Munich Intellectual Property Law Center (MIPLC) Shaping Copyright Policies for Online Music Sector in China: A Focus on Enforcement Kan He PhD Candidate MIPLC, Max-Plank Institute for Intellectual Property and Competition Law Sixth Advanced Research Forum on Intellectual Property Rights WIPO, 2012

2018/9/20 He Kan, MIPLC, 2012

Outline of Presentation Background Research Questions Main Issues Methodology 2018/9/20 He Kan, MIPLC, 2012

Background: Online Music Sector Online music is a music product, which is in a digital form, distributed through Internet and used in the way of streaming or downloading, etc. -Ministry of Culture 2018/9/20 He Kan, MIPLC, 2012

Background: Online Music Sector Source: i-Research, CNNIC, Ministry of Culture of PRC 2018/9/20 He Kan, MIPLC, 2012

Background: Online Music Sector Source: i-Research, Ministry of Culture of PRC 2018/9/20 He Kan, MIPLC, 2012

Background: Online Music Sector Source: i-Research, Ministry of Culture of PRC 2018/9/20 He Kan, MIPLC, 2012

Background: Legal Documents 1990 Copyright Law (2001,2010 modified) and Its Implementation Regulations 2000 Supreme court’s Interpretation on copyright disputes in Internet (2004,2006 modified) 2005 Protection Measures on Administrative Protection of Copyright on the Internet 2006 Regulations on Right of Information Transmission through Network Criminal Law and Supreme Court’s Interpretation on criminal liability of copyright infringement 2018/9/20 He Kan, MIPLC, 2012

Research Question Are copyright policies on enforcement for online music sector in China meeting the need of future development in this sector? Yes No How to optimize these copyright policies ? What are appropriate copyright policies? 2018/9/20 He Kan, MIPLC, 2012

Main Issues Policy Issues Legal Issues 2018/9/20 He Kan, MIPLC, 2012

Policy Issue: Goals of Copyright Policies for Online Music Sector Goal of Copyright Policies Intermediary Service Provider End-Users Creators and Right Holders Government Micro Level Macro Level 2018/9/20 He Kan, MIPLC, 2012

Policy Issue: Goals of Copyright Policies for Online Music Market Facilitate license mechanism and reduce the costs Fight against illegal websites and contents Educate the end-users to pay for music Impose suitable obligation on the intermediary service providers Provide freedom of creation 2018/9/20 He Kan, MIPLC, 2012

Legal Issue 1: Copyright Enforcement Mechanism in China Civil Enforcement: Courts Administrative Enforcement: National Copyright Administration of PRC (NCAC) and its sub branches, Ministry of Culture and its sub branches Criminal Enforcement: Ministry of Public Security (MPS) and its sub-branches, Public Prosecutors, Courts Self-Enforcement 2018/9/20 He Kan, MIPLC, 2012

Reach Threshold of Crimes Harm to Public Interest Copyright Infringement Criminal Enforcement Administrative Enforcement Civil Enforcement 2018/9/20 He Kan, MIPLC, 2012

Legal Issue 2: Copyright Policies on Civil Enforcement Litigation against ISPs rather than direct infringers Low amount of damages awarded. Less discussion on fair-use Preference of settlement over judgment 2018/9/20 He Kan, MIPLC, 2012

Legal Issue 3: Copyright Policies on Criminal Enforcement Lower threshold of criminality A channel between administrative enforcement and criminal enforcement Small amount of cases concerning online copyright infringement 2018/9/20 He Kan, MIPLC, 2012

Legal Issue 4: Copyright Policies on Administrative Enforcement Collective Actions and Campaigns Association with illegal content Approval of establishment of ICPs and introduction of foreign music 2018/9/20 He Kan, MIPLC, 2012

Legal Issue 5: Copyright Policies on Self Enforcement Cooperation among ISPs, ICPs, right holders and collecting societies Protection on TPMs Self-regulations and code of conduct of ISPs 2018/9/20 He Kan, MIPLC, 2012

Methodology Empirical Study a. case study: courts, governments’ decisions b. data collection: annual report, statistics Social-Analysis a. social environment in China b. Chinese view on copyright and Internet Economic Analysis a. Game theory b. Coase theory c. Cost-Benefit Analysis 2018/9/20 He Kan, MIPLC, 2012

Thank You for Your Attention 2018/9/20 He Kan, MIPLC, 2012

Contact Information He Kan PhD Candidate MIPLC, Max-Plank Institute for IP and Competition Law Marstallstrasse 8, 80538, Munich, Germany Tel: 0049-089-24246-5314 E-mail: kan.he@miplc.de 2018/9/20 He Kan, MIPLC, 2012