Donnie Dong will discuss his research on the justification of copyright protection in China. He will review the Chinese legislative history of copyright protection during the past hundred years, and draw the conclusion that the Chinese copyright law has been, and still is, justified with the utilitarian approach. He thinks that this characteristic, rather than the difference between the respective legal systems, may be one of the reasons that cause the continous collision between the US copyright law and its Chinese counterpart in future.
Author’s right or Copyright: The Melting Pot of China’s Copyright Law
1. Author’s right or Copy right: The Melting Pot of China’s Copyright Law Hao Dong, Donnie Fellow, Berkman Center for Internet and Society [email_address] http://www.blawgdog.org
2. Who is the Dominant One? John Locke Jeremy Bentham Confucius karl Marx
3. [a] page of history is worth a volume of logic . -- Oliver Wendell Holmes, Jr.
15. Identity and Incentives to Authors Identity Rewards Intellectuals Ancient China Honors and social status Brainworkers Communist Era Wages and remuneration Authors Opening-up Exclusive rights to “authorize” and royalties. Not the “right to do ...”
In short, 1915 ~1949 on mainland China, and 1949~1985 in Taiwan, the Copyright Law of the ROC had never been operated as an automatic mechanism, registration is the premise of copyright protection. In these seventy years, the moral rights had never been protected.