Wang and Zhu (2003)

From Copyright EVIDENCE

Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Wang and Zhu (2003)
Title: Mapping Film Piracy in China
Author(s): Shujen Wang and Jonathan J.H. Zhu
Year: 2003
Citation: Wang, Shujen, and Jonathan JH Zhu. Mapping film piracy in China. Theory, culture & society 20.4 (2003): 97-125.
Link(s): Definitive
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: This is a study examining piracy in China. It uses empirical evidence from qualitative interviews with ten individuals in the industry. The study also includes a literature review.
Data Type: Primary and Secondary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: No
Comparative Study?: Yes
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
  • June 2000
Funder(s):
  • City University of Hong Kong

Abstract

This article examines one of the most crucial yet often-overlooked links in global film processes: piracy. It does so within the context of a changing digital media environment that calls for a reassessment of key dimensions: networks, globalization, technology, space and the state. More specifically, it focuses on the operation of film piracy networks in Greater China that includes the Mainland, Hong Kong and Taiwan. By zooming in on `Greater China', this article presents empirical accounts of specific links and connections on and between the intersecting distribution and piracy networks. In sum, distribution and piracy in China highlight some of the most interesting and intricate insights into issues of power, control, technology, network, speed, global-regional-national dynamics, subjectivities and reflexivity. Given the complexity of the issues, this study argues for a spatial, network and process-oriented theoretical framework.

Main Results of the Study

  • As a result of both the regulatory and theoretical fractures, piracy offers some of the most interesting and intricate insights into matters of control, space and the global economy.
  • Though piracy has cut into the profit margin of the Hollywood majors, it has also reinforced Hollywood dominance in global image markets by circulating Hollywood products and consequently cultivating and creating an environment and demand for more of these products.
  • Piracy challenges some aspects of the state power such as law enforcement but helps in others in that it creates employment, contributes to tax revenue and provides entertainment for 'an increasingly anxious public in a society in transition'.
  • Digital technology has increased consumer sovereignty.
  • Issues of piracy have highlighted the central, indispensable and indeed highly intricate roles the state plays in negotiating on the one hand with international trade regimes and transnational corporations, and on the other with piracy networks.


Policy Implications as Stated By Author

  • China provides an example of the shifting nature of relations between powerful entities and those engaged in piracy
  • It also demonstrates the fluidity of network (including national) boundaries evident in the shadow economy of piracy
  • China has been designated a source of economic loss for the Copyright industries of the USA
  • China has signed up to the TRIPS Agreement and other international treaties but the high levels of piracy indicate the power imbalance of using these top down methods alone to control piracy
  • Reasons for buying pirated films are varied and include lack of legitimately available films, or available films of high enough quality, or on the right technological format
  • Windowed release strategies are creating an incentive to buy pirated films by stemming supply



Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Green-tick.png
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Green-tick.png
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Green-tick.png
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)
Green-tick.png

Datasets

Sample size: 10
Level of aggregation: Individual
Period of material under study: 2000


Sample size: 1
Level of aggregation: Country
Period of material under study: 1950-2000