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Hastings Constitutional Law Quarterly

Abstract

While copyright protections are provided by nations around the world, the application and enforcement of copyright protections are not always consistent. Even between nations that have copyright treaties, conflicts have not always been avoided. With some nations, the United States has worked to increase copyright protections by lobbying for the adoption of a Western-style copyright law because United States economic policy seeks robust protections for international and domestic intellectual property.

A more effective way to achieve consistent application and enforcement of copyright protections specifically in China may be possible by encouraging a practice widely practiced by civil law nations: basing copyright protections in moral rights.

A moral rights foundation for Chinese copyright protections would be more effective because this system would better reflect traditional Chinese sentiments of honor and integrity. Emphasizing the similarities of the Chinese traditional values and the moral rights basis for copyright protections would better suit Chinese culture, a culture that has otherwise consistently resisted Western concepts of individual intellectual property rights that have no direct equivalent in China.

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