Chinese Film Laws: An Unintended Driver of Intellectual Property Infringement

Abstract

This timely comment introduces readers to the history and recent rise of the Chinese theatrical film industry, Hollywood’s subsequent reliance on the market, China’s current laws governing film and its obligations as a member of the World Trade Organization, and analyzes the unintended intellectual property implications of its film laws. While China has made commendable efforts at copyright reform and enforcement, its film laws undermine its progress and drive Chinese consumers to pirated content, costing Hollywood studios millions. This comment includes up to date laws and box office statistics, analyzes implications of the Trump administration's escalating trade war, and proposes realistic legal solutions that benefit Chinese and Hollywood stakeholders as China struggles to square the policy goals of the Communist Party with its increasingly capitalistic economy.

Keywords: China, Chinese Film Industry, Hollywood, Copyright, Intellectual Property, Film Industry, Censorship, World Trade Organization, Trade War, Film, Infringement, Trade War, Trump