The comparison of Chinese and British copyright law under the Berne Convention
These articles discuss various aspects of copyright protected under the Berne Convention for the Protection of Literary and Artistic Works, the Copyright Law of the People’s Republic of China and Copyright, Design and Patent Act 1988 and the central theme is to compare the differences and similarities between Chinese and British copyright law under the Berne Convention. These problems are particularly acute after China’s admission to the World Trade Organization, such as the commitments made by Chinese government to protect copyright works of other member states. In the Introduction, the general structure of this dissertation is described. Chapter 2, 3 and 4 mainly answer the following questions: (1) what is protected? (2) who is protected? (3) how long is protected? (4) how much is to protect? And (5) how to protect? Chapter 2 is concerned with the copyright of Union authors and non-Union authors protected under the Berne Convention, which requires member states to follow the principle of national treatment. Chapter 3 generally introduces authors’ rights under British copyright law, the authors’ rights has been affected so much by European copyright directives in many ways, for example, protection terms, authorship of cinematographic works, right of reproduction, right of rental and the like. Chapter 4 addresses authors’ copyrights under the new amendment of Chinese copyright law before China’ admission to the World Trade Organization. Chinese copyright law has been adjusted to the Berne Convention’s requirement. The end of this chapter emphasizes on the introduction to the legal system of Chinese copyright protection. Chapter 5 contains a comparison of Chinese and British copyright law, this chapter mainly compares the differences and similarities with regard to the authorship of works, protection terms, economic and moral rights, remedies and legal systems of copyright protection. The dissertation concludes with the observation that some view of the points be put forward to the issue of copyright, such as the originality, national treatment, protection term and rights protected, legal systems and litigations.