Cultural Control and Globalization in Asia: Copyright, by Laikwan Pang PDF


By Laikwan Pang

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Additional info for Cultural Control and Globalization in Asia: Copyright, Piracy, and Cinema (Routledgecurzon Media, Culture and Social Change in Asia)

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But how can any comprehensive copyright system in China afford to ignore the protection of any work created before 1990? Concepts of authorship are not only historically but also culturally specific. Peter Feng’s criticism of the ex post facto practice of copyright law in China can be extended to a postcolonial critique, questioning those using Western legal concepts to criminalize actions that are not considered crimes where they are committed. Marilyn Randall uses the case of Yambo Ouologuem’s Le Devoir de violence (Bound to Violence), which earned the important French Prix Renaudot before it was labeled a plagiarism, to demonstrate how the case highlights the postcolonial problems of Western copyright law.

It also explains why telephone books or other databases are in principle not copyrightable. To fulfill this second copyright prerequisite, “originality” and “creativity” cannot be separated, hence the importance of the concept of “authorship” in copyright discourse. A person who has “discovered” an unpublished manuscript cannot own its copyright, because he or she did not write it, and has not been granted copyright by the real author. On the other hand, if a musician creates a piece of music that, by coincidence, resembles one created years ago, the musician can still claim copyright of the work as long as the musician can prove that he or she had never heard the first piece of music or does not intend to infringe its copyright.

Hansen 1994). When Hollywood entered its studio era in the 1920s, the cinema of attractions was gradually replaced by narrative films that stressed realistic motivations (Bordwell et al. 1985), but the collapse of the Hollywood studio system in the 1960s led the American film industry to revive the cinema of attractions, imbuing world cinema with sensational excitement (Hozic 2000; L. Williams 2000). Today, more and more contemporary Hollywood films feature either a succession of visual and auditory shocks and thrills, or fragmented storylines or character traits that mock classical Hollywood cinema’s respect for narrative and character unity.

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