6 Copyright and Competition: Law and Enforcement in the People’s Republic of China

Subject(s):

Monopoly — Copyright — Jurisdictions

This chapter analyses how copyright law serves a pro-competitive role not in a particular work as such but in the market for ideas. On the one hand, the law grants a right holder a specific form of exclusivity to the copyrighted work, and an expression of idea so such work can be enjoyed in the larger market by the many. The copyright owner's work, together with inspired works created by others, would form and stimulate competition in the market for the underlying idea. On the other hand, in order to reinforce such competition, copyright law exemplifies certain infringing acts from liability by applying the merger or fair use doctrines in contexts, in which the copyright owner's exercise of exclusive rights might impede competition in a related market.