Why China Court Believe Google Books’ Scanning of Books Constitute Copyright Infringement?

[`QLB)()1C]KSA}DJ`HN9OK

(By Luo Yanjie)Abstract: The fair use system in China adopts a legislative model of “exhaustive listing”, and many judicial breakthroughs in recent cases appear to be more in conformity with principles of fairness and impartiality. Copyright Infringement against the right of reproduction shall be prohibited. However, an interesting question is whether the infringing party assumes liability for damages in cases where the copyright owner doesn’t actually suffer any losses.

Google Books has triggered global protest and litigation from publishers worldwide. The following is an introduction to a case that developed in China.

READ MORE

Comments and Analysis on Beijing Treaty on Audiovisual Performances

By Zhan Yi

On 26th June, the acceded countries at the diplomatic conference of WIPO signed the Beijing Treaty on Audiovisual Performances (the “Treaty”); the Treaty first established the overall protection system of performers’ rights concerning audiovisual works around the world.  The Treaty has covered more than 40 countries; with China being one of them. This essay is to analyze the effect on the audiovisual industry from the new Treaty, as well as the latest copyright law revisions in China.

READ MORE