance of Prohibited Activities

5.3. "First Sale Doctrine"

5.4 Criminal Intention

6. Concluding Remarks

Chapter Nine Facing Up WTO: China Is Changing Its Law with international Standard

1. Introduction: Socio-Economic and Cultural Dimension

1.1 Birth of Copyright Protection in China

1.2 Fundamental Principles for the New Amendments

1.3 Preparations for Amendment of the copyright Law

2. The Related International Treaties After WTO

2.1 A Glance over international copyright Treaties

2.2 The Berne Convention Under WIPO

2.3 The MOU Between PRC and USA

2.4 The Trips Agreement Under the WTO

3. China Puts New Copyright Law into Effect

3.1 Basic Principles of the New Amendments

3.2 Extent of Copyright

3.3 Subject Matters of Copyright

3.4 neighboring Rights

3.5 Limitations of Copyright

3.6 Collective Management of Copyright

4. Remedy and Liability for Infringements of Copyright

4.1 Provisional Measures

4.2 Border Measures

4.3 Statutory Compensation and Burden of Proof

4.4 Liability and Remedy for Infringement of Copyright

5. Concluding Remarks: Enforcement of Copyright: a Dream or a Reality

Chapter Ten Conclusion and Future Prospects

1. History Reveals the Truth: Copyright Is "Imported Goods"

2. copyright Protection in China Is Driven by a Utilitarian Motive

3. Changes Are Caused by Development of Economy and Technology

3.1 Economic development Constitutes a Root Cause for the Change of Conception

4. Irrationalities and Defects in the Chinese Liability System Partially Explain Its Inefficiency

4.1. "Zhongxing Qingmin" : A Traditional Legal Value in Chinese Culture

4.2 Liability for infringement of Copyright is tortious Rather than Contractual

4.3. A Single Standard or a Dual Standard?

5. Further Improvement of Copyright Protection: China Has a Long Way to Go

6. An Integrated Copyright System in China Is No Longer a Dream

Table of Abbreviations

Table of Cases

Table of Dynasties

Bibliography

Acknowledgements