China vs. United States: A Cosmopolitan Copyright Comparison

Abstract

China has a notorious reputation for infringing on intellectual property, especially copyrights. Despite making substantial improvements in its copyright laws over the years, China continues to be haunted by this reputation. But is it really true? By analyzing China’s Copyright Law, this piece explores whether the assumption that China is a notorious infringer is valid. By comparing the copyright laws of the United States to those of China, and by comparing the number of litigated copyright cases that have recently occurred in both countries, this Article concludes that unfortunately Chinese citizens are still severely infringing on international copyrights. Such infringement harms not only foreign copyright owners, but Chinese citizens as well. Notwithstanding this dire conclusion, there is still hope. This paper posits three possible resolutions to help cure China’s reputational ills and weighs each solution's effectiveness.