Sampsung Xiaoxiang Shi - Law and Justice Research Centre

Higher Degree Research Student

Beacher of Law, East China University of Political Science and Law

Master of Civil and Commercial Law, East University of Political Science and Law

PhD Candidate, Faculty of Law, QUT

Licensed Legal Practitioner, People’s Republic of China

Contact:

QUT Gardens Point, C Block, Level 3

Tel: (07) 313 82166
Fax: (07) 313 81161
Email: xiaoxiang.shi@qut.edu.au

Enrolment:

PhD in Law (full time)

Thesis Title:

Copyright and Its Impact on Creativity in Networked Information Societies: Towards A Rational Theory of Copyright Law

Thesis Abstract:

Hayek believes that compared to governments, markets act more effectively to optimize the generation and handling of information; however other economists disagree with this assertion.  The best approach is likely to be produced by some appropriate hybrid of the two.  Modern copyright law (and other laws of intellectual property), as a legal instrument (if not the only one) regulating the production and flow of information is the key policy and legal tool to sustain such a hybrid.  However, the existing copyright regime established three centuries ago is very problematic in this new and networked information age. For example, the changing social context, such as the application of new media and communication technologies, new production of knowledge, and especially the democratisation of creativity, has brought about continuing challenges to this regulatory framework. In this networked information society, the prevalence of a participatory and read/write culture and the rise of everyday creativity are reflections of the transformation of the dynamics of knowledge generation and information flow. Accordingly, copyright law more than ever plays an increasing role in the assurance of the flow of information, and thus in promotion of the growth of economy (in both positive and negative senses).

Based on neo-Schumpeterian or evolutionary economics, this thesis aims to scrutinize the process and the nature of knowledge growth (including the origination, dissemination, adoption and retention of knowledge); and thereafter articulates a regulatory framework (copyright in particular) that is favorable to such process. To this end, this thesis proposes a relational theory of authorship which sees intellectual creations as a cumulative and collaborative process with involvement of massive amounts of individuals, and furthermore, intellectual and artistic creations are merely by-products of people’s daily engagement in communication and creativity. The authors should not be regarded merely as Homo Oeconomicus whose production activities are perceived as responses to external incentives; instead, their commitment to the production of expressive works is driven primarily by their needs of communication and furthermore analysis on their creative behaviours should focus on their propensity to originate, adopt and retain rules and knowledge.

Publications:

Book Chapters

Sampsung Xiaoxiang Shi, 'Chinese Copyright Law, Peer Production and the Participatory Media Age: An Old Regime in a New World' at B. Fitzgerald et al ed. 'Copyright Law, Digital Content and the Internet in the Asia-Pacific' (Sydney, Sydney University Press, 2008)

Brian Fitzgerald and Sampsung Xiaoxiang Shi, 'Civil Jurisdiction, Intellectual Property and the Internet' at B. Fitzgerald et al ed. 'Copyright Law, Digital Content and the Internet in the Asia-Pacific' (Sydney, Sydney University Press, 2008)

Sampsung Xiaoxiang Shi and Brian Fitzgerald, 'A Relational Theory of Authorship' in Mark Perry and Brian Fitzgerald (eds.) 'Knowledge Policy for the 21st Century' (Irwin Law, 2008)

Book (edit)

Brian Fitzgerald, Fuping Gao, Damien O'Brien and Sampsung Xiaoxiang Shi (ed.), Copyright law, digital content and the Internet in the Asia-Pacific (Sydney University Press, 2008)

Supervisors:

Professor Brian Fitzgerald

Professor Anne Fitzgerald

Why I chose to study at the Faculty of Law:

My research interests which cover intellectual property law and its impacts on creativity and innovation fall into one of QUT’s strongest research areas.

Biography:

Sampsung is a CCI Research Assistant and a PhD candidate at the QUT Faculty of Law. His PhD research focuses on copyright law and innovation in the networked information economy in Australia and China. His research interests cover the law of copyright, media, entertainment, and especially the social and legal implications of the internet and ICT. Sampsung was accepted into the annual Summer Doctoral Programme (SDP) run by the Oxford Internet Institute in partnership with The Berkman Centre for Internet and Society at Harvard Law School in 2007. He received degrees of Bachelor in Law (2001) and Master in Civil and Commercial Law (2006) from the East China University of Political Science and Law (ECUPL).