The new Copyright Law aims to emphasise and update the
protection for works subject to copyright, improving the legal
environment for foreign rights holders. As the third revision of
the law takes effect, analysis of the statute's history and the
latest changes highlights key actions that brand owners can take
now to burnish their enforcement strategies in China.
Headline changes to the copyright regime
Rethink on what is protected
In recent years, there has been a rapid rise in
the popularity of short videos, often filmed by users and then
posted online. However, there has been some disagreement over
whether these – and other new types of content – are
protected under the copyright regime in China. This is because the
previous law enumerated only eight types of works that are
protected by copyright and had an open clause to cover any
exceptions – namely, "other works stipulated by laws and
administrative regulations".