Piracy on audio-visual product is a die-hard
problem challenging the whole world today, particularly the
developing countries. In China, the battle between
legitimate and pirated products has never ceased since the
1980s when the countrys audio-visual product embarked
on rapid development. From the first special campaign in
1989 to the present year, large amounts of manpower,
material and capital have been invested in various campaigns
against the pirating, illegal trafficking and circulation of
audio-visual products.
Since 1996, combat
against audio-visual piracy has become a pronounced priority
for the Chinese government in the administration of cultural
markets. Early that year, the Ministry of Culture enforced
an initiative to ban all the nations laser disc
projection venues, which were found to be great buyers of
pirated products. Over 5000 venues were closed within 3
months, and the number of video halls was also reduced.
In May 1996, the Ministry of Culture organized
the first national meeting on the administration of
Chinas audio-visual products market. In the following
June, a yearlong intensified action was launched to rectify
Chinas audio-visual products market. The State Council
administrative department issued a special statute entitled
Circular for Earnest Efforts in the Rectification of
Audio-visual Products Market. The Circular called upon all
levels of the peoples government and related
departments under the State Council to redouble their
efforts in the rectification of the audio-visual market, to
address both market development and administration, and to
honor their commitments to the nation and the people.
Meanwhile, the Ministry of Culture also set up a special
taskforce to fulfill its leadership responsibility in this
campaign. During the whole action, the Ministry has issued
altogether 14 regulatory documents; and the minister and
vice ministers of culture and chief officers of different
departments personally made 14 inspection tours to 34 cities
in 27 provinces and municipalities. In the outcome, piracy
of audio-visual products was effectively checked, as over 10
million items of illegal audio-visual products were
confiscated, above 4000 illegal businesses banned, more than
8000 unlicensed businesses sealed up, 20 plus distribution
centers of illegal products closed down; 6 illegal disc
companies exposed and punished, and over 800 violators of
law captured.
The intensified action from 1996
to 1997 is a clear testimony to the Chinese
governments principled stand, firm confidence and
tough measures in fighting piracy and safeguarding
intellectual property rights. The action levied a powerful
blow on the law offenders, and marked a notable victory on
the overall anti-piracy agenda. The year 1996 and 1997 thus
became a period when Chinas legitimate audio-visual
business rose to a new height of development.
In the subsequent years, new achievements were
scored in cracking down illegal disc production lines. Up to
date, 137 lines for illegal disc production (most of which
imported from European and American countries) were
uncovered, bringing heavy loss to the lawbreakers. From 1997
on, the wily criminals shifted their strategies into
trafficking illegal products made in overseas production
bases. In accordance, the China Customs has arranged for
several consistent years special campaigns against the
trafficking of pirated discs. On the night of October 1st,
1999 for instance, the Gongbei Customs of Shenzhen captured
on a sea boat 452, 000 items of pirated discs of over 410
categories, which became one of the largest disc-trafficking
cases ever detected by the customs.
Again from
June to July in 1998, the cultural authorities of the
Chinese government carried out another round of intensified
actions of market inspection and law enforcement, in which
more than 14 million items of illegal audio-visual products
were confiscated.
Aiming at the enhancement of
public awareness against piracy, the Ministry of Culture
decided in 1999 to launch publicity campaigns every year to
spread information on intellectual property rights and
related legislation to the whole society. In June 1999, an
Anti-piracy Week was initiated with the theme of
Piracy Selling Breaks Law; Piracy Buying Brings
Harm. Up to 2002, similar publicity activities on the
legislation of audio-visual market have been held for four
years running.
In 1999, large swarms of
pirated VCD series were found on the Chinese markets. These
series, large in quantity and each consisting ten to
hundreds in categories and bearing its own brand, showed
signs of careful planning and systematic management in their
production, processing, packaging and distribution. Noting
such evidence of serious collective crimes, the Ministry of
Culture issued an urgent circular on Oct. 9, 1999, kicking
off another special campaign against pirated series
simultaneously around the country.
On February
and April respectively, the Ministry of Culture publicized
several directories of illegal products, focusing on illegal
audio-visual series and illegal products copying
fast-selling Chinese films and TV plays. On Dec. 2, 2001,
following the instruction of the Ministry, over 200 cities
around the country destroyed in public 18,290,000 items of
illegal audio-visual products, making the total number of
destroyed illegal products of the year 90,050,000.
Audio-visual products distribution centers
formed on the bases of booth renting had long been
hard-boiled shelters of illegal objects, greatly disrupting
the market. Since 1999, the Ministry of Culture made a
decisive move to close all such centers across the country
within three years. Till Dec. 25th, 2001, 277 distribution
centers of audio-visual products around the nation were
closed down (among which 216 were shut in 2001 alone); over
8600 business dealers were suspended of license, shut from
business or moved to other venues. The closing of such
places proved to be a very significant measure taken by the
Ministry, for it has substantially damaged the major
circulation network for illegal audio-visual products around
the country.
In order to keep the momentum of
high pressure upon audio-visual piracy and illegal
trafficking, the Ministry of Culture organized a special
campaign again in 2002. This time over 199,000 people were
engaged in the law enforcement and inspection process,
covering 117,000 dealers of audio-visual products. A total
of 10,607 unlicensed businesses were cancelled, and 3550
business licenses suspended; altogether 10,713 cases settled
with administrative means, and 252 cases transferred to
public security and judicial departments. This year, the
number of confiscated illegal audio-visual products around
the nation has reached 43,447,000.
Today, the
Chinese public is increasingly aware of the importance of
intellectual property rights protection. Efforts in this
regard are heightened and the countrys audio-visual
products market is improving positively: First, legitimate
audio-visual products now enjoy steady increase in
circulation. Take Guangdong Audio-Visual Mall (a
national-level wholesale market) for instance, in 2000 the
circulation volume was 607 million RMB, 35% higher than in
1999; in 2001 it was 880 million, 45% higher than 2000; and
from January to June this year it was 810 million, 142%
higher than the same period last year. Second, the force
balance in the market shows favorable changes for the law
abiders. Legitimate publishers are growing stronger in
market control and economic power, and their role as market
pillars is gradually established. Third, infrastructure
construction of audio-visual markets is making headway. The
nation now has about 3000 chain stores and large
audio-visual super-markets (each above 500 sq. m. in floor
space). These stores and markets, along with audio-visual
sections in major bookstores, department stores, post
offices and so on, are becoming key channels for the
circulation of audio-visual products in the Chinese market.
The Chinese Government's Fight Against Piracy
2004-06-09 15:52