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Ladataan... Pirates and Publishers: A Social History of Copyright in Modern ChinaTekijä: Fei-Hsien Wang
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A detailed historical look at how copyright was negotiated and protected by authors, publishers, and the state in late imperial and modern ChinaIn Pirates and Publishers, Fei-Hsien Wang reveals the unknown social and cultural history of copyright in China from the 1890s through the 1950s, during a time of profound sociopolitical changes. Wang draws on a vast range of previously underutilized archival sources to show how copyright was received, appropriated, and practiced in China, within and beyond the legal institutions of the state. Contrary to common belief, copyright was not a problematic doctrine simply imposed on China by foreign powers with little regard for Chinese cultural and social traditions. Shifting the focus from the state legislation of copyright to the daily, on-the-ground negotiations among Chinese authors, publishers, and state agents, Wang presents a more dynamic, nuanced picture of the encounter between Chinese and foreign ideas and customs.Developing multiple ways for articulating their understanding of copyright, Chinese authors, booksellers, and publishers played a crucial role in its growth and eventual institutionalization in China. These individuals enforced what they viewed as copyright to justify their profit, protect their books, and crack down on piracy in a changing knowledge economy. As China transitioned from a late imperial system to a modern state, booksellers and publishers created and maintained their own economic rules and regulations when faced with the absence of an effective legal framework.Exploring how copyright was transplanted, adopted, and practiced, Pirates and Publishers demonstrates the pivotal roles of those who produce and circulate knowledge. Kirjastojen kuvailuja ei löytynyt. |
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Like London printers, they also attempted to achieve through guild regulation what they couldn’t get from the state, with mixed results. The guilds focused on unauthorized copying of printing blocks; anyone who possessed their own blocks, even of the same work, was generally allowed to use those. Wang argues against William Alford’s well-known argument that copyright was alien to Chinese legal thought and thus not integrated for a long time, though a lot of the story here is fairly consistent with Alford’s—publishers did assert property claims, but they were not successful for a long time (just as London publishers failed for a while). Wang emphasizes uncertainty and contestation rather than a clear progression, which seems fair. It was also interesting that printers sometimes tried to deploy trademark, rather than copyright, against pirates.
There were also “Chinese characteristics” to this story, such as the specific ideology that forced authors to downplay interest in remuneration in favor of contributions to state and society. When reform got rid of the old civil service examination procedure, it was a huge shock to the system and publishers rushed in to provide guides to the new knowledge, often badly translated and pieced together, replacing the earlier works that prospective government officials had studied. When they sought state-granted monopolies, then, printers emphasized the value of their specific works—leaving them vulnerable to criticism of their worth. As with English printing, copyright and licensing/censorship often went hand in hand; publishers used the Ministry of Education’s review as advertising for the quality of their textbooks, but also complained that the Ministry didn’t bother reviewing (and thus granting rights in) popular works of fiction.
Under Communist rule, things got much harder for authors, who were supposed to be regular laborers, but working under pay scales that didn’t reward laborious/intensive work, while popular writers could still become quite wealthy (until they were denounced for rightist sympathies). The Communists were also ambivalent about piracy; they’d encouraged and engaged in unauthorized copying to spread the ideological word. (