China’s Creative Industries
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China’s Creative Industries

Copyright, Social Network Markets and the Business of Culture in a Digital Age

Lucy Montgomery

China’s Creative Industries explores the role of new technologies, globalization and higher levels of connectivity in redefining relationships between ‘producers’ and ‘consumers’ in 21st century China.
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Chapter 2: Dynamics of Power: From State to Consumer

Lucy Montgomery


Since the establishment of the World Intellectual Property Organization (WIPO) in 1970, the breadth, scope and terms of global intellectual property protection have expanded steadily (Boyle 2004). As Miller and others discuss in Global Hollywood 2 (2005) a significant proportion of the world’s media and cultural products are now made and consumed transnationally. Governments around the world are searching for ways to encourage innovation and to add value to their economies by fostering newly defined ‘creative industries’. At the same time, digital technologies and new possibilities for peer-to-peer distribution and consumer co-creation are blurring boundaries between ‘producers’ and ‘consumers’ (Bruns 2008; Hartley 2009) and challenging established business models in what have traditionally been understood as ‘core copyright industries’. As policymakers, businesses and users jostle to optimize their interests in a rapidly changing economic, technological and global landscape, debates about how the rights of those who invest in creative products should be protected, and how the benefits to society of creativity and innovation might be maximized, have taken on new significance. The first section of this chapter introduces some of the most important debates surrounding China’s integration into rapidly developing global intellectual property frameworks, focusing in particular on the two areas of intellectual property most frequently connected to the creative industries: copyright and trademark. China has been the subject of criticism from trading partners for its failure to comply with foreign standards of protection for intellectual property rights (IPRs) for more than a hundred years (Alford 1995; Grinvald 2008). A great...

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