408
“While economies with high levels of copyright enforcement are able to protect creative output and provide a basis for its exploitation and commercialization in the marketplace through well-enforced intellectual property systems, China’s creative industries must find other ways of extracting value from their work.”
“Both Confucian and socialist concepts of creativity provide a rich tapestry for Chinese intellectual property lawyers to draw upon as they seek a balance between strict enforcement of individualized rights and mapping out limitations or exceptions to those rights, as well as promoting alterna- tive models for managing copyright in certain sectors or spaces – such as Creative Commons and Science Commons models. Confucian philosophy emphasized the transmission or passing down of creative works for others to build on, rather than learning or creation as in individualized activity. The Confucian statement: ‘I transmit rather than create – I believe in and love the Ancients’ (The Analects) is an example of this approach.”

409
“The recognition of individual proprietary rights in creative works marked a historic shift – on paper at least – away from notions of sharing, distribution and collaborative production, emphasizing instead the role of the individual author and his or her right to dictate the terms on which a work can be modified or distributed.”

411
“Reduced levels of government funding [since the early 1990s], combined with new opportunities provided by the market economy, are placing film-makers and musicians under heavy pressure to find new sources of funding and to build commercially sustain- able businesses. Complicating matters is the fact that levels of piracy in China mean that the royalty-based business models that dominate other markets are simply not yet viable in China.”

411f
Some companies are enforcing copyright legally, with some success.

412f
Huayi Brothers make extensive use of product placement.

413
“advertisers whose products appear in Huayi Brothers films do not really care whether the films featuring their product are distributed legally or illegally. As long as people watch Huayi’s films and are exposed to the products being displayed within them, companies that have paid money to help develop a brand profile are satisfied. As in other markets, this strategy helps take pressure off royalty payments as the only source of income for film producers.”

413f
Mp3 downloading sites are fairly easy to fight in China, because the Internet is so strictly controlled. P2P, however, might change this entirely.

414
“The paltry income that can be derived from these sources [CDs and the Internet] leaves them with artist management and live events as their most significant sources of revenue.”

415
FLOSS (Free Libre Open Source Software) and Creative Commons “help reduce enforcement costs and refocus copyright management on creativity and distribution, rather than control.”

416
“At present, pressure for enforcement of copyright in China is still driven to a large extent by foreign governments and corporations that wish to see their intellectual property protected. Once this motivation is more directly related to China’s own creative sector it might be expected that copyright law and enforcement will be more closely scrutinized and invested in by government and local businesses.”
“the demand for creative products – particularly by emerging upwardly mobile urban middle classes – and the successes in extracting income from content experienced by music copyright owners in relation to mobile phone ringtones, suggest that with a combination of pricing, local product, technology and legal enforcement, such a cultural shift [such changes in copyright practices] may not be impossible.”