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The Chinese Cultural Perceptions of Innovation, Fair Use, and the Public Domain: a Grass-Roots Approach to Studying the U.S.-China Copyright Disputes

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The Chinese Cultural Perceptions of Innovation, Fair Use, and the Public Domain: a Grass-Roots Approach to Studying the U.S.-China Copyright Disputes THE CHINESE CULTURAL PERCEPTIONS OF INNOVATION, FAIR USE, AND THE PUBLIC DOMAIN: A GRASS-ROOTS APPROACH TO STUDYING THE U.S.-CHINA COPYRIGHT DISPUTES Dexin Tian A Dissertation Submitted to the Graduate College of Bowling Green State University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY December 2008 Committee: Oliver J. Boyd-Barrett, Advisor Dominic Catalano Graduate Faculty Representative Victoria Smith Ekstrand Canchu Lin ii ABSTRACT Oliver J. Boyd-Barrett, Advisor The purpose of this dissertation project was to explore the Chinese cultural perceptions of copyright and the Chinese historical understanding and social practices of innovation, fair use, and the public domain so as to provide a grass-roots approach to studying the recurring U.S- China copyright disputes. Guided by the theoretical frameworks of the theory of reasoned action, strategic and tactical resistance, and hegemony as well as Hofstede’s individualism-collectivism cultural dimension, the researcher has conducted 45 in-depth interviews of Chinese copyright holders and consumers for data collection and used hermeneutics and thematic analysis to examine the data. The research findings are as follows: (I) Just a small number of the participants, who are lawyers, editors, and authors, offered complete and insightful understanding of the concepts under discussion while the majority who are university teachers, college and high school students, as well as business people and farmers demonstrated very vague understanding of the concepts. (II) Copyright piracy is so common in China that it is hard not to follow the stream. (III) As for the reasons for piracy, the study indicated that (i) the Chinese copyright legal system lacks a matching cultural environment; (ii) the levels of Chinese income and copyright awareness call for adjusted U.S. strategies of intellectual property rights (IPR) and flexible prices of intellectual property (IP) products at the Chinese market; and (iii) at odds with the modern concept of copyright are the Chinese tradition of sharing with one another, taking from others and the public without any sense of guilt, and disfavoring criminal litigation of copyright infringement as a result of the Confucian pursuit of social harmony. (IV) To awaken and enhance the national awareness of copyright protection in China, the study showed that: (i) if iii the government is really serious about copyright piracy, ordinary people will also take copyright protection seriously; (ii) most Chinese need to be educated about copyright and IPR via media, schools, and law enforcement; and (iii) more emphasis on national innovation can bring about the self-motivated driving force to protect copyright from domestic innovators as stake-holders. (V) To resolve the U.S.-China copyright disputes, the study revealed three kinds of suggestions: (i) maximum patience and genuine help with the Chinese creation of the cultural environment for the enforcement of the copyright law; (ii) flexible prices of copyright products at the Chinese market; and (iii) following the golden mean to promote innovation and protect copyright. The adopted theoretical frameworks have proved useful in interpreting the meanings of the research findings and their scope and applicability have been either expanded or reconfirmed. As the first qualitative study of the U.S.-China copyright disputes based on the Chinese cultural perceptions of innovation, fair use, and the public domain, this study fills a void by enriching the body of knowledge on copyright disputes between the United States as the biggest developed country and China as the largest developing country. iv This dissertation is dedicated to Bowling Green State University and all my professors and friends. It is Bowling Green State University that has provided me with an opportunity to realize my dream of this doctoral pursuit. It is all those professors and friends who have taught me, helped me, and advised me that make my dream come true. v ACKNOWLEDGMENTS This dissertation project has provided me with a rare opportunity for both personal and professional growth. It is my privilege to have had this experience, and I am deeply indebted to quite a number of people who have encouraged and supported me throughout this challenging and rewarding research process. First and foremost, I wish to express my greatest appreciation to my committee members without whom this dissertation would not be possible. Dr. Oliver J. Boyd-Barrett, my advisor and chair of my committee, thank you for guiding and supporting me during the whole process of my project. Your insightful, detailed, and timely comments on my drafts have motivated me to move forward on the right track. Dr. Dominic Catalano, thank you for your knowledgeable and insightful guidance regarding the scopes for more authorial interpretation and assessment and for identifying the ways and reasons participants connect to the issues under study. Dr. Victoria Smith Ekstrand, thank you for your initial inspiration and continuous encouragement of me to pursue my interest in copyright and other related components of intellectual property rights. It is your professional expertise, invaluable guidance, and high expectation that have pushed me clear-headed and highly spirited along this lengthy path of my academic endeavor. Dr. Canchu Lin, I can never thank you enough for your availability to help clear my confusions occasionally and gear my train of thought in the right direction. Thank you for teaching me the useful research methodologies and assisting me with the correct application of the relevant research methods. I am also deeply indebted to quite a number of people who have supported and assisted me throughout my graduate study. My heart-felt thanks go to Dr. Alberto Gonzalez for his encouragement in my academic pursuit and insightful suggestions regarding the blueprint for this project. I am grateful to Dr. Lynda Dee Dixon and Dr. Catherine Cassara-Jemai for leading me vi and keeping me on the right track of graduate study and academic pursuit. I am also grateful to Dr. Michael Butterworth and Dr. Stephen M. Croucher for their completely fresh and inspiring teaching styles and valuable help with my paper writing and teaching demonstration rehearsal. I am especially grateful to Dr. John Makay, Dr. Jeoffrey Howes, Barbara Laird, and Drs. Wally and Diane Pretzer for their great assistance with my publications. My utmost gratitude goes to Dr. John Warren, Dr. Timothy Pogacar, Dr. Kristie Foell, Dr. Christina Guenther and Dr. Radhika Gajjala for their concerted efforts to obtain assistantships for me year after year. I am deeply indebted to them for their excellent leadership and willingness to accept me as their colleague. My heartfelt thanks definitely go to Dr. Jeffrey Grilliot, Paul Hofmann, and Anne Saviers in the Center for International Programs for their efforts to bring me to BGSU, offer endless care and support during my stay here, and share my happiness in my academic and professional achievements. I am also extremely grateful to Victor Ten Brink and his wife, David Bartholomew and his wife, Julie George and Deb Hendricks and many others for their hospitality, generosity, and assistance during my graduate study in Bowling Green, Ohio. Last, but not the least, I’d like to thank Chin-Chung Chao for helping me with the coding of the interview transcriptions and analysis of the raw data. My thanks also go to my family, relatives, and friends in China for their great concern and valuable support. To Dr. Wally Pretzer and Precious Yamaguchi, I show my utmost gratitude for their combined efforts to make my dissertation as error-free as it can be. In one word, I owe any possible success and honor of this project to all those mentioned above, many others that have not been mentioned, and the 45 interview participants! vii TABLE OF CONTENTS Page CHAPTER I INTRODUCTION…………………………………………………. 1 Background………………………………………………………………….. 1 Purpose and Research Questions……………………………………………. 9 Rationale…………………………………………………………………….. 16 Organization…………………………………………………………………. 18 CHAPTER II LITERATURE REVIEW…………………………………………. 20 Key Concepts…………………………………………………………………. 20 Perception………………………………………………………….. 20 Innovation………………………………………………………….. 22 Fair Use…………………………………………………………….. 24 The Public Domain…………………………………………………. 27 Major Categories of Relevant Literature………………………………………….. 29 The Legal and Administrative Perspectives……………………….. 29 The Developmental and Innovative Perspectives………………….. 40 The Historical and Cultural Perspectives………………………….. 45 Conclusion……………………………………………………………………. 57 CHAPTER III THEORETICAL FRAMEWORKS AND RESEARCH METHODS.. 60 Theoretical Frameworks…………………………………………………….. 60 Theory of Reasoned Action………………………………………… 61 Strategic and Tactical Resistance…………………………………… 63 Hegemony ……………………….…………………………..…… 66 viii Research Methods……………………………………………………………. 71 Philosophical Foundation………………………………………….. 71 Ontology……………………………………………………………. 71 Epistemology……………………………………………………….. 72 Data Collection……………………………………………………… 72 Data Analysis………………………………………………………. 75 The Rationale for Adopting the Research Methods………………. 77 Conclusion……………………………………………………………………. 79 CHAPTER IV DATA ANALYSIS AND RESEARCH FINDINGS……………… 80 Participants………………………………………………………………….. 80 Research Findings…………………………………………………………… 87 Understanding of the Copyright, Innovation, Fair Use, and the Public Domain…………………………………………………….. 87 Interpretations of the Copyright Piracy Phenomenon and the U.S.-China Copyright
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