1. 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

2. 2018/9/20
He Kan, MIPLC, 2012

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

4. 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

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

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

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

8. 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

9. 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

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

11. 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

12. 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

13. 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

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

15. 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

16. 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

17. 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
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He Kan, MIPLC, 2012

18. 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
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He Kan, MIPLC, 2012

19. 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
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He Kan, MIPLC, 2012

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

21. Contact Information
He Kan
PhD Candidate
MIPLC, Max-Plank Institute for IP and Competition Law
Marstallstrasse 8, 80538, Munich, Germany
Tel:
2018/9/20
He Kan, MIPLC, 2012