Rethinking Copyright Reform: Should China Imitate or Innovate?

AuthorJie Hua
PositionAssociate (Legal Assistant title) at Deacons (Hong Kong); PhD (Intellectual Property Law), The University of Hong Kong; LLM in Comparative Law, University of Florida (Gainesville FL, U.S.A.); LLB, China Foreign Affairs University (Beijing, China)
Pages94-104
JICLT
Journal of International Commer cial Law and Technology
Vol.9, No.2 (2014)
94
Rethinking Copyright Reform: Should China Imitate
or Innovate?
(Jerry) Jie Hua
Deacons, Hong Kong
jerry.hua@deacons.com.hk
jerryhua@connect.hku.hk
Abstract: The revision of copyright law is influenced by the development of
technologies. The emergence of personal computer and internet brings technological
innovation reshaping copyright law in a continuously expansive trend. However, copyright
expansion should not be unlimited when appropriate access and exploitation of copyrighted
works is in danger. As a developing country where kn owledge and information resources
are inadequate, China would better initiate an innovative strategy i n the new round of
copyright reform rather than imitate legislative models of developed countries that over
intensifies copyright protection. The innovative strategy should well address the issues of
access, dissemination and exploitation of copyrighted works and balance the interests in
rights among copyright holders, technological intermediaries and public users.
I. Introduction
There is always a close relationship between technology development an d law reform. When
advancement of technology brings new changes to people’s social life and challenges existing legal
relationships, laws will often be adjusted and reformed to adapt to the new environment and address new
problems. Such interrelationship is especially reflected in the area of copyright law. The birth and
development of copyright law were cont inuously affected by promotion in technology. The invention of
printing press spurred the emergence of copyright law. The development of communication technology
led to the birth of a couple of new inventions which accelerate the reproduction and distribution of works,
including sound r ecordings, photography and motion pictures. These new communication and
broadcasting technologies “triggered a second wave of expansions and adjustments to copyright”.1 The
emergence of personal computer and the internet brings “a third distinct wave of technological innovation
reshapes copyright law” through empowering an yone with a connection to flawless, inexpensive and
instantaneous reproduction and distribution of works of authorship.2
In the fifteen century, th e Gutenberg invention of the printing press resulted in the efficient and
costless reproduction of literary works. The printing technology generated the early publishing industries
which demanded for protection to safeguard their privileges and interests in reproducing literary works.
The earliest protection was granted by the Venetian Republic as a patent right t o print books in all
Venetian territories for a limited period of time.3 The growth of pu blishing industries in a later few
decades led to the recognition of t he Venetian Cabinet for the exclusive rights in printing of particular
books.4 After printing press was imported to England and London became the center of trade, England for
Associate (Legal Assistant title) at Deacons (Hong Kong); PhD (Intellectual Property Law), The University of Hong
Kong; LLM in Comparative Law, University of Florida ( Gainesville FL, U.S.A.); LLB, China Foreign Affairs
University (Beijing, China). This article is based on parts in the PhD thesis titled “Toward A More Balanced
Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era” submitted to The University
of Hong Kong for partial fulfillment of the PhD degree. The author wishes to thank The University of Hong Kong for
its Graduate Studentship in financial s upport of the research and Professor Li Yahong of the University of Hong
Kong for her comments on the thesis draft.
1 Robert P. MERGES, Peter S. MENELL and Mark A. LEMLEY, Intellectual Property in the New Technology Age,
5th ed. (New York: Wolters Kluwer, 2010) at 411.
2 Ibid.
3 Robert P. MERGES, Peter S. MENELL and Mark A. LEMLEY, supra note 1 at 412.
4 Ibid.

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