Copyright and international negotiations : an engine of free expression in China. Series Number 35 Copyright and International Negotiations: An Engine of Free Expression in China?

Copyright And International Negotiations Provides A Historical Study Of The Development Of Chinese Copyright Law In Terms Of China's Contemporary Political Economy And The Impact That International Copyright Law Has Had. The Analysis Shows How China's Copyright System Is Intertwined With Censorship And International Copyright Law And How This Has Affected Freedom Of Expression. China Still Enforces An Old Censorship Regime That Clamps Down On Free Expression Despite A Modern System Of Copyright Rules Which Should Function As An Engine Of Free Expression. The Book Explores The Development And Architecture Of Chinese Copyright Law In Parallel With International Copyright Law, Clarifies China's Nuanced Patterns Of The Control Of Free Expression Through Copyright Law, And Identifies A Breakthrough For Neutralising The Impact Of China's Censorship Policies Through Copyright Law. -- Page I. A Tale Of Two Engines – Little Gain Makes Work Hard – Power Is Knowledge – Toward Free Expression? Ge Chen. Includes Bibliographical References (pages 233-247) And Index. Cover -- Half-title -- Series information -- Title page -- Copyright information -- Epigraph -- Table of contents -- Acknowledgements -- Table of Cases -- ICJ Reports -- WTO Panel Reports -- WTO Appellate Body Reports -- CJEU Cases -- Domestic Cases -- Canada -- China -- Germany -- UK -- US -- Table of Treaties, Statutes and Legal Documents -- International Conventions/Treaties -- EU Directives -- Bilateral Treaties -- National Legislations -- China -- Historical Laws Prior to the Founding of the PRC -- Statutory Laws of the PRC Promulgated by the National People's Congress -- Regulations Issued by the State Council/Its Ministries of the PRC -- Judicial Interpretations of the SPC/SPP of the PRC -- Germany -- France -- UK -- US -- UN Document -- WIPO Document -- WTO/GATT Documents -- USTR Documents -- European Union Documents -- Miscellaneous -- List of Abbreviations -- Introduction -- 1 A Tale of Two Engines -- 1.1. Copyright as an Instrument of Regulating Free Expression in China -- 1.1.1. Access to Remuneration and Access to Knowledge: The Instrumentality of Copyright -- 1.1.2. Proprietary and Nonproprietary Copyright Rationales: How Is Copyright Related to Free Expression? -- 1.1.2.1. The natural-right theory -- 1.1.2.2. The personality theory -- 1.1.2.3. The utilitarian theory -- 1.1.2.4. The social-planning theory -- 1.1.3. Regulating Free Expression in Different Dimensions of Copyright -- 1.1.4. China's Dualistic Approach of Interest Balancing in Copyright Protection and the Control of Free Expression -- 1.1.4.1. Censorship: the origin of an embryonic form of copyright protection in ancient China? -- 1.1.4.1.1. The suppression of the private interest in commercial gains This book examines the topic of copyright and freedom of expression as an interdisciplinary issue. The book is not only targeted at copyright lawyers but it will also be of interest to those in the fields of human rights, global trade, economic history, political science, and modern China in general. This books offers a sophisticated analysis of how China's copyright system is intertwined with censorship and international copyright law