This note examines the current state of China's intellectual property rights protection as it relates to movie piracy. Part I examines the different types of film piracy occurring in China and the current severity of the problem for the United States motion picture industry. Part II traces the history of copyright law in China and examines China's commitments under the international copyright treaties it has signed with the United States and other nations through its recent accession to the WTO. Part III discusses why movie piracy in China is still on the rise despite these commitments and highlights why cultural, ideological, judicial and administrative problems impede their enforcement. Part IV argues that pressure tactics in the form of U.S. trade sanctions against China are ineffective to combat these problems and proposes solutions that can operate effectively from within China, obviating the need for outside pressure.
Cracks in the Great Wall: Why China's Copyright Law Has Failed to Prevent Piracy of American Movies Within its Borders,
9 Vanderbilt Journal of Entertainment and Technology Law
Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol9/iss2/5