Peter K. Yu (Texas A&M University School of Law) has posted “The Long and Winding Road to Effective Copyright Protection in China” (Pepperdine Law Review, Vol. 49, Forthcoming) on SSRN. Here is the abstract:
In November 2020, China adopted the Third Amendment to the Copyright Law, providing a major overhaul of its copyright regime. This amendment entered into effect on June 1, 2021. The last time the regime was completely revamped was in October 2001, when the Copyright Law was amended two months before China joined the World Trade Organization. Although U.S. policymakers and industry groups have had mixed reactions about the recent amendment, the new law provides an opportunity to take stock of the progress China has made in the latest round of copyright law reform.
Written for the Symposium on “Hindsight Is 2020: A Look at Unresolved Issues in Music Copyright,” this article begins by mapping the long and winding road to effective copyright protection in China, especially in relation to U.S. rights holders. It then focuses on the recent amendment, highlighting five sets of upgrades or changes while offering three closing observations. The article concludes by offering five road tips to help copyright holders accelerate the trip toward their destination of effective copyright protection.