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China's copyright policy in the era of globalization: A chance to restore the public's interest

Posted on:2007-10-23Degree:Ph.DType:Thesis
University:The Pennsylvania State UniversityCandidate:Meng, BingchunFull Text:PDF
GTID:2446390005478811Subject:Law
Abstract/Summary:
This dissertation examines the development and implications of China's copyright governance within the context of China's integration into global capitalism. The purpose of this study is threefold. First, to shed light on the process of neo-liberal globalization in general by focusing on the power dynamics surrounding global copyright governance, in which the complex "antithesis-alliance" relationship between the transnational corporate interest, the nation-state and local industries is played out. Second, to critique the dominant discourse on copyright that prioritizes private property rights over preservation of commons, commercial interest over public access, and production over diffusion. It emphasizes that copyright is neither exclusively a property right as defined by corporate copyright holders nor a trade policy issue as framed by dominant copyright exporters. It is instead a developmental strategy that can be utilized by the state to stimulate economic growth and also a communication policy that has critical ramifications on the flow of information and the basic human right to communicate. Third, this study aims to deepen the understanding of the Chinese copyright regime per se by taking into consideration the unique political, economic and cultural conditions in China. On one hand, a careful analysis of local factors reveals the injustice and impracticability of harmonizing copyright regulation at the global level. On the other hand, concerns are raised about how ever-tightening global copyright governance will adversely affect the public interest in China.;After answering the research questions of why China adopted the current copyright regime and what are major characteristics as well as implications of the regime, I argue that a more inclusive and just information society needs a balance between private interest and public interest, between production of knowledge products and the diffusion those products, and between regulation and open access. With this in mind, I make several propositions for guiding China's future copyright policy.
Keywords/Search Tags:Copyright, China's, Policy, Global, Interest, Public
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