Digital Convergence and IP Divergence

Abstract

This chapter proposes a legal, political, and social framework for a nation to formulate proper copyright policy and minimize the risk of potential IP trade conflicts in the digital age. It examines the challenges that the Internet and digital technology present to the traditional copyright legal system. It reviews and compares the copyright history in the U.S. and China, and explores major rationales behind copyright policies of these two countries as well as the main reasons why they were able to avert potential IP trade wars in recent years. By drawing on their experiences, the author argues that the interest of a country is only best served by tailoring its IP regimes to its particular economic and social circumstances. The author believes a nation’s copyright policy should always strike a sound balance of IP protection and social development, and makes some specific suggestions on how to achieve this in the digital age.