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Copyright and Fan Productivity in China: A Cross-jurisdictional Perspective
Published by Springer Verlag Singapore
This book takes a unique approach to mitigate the problem of massive online copyright infringement and justify fan activities. It argues for a cooperative approach that encourages copyright owners to exert a degree of control over their fan creators. In contrast to the current approach, which treats fan utilizations as theft, this book suggests that the copyright owners and the lawmakers should instead distinguish between fan creators and commercial pirates, allowing them unleash their potential. This book offers a clear and comprehensive account of the fascinating aspects of legal problems created by fan activities in China, Japan and the United States, offering a valuable guide for students, practitioners, academics and entrepreneurs whose work involves or who are interested in cutting-edge legal issues in the creative industry. Tianxiang He introduces us to the world of fandom inhabited by `fan-subbers', fan-dubbers', `mash-uppers', and `fan-fictionists' against the backdrop of copyright law and policy in China. His work is engaging in that it not merely describes the law, but also the political dimension where copyright and state media control converge into a reality where being an artist or a fan is not that straightforward. -- Prof. Anselm Kamperman Sanders, Institute for Globalization and International Regulation (IGIR), Faculty of Law, Maastricht University The tension between copyright holders and fan communities has been increasingly salient yet underexplored. This timely, insightful and deeply engaging book not only fills a niche, but also covers a country that has been rarely examined in this context. The book advances a promising model for the two groups to cooperate. It also explores complex issues concerning political culture, media regulation and civic engagement in China. A must read for anybody interested in copyright law, cultural production, digital technology or Chinese information policy. -- Prof. Peter K. Yu, Professor of Law and Director, Center for Law and Intellectual Property, Texas A&M University School of Law
Introduction.- Fight with the dragon.- The rise of fan activities.- A comparative examination of fan activities under current legal frameworks of the United States, China, and Japan.- Conclusions and recommendations.
Tianxiang He (China P. R. 1984) is Assistant Professor at the School of Law, City University of Hong Kong. He holds an LL.B. degree (Huaqiao University, China, 2007) and a Master degree in International Law (Jinan University, China, 2009). Tianxiang received his degree of Ph.D. at Maastricht University (the Netherlands, 2016), and Renmin University of China (2017). He is a recipient of Japan Foundation Fellowship, and of an Honorable Mention in the Ius Commune Prize 2014.
Reviewer: Caleb Simmons
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