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Vol 23 No 3 March/April 2018

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New Challenges of Chinese Copyright Law under the Digital Age:A Comparative Copyright Analysis of ISP Liability, Fair Use and Sports Telecasts

ISBN13: 9789041137937
Published: October 2011
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £48.00

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Under what circumstances should Internet Service Providers (ISPs) be held liable when copyrighted material is made available over the Internet without authorization of rights holders? Is Google’s controversial Library Project to scan millions of books into digital format an ambitious plan for public good or is it just another format of copyright infringement under the digital age? When audience enjoys watching live broadcasts of sports events, who are the rights holders behind the scene, and how do they protect their rights and interests from being infringed? All these questions have become highly important under the digital age, and therefore drawn serious attention from legal scholars and legislators worldwide. For direction, the world looks to influential legal regimes arising from the U.S. copyright law, the EU Directives, along with the jurisprudence and legal theory that attaches to each. But the world also looks to China, where a rapidly evolving legal regime holds its own course. 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.

The author draws on numerous case studies from several countries and on the full range of legal theory in the field to explore how these copyright issues are treated differently in each country. In addition, addressing problems and uncertainties under the existing PRC copyright law, she proposes a number of measures to be considered in China’s legislative reform process. Although for this eason the book will be especially valuable to parties concerned with Chinese law, the centrality of the subject and its comparative legal analysis is sure to appeal to interested lawyers, policymakers, and scholars worldwide.

Other Jurisdictions , China
The Author v Preface xi Acknowledgement xiii Introduction xv Chapter 1 Liability of Internet Service Providers I Introduction 1 II Liability of ISP in the United States and Europe III ISP Legislation and Cases in China IV Uncertainty Regarding ISP Liability under the Existing PRC Copyright Law V Recommendation VI Conclusion Chapter 2 Reevaluating Fair Use in China I Introduction 33 II Fair Use under the United States Law III Fair Use/Fair Dealing Doctrines in Other Countries IV Fair Use/Fair Dealing in China V Recommendation VI Conclusion Chapter 3 How Should China Respond to Online Piracy of Live Sports Telecasts? I Introduction II Online Piracy of Live Sports Telecasts Worldwide and How Other Countries Respond to Such Problems III Protection of Live Sports Telecasts in China IV Looking Beyond the Beijing Olympic Games: Why it is Important for China to Protect Live Sports Telecasts V Recommendations on How to Protect Sports Telecasts in China VI Conclusion