Copyright protection for creative industries: Comparison among China and Europe

• Author: Cristina Ortega Nuere - Silvia Maria González
• Position: PhD, ENCATC President, European Network Leader in Cultural Management and Cultural Policy Education. Institute of Leisures Studies. University of Deusto - PhD Candidate in Leisure and human development at University of Deusto
• Pages: 31-51

LESIJ NO. XX, VOL. 2/2013

COPYRIGHT PROTECTION FOR CREATIVE INDUSTRIES:

COMPARISON AMONG CHINA AND EUROPE

Cristina ORTEGA NUERE*

Silvia Maria GONZÁLEZ**

Abstract

The impact and creativity has increased in the last years in Europe. It was focused by a United Nations

report on creative economy in 2008. Cooperation and trade in goods and services has increased. Today, the EU is

the biggest destination for China's exports and the second supplier to China. For the EU, China is the second trading

partner, after the United States. Based on current agreements between the two continents, we can mention the

following documents that justify our research: The bilateral issues and cooperation, including people-to-people

exchanges in 2011

1; EU-China Youth Policy Dialogue about education, culture and youth policies;2 The EU-China

high level people to people dialogue, celebrated in Chengdu, 2012.3 EU-China Business Summit, which took place

in September 2012, in Brussels.4 The EU is committed to strengthening its partnership with China, as demonstrated

by the fourteenth EU-China summit that took place in Beijing, 2012.5 Also there are some forums and conferences

that are relevant for our research such as, the EU- China high level cultural forum celebrated, in Brussels 20106;

Beijing in 2011; the Louvre in 20127, and the China-EU Seminar on cultural and creative industries cooperation.8

The rights of intellectual property law are more vulnerable in the cultural and creative sector. For this reason, it is

essential that we protect ideas and designs; they are the new creations and they need to be sheltered. In this article,

we are going to explain what intellectual property (IP) law is, specifically copyright, and how it began to appear in

China in order to understand the concept of copyright. To gather this information, we will discuss the copyright

protection for creative industries in China. And we will do a brief comparison about the copyright protection for

creative industries in EU, including legal mechanisms in EU that relates to China. The methodology is the

investigation and examination of documentation and we will elaborate a diagnose to observe the main differences

between the Chinese and European legislation.

In the end, we will summarize the previous material, and draw a conclusion.

* PhD, ENCATC President, European Network Leader in Cultural Management and Cultural Policy

Education. Institute of Leisures Studies. University of Deusto (e-mail: Cristina.ortega@deusto.es).

** PhD Candidate in Leisure and human development at University of Deusto (e-mail:

Silviamaria.gonzalez@gmail.com).

1 EU and China set to boost co -operation on education, culture, youth and research (2011). Accessed

December 20, 2012. http://eeas.europa.eu/delegations/china/press_corner/all_news/news/2011/20111023_

en.htm.

2 Education & culture: EU and China launch people-to-people dialogue. 2012.Accessed December

20,2012.

http://europa.eu/rapid/press-release_IP-12-381_en.htm?locale=en.

3 EU-China Youth Policy Dialogue. Accessed December 29, 2012. http://euchinayouth.eu/wp-

content/uploads/YOPOD_Action_Plan_for_EU-China_Cooperation.pdf.

4 15th EU-China Summit (2012). Accessed December 20, 2012.http://www.ibec.ie/IBEC/DFB.nsf/

vPages/Trade_and_international_relations~Asia_Business_Network~china-eu-china-business-summit-20-

september-2012-brussels-23-10-2012?OpenDocument. Further information: http://eeas.europa.eu/china/

summits_en.htm.

5 European commission Report: EU-China High level people to people dialogue. Accessed December 26,

2012. http://ec.europa.eu/education/external-relation-programmes/china_en.htm.

6 EU- China cultural Forum 2010. Accessed December, 27, 2012. http://ec.europa.eu/culture/news/first-

eu-china-high-level-cultural-forum-brussels_en.htm.

7 EU china high level transultural forum. Accessed December 27, 2012. http://www.euchinacultural

forum.com/.

8 EU-China Seminar of cultural cooperation. Accessed December 28, 2012. http://ec.europa.eu/culture/

eu-china/events/event_172_en.htm.

Lex ET Scientia International Journal

LESIJ NO. XX, VOL. 2/2013

Keywords: Crea tive industries, copyright, China, Eur ope, EU-China agreements.

Introduction

Few economic sectors have research as much economic potential in China and the EU as

the cultural and creative industries. (CCIs) have over the past few years. China is leading Asia in

the development of a creative economy. Its cultural sector contributes to 2.45% of Chinese GDP,

rising 6.4% higher than the growth of the general economy. European CCIs are worth 2.6% of the

EU´s GDP and generate 654 billion € in 2003, much more than the car manufacturing industry

9.

We can say that cop yright in the creative markets is “the soul” of the creation to prevent

plagiarism. It is the incentive for the creation. And it is for that, there is a local and global trade

through the copyright mechanism, the piracy has a huge impact on these industries, and that is

why copyright is a necessary tool to protect the profits of these industries. Europe believes that

with the directives, regulations, rules, and normative that p rotects designs and copyright law, the

piracy could decrease in a near future and the talent will rise again10. The European Union admits

it has cost the creative industry over 185 billion Euros in employment alone in 2008, that's why

the observatory of counterfeiting and piracy created in Europe has offered a competition called

"hands off my design”11.

This article will e xplain the impact of copyright law in the creative industries between

China and the European Union and the opportunities for trade and exchange among both

continents. The importance of this topic is on the agenda of many international organizations.

(UNESCO,12 WTO13, UNCTAD14, WIPO15). The procedure of the methodo logy consists in

content analysis of the Chinese legislation and the main differences in the Chinese and European

legislation concerning copyright in the creative and cultural industries.Also we will support the

analysis in the main organizations and treaties that exist in both continents that are important for

this topic. For example; The UNCTAD is his 2008 report on the creative economy has mention:

“It has the potential to generate income, jobs and export ear nings while at the same time

promoting social inclusion, cultura l diversity and human development. This is what the emerging

creative economy has a lready begun to do a s a leading component of economic growth,

9 KEA.“űhina EU creative industries mapping. December 2010.” Accesed January 23, 2013.

http://www.keanet.eu/report/china%20eu%20mapping%20exec%20sum%20english.pdf.

10 European Patent office report. “Scenarios for the future”. 2007.22-30,106 110. http://www.

marcasepatentes.pt/files/collections/pt_PT/1/178/EPO%20Scenarios%20For%20The%20Future.pdf.

11 “Intellectual property rights: Winners of "Hands off my Design. Accessed on January 01,

2013.http://europa.eu/rapid/pressReleasesAction.do?reference=IP/12/93&format=HTML&aged=0&langug

e=en&guiLanguage=en.

12 United Nations,Educational, Scientic andCultural Organization. (UNESCO). More information

available on UNESCO report 2009. What is and what it does. Accessed January 03, 2013. http://

unesdoc.unesco.org/images/0014/001473/147330s.pdf.

13 Word trade Organization. (WTO). Accessed January 03, 2013.More information available on http://

www.wto.org/english/thewto_e/whatis_e/who_we_are_e.htm.

14 United Nations conference on trade and development. (UNCTAD). Accessed January 03, 2013. More

information available on: http://unctad.org/en/Pages/Home.aspx.

15 Intelectual Property Organization. (WIPO): Accessed on January 03, 2013. More information available

on: http://www.wipo.int/about-wipo/en/.