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Explaining Audiovisual Media Piracy in China. Media Control, Enforcement and Globalisation

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Explaining Audiovisual Media Piracy in China. Media Control, Enforcement and Globalisation Explaining audiovisual media piracy in China. Media control, enforcement and globalisation Citation for published version (APA): Creemers, R. J. E. H. (2012). Explaining audiovisual media piracy in China. Media control, enforcement and globalisation. Rogier Creemers. https://doi.org/10.26481/dis.20120202rc Document status and date: Published: 01/01/2012 DOI: 10.26481/dis.20120202rc Document Version: Publisher's PDF, also known as Version of record Please check the document version of this publication: • A submitted manuscript is the version of the article upon submission and before peer-review. There can be important differences between the submitted version and the official published version of record. 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If the publication is distributed under the terms of Article 25fa of the Dutch Copyright Act, indicated by the “Taverne” license above, please follow below link for the End User Agreement: www.umlib.nl/taverne-license Take down policy If you believe that this document breaches copyright please contact us at: [email protected] providing details and we will investigate your claim. Download date: 24 Sep. 2021 Explaining Audiovisual Media Piracy in China Media Control, Enforcement and Globalization NUR-code: 828 © 2012 Rogier Creemers, Maastricht Cover illustrations: © Viktorus | Dreamstime.com Explaining Audiovisual Media Piracy in China Media Control, Enforcement and Globalization DISSERTATION To obtain the degree of Doctor At Maastricht University On the authority of the Rector Magnificus, Prof. dr. G.P.M.F. Mols In accordance with the decision of the Board of Deans, To be defended in public On 2 February, 2012, at 14:00 hours By Rogier Jaak Eugeen Helena Creemers Born in Bree on 9 December 1982 2 Supervisor Prof. dr. mr. Anselm Kamperman Sanders Assessment Committee 1) Prof. dr. Michael Faure (Chair) 2) Prof. dr. Bruno de Witte 3) Prof. dr. mr. Madeleine de Cock Buning (Utrecht University) © 2012 Rogier Creemers, Maastricht Cover illustrations: © Viktorus | Dreamstime.com 3 Table of Contents Table of Contents............................................................................................. 4 Acknowledgements .......................................................................................... 7 Table of Abbreviations..................................................................................... 9 Introduction .................................................................................................... 11 Chapter I: An Angle into China’s Media Piracy .......................................... 15 Defining audiovisual media piracy ........................................................................ 15 Audiovisual media........................................................................................................................... 15 What is piracy?................................................................................................................................ 16 Why audiovisual media?................................................................................................................ 18 The piracy value chain ................................................................................................................... 19 The economic damage of media piracy ..................................................................................... 31 Fiscal and social damage of media piracy .................................................................................. 32 The consumer......................................................................................................... 32 Research question .................................................................................................. 33 Existing explanations of piracy.............................................................................. 34 Methodology ........................................................................................................... 36 Motivations for piracy: demand and supply side ..................................................................... 37 Structure of the study............................................................................................ 39 Objectives of the study .......................................................................................... 41 About copyright, market and piracy .......................................................................................... 41 About China..................................................................................................................................... 42 About the WTO............................................................................................................................. 42 A note on ethics...................................................................................................... 43 Chapter II: A bird’s eye view of copyright law and its relationship with freedom of expression in China .................................................................... 44 The international system of authors rights ......................................................... 44 The current conception of copyright ........................................................................................ 45 International copyright treaties................................................................................................... 51 Copyright and other concerns .................................................................................................... 54 Conclusion............................................................................................................... 63 Chapter III: China’s Copyright Legislation .................................................. 65 Evolution and internationalization of the Chinese copyright system............... 66 Before 1979 ..................................................................................................................................... 67 1979-1990: autonomous development...................................................................................... 68 1992-1996: foreign pressure and cycles of futility .................................................................. 73 1996-current: international integration and the Internet...................................................... 75 Related developments ........................................................................................... 82 Conclusion: Limits of copyright law analysis and linkages to the corresponding chapters ................................................................................................................... 83 Limits of copyright.......................................................................................................................... 84 Limits of textual analysis ............................................................................................................... 84 Chapter IV: The mechanics of China’s media control ............................... 85 The institutional structure – the propaganda system ........................................ 86 4 State Council ................................................................................................................................... 89 Ministry of Culture......................................................................................................................... 89 State Administration of Radio, Film and Television................................................................ 90 General Administration of Press and Publications.................................................................. 90 The rules of media control .................................................................................... 91 Content restrictions ...................................................................................................................... 93 Licensing............................................................................................................................................ 97 Ownership and investment ........................................................................................................109 Screening restrictions..................................................................................................................113 Personnel matters ........................................................................................................................114 Positive incentives ........................................................................................................................114
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