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Yu Texas A&M University This Special Issue brings together leading copyright scholars from China to explore new developments brought about by the Third Amendment to the Chinese Copyright Law (“Third Amendment”), which entered into effect in June 2021. The last time China completely overhauled its copyright statute was in October 2001, t... Read Article THIRD AMENDMENT TO THE CHINESE COPYRIGHT LAW Peter K. Yu Texas A&M University Since July 2011, China has actively explored ways to upgrade its copyright law. Read Article THE STATUS OF THE OBJECT OF COPYRIGHT: RESEARCH ON THE SYSTEM OF WORKS PROTECTED BY THE AMENDED CHINESE COPYRIGHT LAW Xiaoqing Feng Intellectual Property School Lixian Cong Intellectual Property School The copyright system is the product of science and technology as well as commodity economic development. The copyright system a country adopts is based on copyright legislation and its improvement. The change and reform of that system is a process of modernization in response to technological development, especia... Read Article THE AUDIOVISUAL WORKS AND THEIR PROTECTION UNDER CHINESE COPYRIGHT LAW Huaiwen He Zhejiang University Guanghua Law School With the new amendment of the Copyright Law of People’s Republic of China (“Copyright Law”) coming into effect on June 1, 2020, “cinematographic works and works created by a process analogous to cinematography” (hereafter referred to collectively as “cinematographic and quasicinematographic works”) have given pla... Read Article CHALLENGES AND OPPORTUNITIES OF CHINA'S COPYRIGHT COLLECTIVE MANAGEMENT IN THE NEW ERA Xiuqin Lin Xiamen University Xuan Wang Ph.D. Candidate, Xiamen University The copyright collective management system in China started at the end of the twentieth century, although its Copyright Law, which was first promulgated in 1990, did not mention copyright collective management. The legal basis of collective management finds its legislative origin in the Implementation Regulations... Read Article THE TERM OF PROTECTION FOR PHOTOGRAPHIC WORKS IN 2020 COPYRIGHT LAW: A REMARK AND THE PROPOSAL ON REVISION Wang Qian East China University of Political Science and Law Photographic work is one of eight categories of works clearly enumerated in the Copyright Law of China. As early as the first Copyright Law enacted in 1990, “photographic work” is listed as a protected work. The nature of photographic works as artistic works has been widely recognized today all over the wor... Read Article THE COPYRIGHT LIMITATIONS OF THE 2020 COPYRIGHT LAW OF CHINA: A SATISFACTORY COMPROMISE? Tianxiang He City University of Hong Kong, School of Law After almost a decade of discussion, public consultation, and legal debate, the third revision of the Copyright Law of China (“CLC”) was finally passed on November 11, 2020 and entered into effect on June 1, 2021. The 2020 CLC made many major revisions to clauses related to the definition of works, the protected ... Read Article COPYRIGHT EXCEPTIONS FOR TEXT AND DATA MINING IN CHINA: INSPIRATION FROM TRANSFORMATIVE USE (Jerry) Jie Hua Shanghai International College of Intellectual Property Text and data mining (“TDM”) refers to the creation of new, non-obvious information such as patterns, trends, or relationships from a collection of text-based documents including books, images, webpages, emails, and reports. TDM helps to dig out the hidden gold from textual information and leaps from old-fashione... Read Article INCONSISTENT ANTI-CIRCUMVENTION LEGISLATION AND ITS FUTURE IN CHINA: TOWARDS A HARMONIZED AND BALANCED APPROACH Lin Xie School of Law, Sun Yat-san University The anti-circumvention of technological protection measures (“TPMs”) is one of the most controversial areas in copyright law. In China, the related legislation has long been criticized for its confusion around the liability for circumvention and the inclusion of a very small number of exemptions. Unfortunately, t... Read Article THE AMENDMENT OF COPYRIGHT ADMINISTRATIVE ENFORCEMENT IN CHINA Huijia Xie School of Law, South China University of Technology Liuxi Chen Ph.D. Candidate, School of Business Administration, South China University of Technology Copyright administrative enforcement in China is also known as administrative protection, whereby the law authorizes an administrative entity to apply administrative means to protect copyright. Administrative protection is an efficient, effective, low-cost, and important part of copyright protection in China. Read Article I am pleased for the Journal to offer in this edition eleven interesting perspectives on the Third Amendment to the Chinese Copyright Law. This is a unique resource for our readers, and indeed the copyright bar. For most, it is difficult to study Chinese law, let alone write about it effectively. Yet, in this edition, the Journal is lucky to have eleven authors with extensive expertise about Chinese law and Chinese copyright. I wish I could take credit for arranging this, but I cannot. Credit for the symposium must go to Professor Peter Yu, a member of the Journal’s Board of Editors. He is also the Regents Professor of Law and Communication and the Director of the Center for Law and Intellectual Property at Texas A&M University School of Law. As many of our readers know, Peter has published often about Chinese copyright law, and he is the one who conceived of the symposium, contacted and assembled its authors, and helped edit the articles as they came in. His preface to the symposium offers an overarching theme for the topics covered. Anyone who has ever organized a symposium knows how much work this involves, and this one is no exception. I think there are very few people who have the combination of expertise and linguistic skills that Peter so generously used on behalf of the Journal. As always, I welcome comments from our readers. Alfred C. Yen Professor of Law and Dean’s Distinguished Scholar Boston College Law School alfred.yen@bc.edu
