The earliest and by far the strongest foreign player in the market is Bertelsmann, which entered by special dispensation more than a decade ago. Beginning with a book club in Shanghai, which today has in excess of two million members, in 2004 Bertelsmann acquired a 40% stake in a joint venture with 21st Century Book Chain, a national private book retailer, and in 2005, in the first big Sino-foreign wholesale book deal, took a 49% stake, worth RMB30 million (£2.07 million – $3.74 million), in Liaoning Bertelsmann Book Distribution, a joint venture with Liaoning Publishing Group. It is also owns Bol.com, the internet book retailer. However, despite the apparent opening up, apart from Bertelsmann, only a small number of foreign companies have managed to enter the market. According to Lu Binje, Vice Administrator of the State Press and Publication Administration (GAPP), by September 2006 the government had ratified 38 overseas-invested publication distribution enterprises to operate in China, with 14 of them entitled to wholesale rights.1 There are complaints that the application process is fraught and that it is taking up to 12 months to clear. ‘The government is very reluctant to open up this sector,’ said Jo Lusby, General Manager of Penguin Books in China, ‘It's been a slow turnaround to get applications approved. It sounds so easy on paper – but as with everything in China it’s not as simple as it appears. This is an area of great sensitivity to the government.’ Noted too is the fact that the minimum requirements on floor space and registered capital favour larger companies ‘A bigger company is typically more willing to toe the government line,’ Lusby pointed out. ‘The government doesn’t want to encourage the independents.’2 In addition, some companies may judge it premature to risk a major investment. In its 2006 report to Congress on China’s WTO compliance, the US trade representative reported a ‘reduced momentum for economic reform’ in China, speculating that ‘that some Chinese government agencies and officials have not yet fully embraced the key WTO principles’, resulting in ‘a lack of consensus within China’s government and competing Chinese government priorities’.3 This produces an unpredictable environment for foreign investment. China Publishing, 2006, ‘Publication distribution, printing areas open to foreign investors’, October, 2006, pg 1 2 Quoted in Makina, Between Heaven and Earth, 7 January 2006. Retrieved from www.ahdu88.blogspot.com2006/01/lonely-planet-banned-in-china.html 3 US Government, ‘2006 Report to Congress on China’s WTO compliance’, 11 December 2006. Retrieved from www.ustr.gov/assets/Document_Library/ Reports_Publications/2006/asset_upload_file688_10223.pdf 1 This point was somewhat dramatically made, when, in November 2006, US entertainment company Warner Bros announced it planned to pull out of its investment in Chinese movie theatres ‘due to significant regulatory changes to foreign investment in Chinese cinema.’ While Warner Bros did not cite the specifics, it was reported in the media to be a result of China’s scaling back of its 2003 provision allowing 75% foreign stake in cinema, back down to a minority stake. Such regulatory vacillation would not inspire confidence amongst international investors. However, as with all investments, risk must be weighed against potential benefits and given China’s vast potential, particularly in its under-exploited book market, it is inevitable that the major international players will continue to seek entry points. 3.5 Internet, e-books and net literature 3.5.1 Introduction The internet has the potential to transform the Chinese market for books, reducing restrictions and conventions on content, focusing marketing effort and transforming delivery routes. In recent years internet bookstores have become one of the hottest services of e-commerce in China. This is set to continue, along with additional radical shifts as e-books and print-on-demand enter the market, bolstered by China’s rapid technological advances, enthusiastic young early adopters and by a government for whom such development is a national priority. The key driver behind the rise of the publishing and retail sector and the confident race to e-book technology is the dramatic growth in the total number of internet users in China. According to estimates, produced by the China Internet Network Information Centre (CNNIC), around 123 million Chinese use the internet. When mobile phones users are included in the survey (providing a younger sample), the figure is closer to 140 million. Access is via a network of 54.5 million computers and an impressive 77% of users accessing the internet via a broadband connection. In addition, the Chinese user profile is an advertiser’s dream, mainly young, under thirty years of age and spending a whopping 15.9 hours per week online. In comparison, Yahoo, the most popular internet site in the US, holds on to its average user for just one hour per week.4 And this is just the tip of the iceberg. While China, with its 140 million users has now surpassed the US in terms of the number of people on the internet, this still represents just 10% of the overall population (14% in the east, 26% in Shanghai, 28.7% in Beijing), leaving a massive untapped market.5 Pace, N, 2006, ‘China Surpasses US in Internet Use’, Forbes, 4 March 2006 China Internet Network, 2006, ‘Statistical Survey Report on the Internet Development in China’. July, 2006 4 5 3.5.2 Online stores It is likely too, that this growth will continue to favour the market for books. In a report by the AC Nielsen Consulting Group in November 2005, 63% of internet users in China said they had shopped online and 56% of that group said they had bought reading material that way.6 In addition, a national survey on people’s reading habits, conducted by Beijing Founder Electronics, an ebook developer, showed that 27.8% of Chinese citizens were accustomed to reading books and articles on the internet in 2005, up from 18.3% in 2003 and 3.7% in 1999.7 Figure 26: Leading online bookstores in China 2006 Store Date est Ownership Dangdang 1999 Private Chinese ownership. Founders: Peggy Yu and Li Guoqing Joyo Bookuu Bol 2000 Acquired by Sales 2005 RMB 450 million 460 Amazon in 2004 for million $75 million Owned by Zhejiang Province Xinhua Bookstore Group 1999 Bertelsmann AG Growth rate % Details 100-150 New market leader aiming for a 10%+ share of total retail book market in 2007. Expanded into sales of other goods. Rebuffed offer by Amazon of RMB$1 billion for 80% of shares. 50 Original trailblazer; has lost market share following takeover by Amazon for $75 million in 2004, slipping to 2nd place. Run in conjunction with associated Xinhua chain and superstores. Building massive distribution depot in 2007. Repositioned in 2003 to concentrate on acting as a sales channel for its bookclub, dropping its AV and gift product lines. The three leading online bookstores in China are www.dangdang.com, www.bookuu.com and www.joyo.com. The fourth, www.bol.com, operates a rather different agenda. Wang Zhenghua, 2006. ‘Internet making an impact on book buying’, China Daily, 4 November 2006 7 Yan Zhonghua, 2006. ‘More Chinese prefer electronic reading’, Xinhua News Agency, 20 May 2006. Retrieved from http://news.xinhuanet.com/English/200605/20/content_4575951.htm 6 3.5.2.1 Dangdang.com.cn With estimated sales in 2005 of RMB450 million (£31 million – $56 million), and a track record on 100% annual growth, Dandang is estimated in 2006 to have passed its closest market rival Joyo to take first place.8 Dangdang was founded in 1999 by Peggy Yu, Chinese with an American MBA and a background in mergers and acquisitions, who, along were her husband, Li Guoqing, a former book publisher, raised $6 million in seed funding from investors to start up Dangdang. By February 2004, Yu was rebuffing an offer of $1 billion from Amazon for a 70-90% share of the company, saying she wanted an investor not a buyer. Dangdang raised a further $11 million,9 followed in July 2006 by a further $27 million, led by a US VC group reportedly for a 12% share and a place on the board. It is anticipated Dangdang will go for an IPO in 2007. By late 2005, Dangdang had 15.6 million registered users and had expanded its product line to include non-book items, estimated now to account for about 40% of its total sales revenues.10 There are a number of factors that contributed to Dangdang’s success, the most obvious being the underlying growth in the economy and Dandang’s ability, as an online store, to compete on price with its store-based rivals. Much of it had to do, however, with its rapid adaptation of the American online model to local Chinese conditions. This included creating their own Chinese Books in Print (CNBIP) in the absence of any systematic record of Chinese books in print; sorting out cash-on-delivery and postal order payment options to accommodate the low rate of credit card use in China; and dealing with China’s fragmented delivery system to ensure that Dangdang could reach well beyond the big cities, Beijing, Shanghai and Guangzhou, where its three warehouses are now located. They achieved this by striking deals with almost 50 delivery companies as well as couriers that operate in about 100 cities across China. OpenBook Consulting, 2006, in ‘The Changing Chinese Publishing Industry’, Publishing Today, Beijing, 4 October 2006 9 Shu Ching, Jean Chen, 2006, ‘China web bookstore pushes IPO’, The Deal.cn Retreived from www.fuelcellcarners.com/Companies/ChinaAsiaStocks/Articles/China_Web.asp 10 Jones, Greg, 2006, ‘Dang Dang Closes $27million Round led by DCM’, press release, DCM, 6 July, 2006 8 In addition to the localisation of the online model, Dangdang’s creative marketing also contributed to its success, for example: To keep visitors active and loyal, in March 2000 a ‘Lucky Time Activity’ was introduced and ran for two weeks. Each day a lucky hour was randomly chosen and books ordered during that hour were given free to the buyer In the same year Dangdang ran a writing competition in which users of the website jointly worked on a book, An E-Love Story, with visitors contributing stories about leading character, Mei. At the end of each day, three professional editors would select the three best short stories and add them to the novel In 2003, with numbers of visitors increasing, Dangdang introduced a new membership scheme to reward repeat customers, with Ordinary, Gold and Platinum cards on the basis of points earned11 With a catalogue of more than 300,000 products, offering door-to-door service in more than 100 cities in China, orders in excess of two million shipments a month, a 100% growth rate every year for the last six years (compared to 50% by Joyo), generous funding and an IPO on the horizon, Dangdang looks set to be the market leader for sometime to come. 3.5.2.2 Joyo.com Rival Joyo, once market leader, saw its momentum slacken following its purchase by US online leader Amazon. Founded in 2000, Joyo, which is headquartered in the British Virgin Island, was the largest online bookstore in China when it was acquired by Amazon in 2004, following Amazon’s failed negotiations with Dangdang, for about $72 million in cash and $3 million in stock options. With sales revenues in 2005 of RMB460 million (£31.7 million – $57.4 million), an increase of 50% on the previous year in regard to the number of books sold, it was surpassed by Dangdang in 2006. Like Dangdang, Joyo has expanded beyond book sales to a wide product offering. 11 www.icmr.org/casestudies/catalog/ 3.5.2.3 Bookuu.com Bookuu provides a Chinese alternative to the venture capital model. Bookuu is owned and operated by the state-owned Zhejiang Province Xinhua Bookstore Group. Merging online and off-line resources, bookuu.com links up almost 269 sales sites of 78 small-scale, independent and scattered Xinhua branches within the province as well as an additional eleven chain stores in cities in other provinces including Shanghai, Shenzhen, Shenyang, Xuzhou, Wuxi, Changshu, Jiangyin, Fuzhou, and Quanzhou. This gives the site multiple portals and means that Bookuu’s procurement, delivery and sales, as well as that of the physical chain stores ‘are conducted uniformly by head office.’ In 2008, according to General Manager Zhou Liwei, Zhejiang Xinhua will open a new 140,000 square metres delivery centre, with ‘one million book items available, over 500,000 of which will be in stock and delivery will take less than 24 hours, providing online shopping services, door-to-door delivery services to all industry publishing houses, bookstores, online bookstores, libraries, enterprises and civil groups and readers.’12 Bookuu points the way for new technologies to tackle the issue of China’s fragmented and uneven publishing sector. 3.5.2.4 Bol.com.cn Bol, the other notable online player, is owned and operated by German media giant Bertelsmann AG. Started with great ambitions to be a multi-product site, following massive worldwide losses of its online activities, Bertelsmann divested itself in most countries and in China, in 2003, repositioned Bol.com as the online wing of the Bertelsmann book club. 3.5.3 Book search and e-books Sensitive to its weakness in the international cultural markets, China has set its sights on leapfrogging, via technology, to an international stage, and views the e-book as a particularly good bet. This year’s International Publishers’ Forum, held just prior to the Beijing Book Fair, took new technologies as its theme. Senior government officials, kicking off the seminar, left the assembled audience of hundreds of publishers in no doubt that online reading and mobile e-books were the Holy Grail. Zhou Liwei, 2006, ‘The Application of New Technology in China’s Book Circulation Industry: Concepts and practices of Xinhua Bookstor, Zhejiang Branch’, talk given at the 2006 Beijing International Publishing Forum, 26 August 2006 120 Li Bing, Vice Minister of the Information Office of the State Council told the Forum they should all work towards publishing e-books. By this, he made clear, he meant not only hand-held reading devices, but all digitised book content. In contrast to the cautious, frequently hostile reception Google Book Search received from the publishing communities in the US and Europe, where they were sued and accused of copyright theft, in China, Li Bing told the Forum, they should be embraced. ‘For publishers’, he said, ‘it is extremely important to cooperate with the search engines. What search engines will bring about are not just ways of increasing popularity, but, more important, the circulation channels for their global market expansion…this is a wise choice.’ Changing reading habits and new technologies, he told delegates, had made content king. Quoting a May 2006 survey on Reading in the Internet Era, he said that book reading data on the Chinese websites reading channels had grown by 22%, meaning more and more readers are choosing to read online. At the same time, it showed that ‘ eaders are accepting the online purchase of paper books, borrowing fidelity e-books and downloading free books online. Now the internet has become the source of obtaining books for 60% of readers’, he told publishers, ‘the form of books is no longer important. Readers prefer to read and duplicate books because the content in the books is valuable. Readers are actually buying the content of the books’. Pointing to the future, he reminded publishers that search engines ‘only offer technical services’. To gain a competitive edge, he noted, these search engines needed quality content and these publishers were best placed to supply. Content, he told them, would become ‘ the inevitable target of fierce competition. ’Far from bemoaning the challenges from new technologies’, he said, ‘It is the new technologies that have opened up a space for the innovative development in the publishing industry’. Li Bing is correct that this is where the future of Chinese publishing lies, but as will be seen below, with the rise of user-generated net literature, neither the government nor the ‘official’ publishers might have the stranglehold on the provision of content this talk seemed to imply. Wherever the content eventually comes from, Li Bing quoted a survey released during Shanghai Book Fair in 2005, which estimated that by 2008 over 50% of the Chinese online bookstores will sell e-books; by 2010, more than 90% of the publishing houses will put out e-books and by 2015, China’s sales volume of e-books will reach RMB10 billion (£68.9 million – 1.25 billion), contributing 50% of the profit from book sales. 3.5.3.1 Book search It is very likely that book search and e-books will launch well in China. First, these sites play to a very different audience than in Europe or the US. As noted above, 70% of China’s internet users are under 30 years, use the internet primarily for entertainment and are used to remaining online for long periods. Second, book search will be growing out of an enormous general search market. In 2007, according to investment bank Piper Jaffray, China's 140 million plus internet users are expected to conduct 816 million searches daily, while annual revenues from advertising on search sites is forecast to reach $1 billion by 2010.13 The two major players in the book search market in China are the international search giant Google and the home-grown Baidu.com. On the B2B front, Xinhua has introduced an interesting Chinese and English Chapter 1 model. Google According to China Daily, by July 2006 Google had signed agreements with four publishing houses in China, including Tsinghua University and the Children’s Publishing House. In line with its international model, Google will make their books available online, provide search links and grant free access to a segment of each book, but readers will have to pay for full content. It is also reported that in the future Google will permit publishing houses to sell books through the search service charging 30% commission on the profit and will take part in production of online publications, adding pictures and links. Despite stiff competition from market leader Baidu, Google appears determined to succeed in the market, and, according to the New York Times, ‘plans to spend hundreds of ms of dollars to compete in China’.14 Baidu Baidu, founded in 2001, the fourth most trafficked site in the world, the most popular search engine in China, locally-owned, governmentsupported and with a market value of US$3 billion, is set to give Google and Yahoo a run for their money in the Chinese book search business. Already it has concluded agreements with Peking University Library and the Library of the Chinese Academy of Sciences, giving it access to 15 million books, potentially the world’s largest online collection of Chinese books. 13 Bodeen, C, 2007, Yahoo China Portal to be Reorganised, January, 2007. Retrieved from www.physorg.com 14 Barboza, D, 2006, New York Times, 17 September 2006 Yahoo Having attempted, since 1999, to operate in the Chinese market on their own, in August 2005, Yahoo announced the merger of its operations in China with Chinese internet giant Alibaba.com. Under the deal Yahoo acquired 40% of Alibaba's shares but only 35%of the voting rights in the company. Of the four seats on the board of the new Alibaba Company, two are from Alibaba, one from Yahoo and one from SoftBank, a major investor in Alibaba. Alibaba gained exclusive rights to use the Yahoo brand and its operations merged with Yahoo China's. Yahoo China's assets included Yahoo's search technology, the Yahoo China website, its communication and advertising business, as well as 3721.com, a Chinese language search engine. Ma Yun, CEO of Alibaba, remained as head on the newly-merged company. He said Yahoo China would seek to capitalise on its appeal with high-income users and entrepreneurs. ‘We don't want those not interested in business or making money. They can go to Baidu’, he said. ‘Our main focus is the high-end’. Xinhua Chapter One ChinaTM First previewed at the Beijing Book Fair in January 2006, Chapter One is designed, according to Xianping Wang, president and CEO of Xinhua China Ltd., to ‘enable book retailers to manage their inventories and better serve their customers while allowing publishers to gain additional exposure’. The database, with an initial trial of 7,000 titles, in both Chinese and English, allows book buyers from the state-owned Xinhua bookstores, independent bookstores and online bookstores to select the first chapter of books in the database by title, author, publisher, and ISBN codes for preview prior to purchase. The American excerpts have been provided by American Dial-A-Book, Inc Chapter One program. It also plans to form partnerships with e-commerce portals in China to license the database to them to support their online book sales and also to supply fulfilment requirements.15 15 PR Newswire, 2006. Retrieved from www.prnewswire.com/cgibin/stories.pl?ACCT=109&STORY+/www/story/01-11.2006 3.5.3.2 E-book producers In addition to the two search giants, there are three major e-book producers on the Chinese market at the moment, making up 90% of the e-book market. The leading companies are SuperStar, Founder and Scholar. SuperStar A private enterprise, SuperStar is the largest commercial e-book collection in the world. Founded in 1993, it has an online collection of more than 800,000 books published in China since 1949, as well as a host of rare documents from the Ming and Ching epochs. It made its initial leap into ebooks in 1999 via a partnership with the National Library of China (NLC) to digitise 150,000 books to put on the NLC website. Today its collection covers a broad subject range, including chemical engineering, Chinese history, economics, law, mathematics, medicine, philosophy, politics and world history. Users purchase reader cards to download books to read on PCs using SuperStar's own reading software. Founder/Apabi Originating as a high tech company under the auspices of Peking University, Founder is a newer, multi-faceted IT group, with a number of successful subsidiaries. One of their major IT products is their desktop publishing software, used by over two-thirds of publishing houses in China, giving Founder the advantage of obtaining electronic copies with no additional work. In 2005 Founder’s online database, Apabi (Aim for Paperless Application By Internet) contained approximately 230,000 Chinese e-books,16 with plans to expand it by 30–50,000 titles a year. The company is working with over 400 publishers (80% of China’s official total) and over 100 libraries in China producing electronic editions of new titles as well as digitising classics. Guangxi Normal University Press and the Juvenile and Children's Publishing House, for instance, in 2005, offered electronic versions of their publishing output online via the Founder Apabi system. In 2005, Edinburgh University purchased the Apabi D-Lib database, ‘becoming the first academic library in Europe after the National Library of Germany in Berlin to add a substantial online resource to its printed Chinese collection’. 17 Founder is also involved in hardware development for hand held e-book readers. 16 Founder Company, 2006. Retrieved from www.founder.com/newsshtml/yytw/200611-6101918.htm 17 Edinburgh University website, www.uc.ed.ac.uk/bits/2005/november2005/item10.html Scholar Digital Technology Co Ltd Founded in 1995, Scholar focuses on the higher education sector as its primary market and tailors its products to the needs of academic libraries. There are in excess of 200,000 titles now on offer and Scholar plans to increase its online stock by 60,000 titles each year. Scholar offers an online circulation and collection development system that records the recommendations of librarians and academics, as well as the borrowing frequency by students and number of pages browsed for each title. The system can then generate recommended reading lists and titles on the lists can be downloaded into the library's server to enable quick access with minimal data storage requirement. On the other hand the titles that don't get used will be deselected after a specified time period and removed from the library server to make way for newer and more used titles. 3.5.3.3 E-book readers China is also setting its sights on leading in the portable e-book reader market. Chinese e-book readers include the Jinke-book V2 and V*, the Argosy EB600 EB683, the Founder E10 and E312, the Matsushita Sigma EBook, Easy Read Personal Digital reader and the E-View E-Book. 3.5.4 Literature sites (wangluo wenxue) While China’s online bookstores, book search and e-book developments are looking like promising players in China’s plan to leapfrog their publishing industry to technologically driven modernity, by far the most exciting development for the future of new Chinese literature is the rise, particularly in the last five years, of the enormously popular and increasingly promoted internet literature – wangluo wenxue. This development is set to change not only the publishing landscape in China, but to remodel our literary world too. Net writing is simply huge in China. It has excited the interest of book and magazine publishers, who harvest from the sites, of bookstores which have discovered a new marketing segment in net lit, of web portals, which host writing sites to draw in the numbers, of games manufactures as sources of content, of mobile phone companies as text content and, in vast numbers, of readers and writers. It has by-passed traditional publishers, ‘created’ new stars such as Annie Baby (An Nin Baobei) and been embraced by wellestablished writers Wang Shou. Yu Hua, Wang Anyi, Ah Chen. In 2002, despite the innate conservatism of the literary establishment and the stinging criticisms many of the older generation of writers have hurled at net literature (dubbed 'cesuo wenxue' ‘toilet literature’ by Li Ao and condemned too by Mo Yan), 45-year-old Ning Ken’s debut novel The Veiled City, posted online, won him one of the most prestigious awards in the ‘official’ literary world in China, the Lao She Literary Award. Created and discovered online, net literature is escaping its base. Already in 2000, one observer in a Beijing bookstore identified over 24 internet sites available, many in the form of series – The Internet Book Series, The Internet Literature Series, Selection of the Best Internet Literature, Under the Banyan Tree: original Internet Works series and Stars of the Internet.18 Now whole sections of bookstores are devoted to internet literature. In 2001 instalments of work by an unknown writer, Jin Hezai (a pen name meaning Where is he now?), called Monkey’s Biography (Wukong zhan) posted on Sina.com began to attract vast numbers of hits. Based loosely on the Classic Chinese novel Journey to the West (XI you ji) and its most popular character, Monkey, it focused on newly invented love affairs of Monkey, Pigsey and two female demons. Before its completion the novel was famous. On completion it won the Second National Internet Literature Contest, was picked up for (very successful) print publication by Guangdong Daily Publishing House and acquired for film and TV by the China Film Conglomerate as the basis of a full-length RMB10 million film and a 52-part TV series. With results like this for all sides of the equation, it was not long before readers, writers and media businesses recognised the potential of literature sites. 18 Kong, pg 211 It is difficult to determine just how many literature sites exist in China today; they exist at national and provincial level, by genre, by age, by portal, but a quick search for net literature on Sina.com turns up 526 pure ‘net novel’ sites, in addition to 2,849 literature sites and 15,425 fiction sites and they are growing exponentially. The level of interest and activity is high and a few extremely powerful players are emerging, including Sina.com.cn, Netease (the search engine that launched the First Internet Literature Award), 163.com.cn, 21red.com, Rongshu.com and Qidian.com. Net literature in China is beginning to mean big business. A look at the latter two forms is instructive. 3.5.4.1 Rongshu.com Rongshu.com, formed in Shanghai in 1999 by Chinese American Wil Zhu and joined early on by writer Chen Cun, is one of the leading creative writing sites in China. Originally known as Rongshuxia (‘Under the Banyan Tree’), shortened now to Rongshu (Banyan Tree) the site now claims to have more than two million registered users, a daily page view in excess of five million, and more than 500,000 unique IP addresses. Over 1.9 million original literary works have been posted on the website. From the start Rongshu focused on content – happy to use the internet to generate and distribute it, but happy also to exploit other avenues that could give the user-generated content legs and ensure a continuous flow. As they describe it themselves, ‘ Rongshu.com has removed the barriers that existed between ‘.com’ companies and mass media,’ and they could have added between literature and both. Rongshu’s plan was to take a multimedia approach to content and promotion. In its first year it provided a column in Shanghai’s Literature Newspaper, broadcast via its site and produced its own radio programmes Passion and Literature and Evenings under the Banyan Tree for two Shanghai radio stations. It also ran readers’ and writers’ seminars. Generating early publicity and highlighting the live instalment quality of net writing, Rongshu ran the diary of cancer sufferer. Lu Youqing, in the last few months of his life. This was followed up with an equally compelling diary, The Last Battle, written by an AIDS patient. As well as raising Aids awareness in a country where Aids is not frequently referred to, the move boosted the site’s alternative socially responsible character, directly appealing to its target audience. The strategy worked. Two years after its founding, Rongshu’s revenue hit $3.5–5 million, and the following year, in 2002, it entered a strategic alliance with Bertelsmann, who at the same time had entered a joint venture with 21st Century Publishing, a legitimate publisher and now an outlet for Rongshu. By 2004 Rongshu was using its 200 million literature works and 847 ‘contracted Rongshu writers’ to cooperate with 685 contracted imprint media, provide content to 30 publishing houses, which produced over 100 books and supplying content to 40 radio stations. The following year, 2005, Rongshu formed Rongshuxia Information and Culture Consulting Company to specialise in trading in books and copyright related to the internet. In the same year, in a blaze of publicity Rongshu signed bestselling author Han Han, saying he had been badly marketed by official state publisher, China Youth Press, in the past. Newspapers swirled with stories of a 20% royalty fee, compared to the average of less than 10%, and a signing fee of RMB2 million (£138 million – US$249 million), a vast sum in China. Since the company has no authorisation to publish books, it works through Jiangxibased 21st Century Publishing House for its print publishing, using their ISBNs to enter the market.19 Apart from its talent for self-advertising, its acute marketing and brand building (managing to hold on to its alternative image despite its association with Bertelsmann), the real key to its success is Rongshu’s ability to find content that works. This has been achieved by drawing in large numbers of voting readers to the site and having a strict editing regime that quickly spots talent. At its peak Rongshu.com can receive 7,000 new writing submissions a day. To deal with this the site has 500 literature-loving volunteers who trawl this mountain, selecting the top 5%, or around 350-400 pieces. These are then referred up to eight paid editors who chose a similar percentage to post up on the site. Promising writers are signed to exclusive deals, with Rongshu having the right to online and print publish and to sell the overseas and translation rights. As works with potential are quickly identified by number of page views, only work with guaranteed public interest gets published, removing many of the risk factors associated with traditional publishing. Boosting content still further, in its very first year Rongshu introduced The First Internet Literature Award, which has since become an annual event. Its juries include big name writers such as Wang Anyi, Yu Hua, Ah Cheng and Wang Shuo, and star internet writers such as Annie Baby (Anni Baobei). The prize-winning works are collected in three volume anthologies, the Internet Literature Award Winners Series and published alongside the regular anthologies of selected works. Jin Bo, 2005, ‘New release attracts big-money buzz’, China Daily, 14 December, 2005 19 Rongshu’s revenue is generated via book publishing (40%), agenting fees, workings with other media such as radio and TV and its hardcopy literature magazine Banyan Tree Digest (Rongshu wenshai). Run by writers, associated with such literary stars as Han Han and Annie Baby, multimedia in character, alternative in reputation, conducive to new writing styles and expressive content, directly linking author and reader and based on the realisation that the values lies in the content, not the form, and can be carved up, re-worked and used in multiply environments, mediums, and markets and endlessly adaptable via new technologies, Rongshu provides an enormously exciting model, not only for the Chinese publishing industry, but for publishing worldwide. Big business agrees – as seen in China’s other leading literature site Qidian Zhongguo. 3.5.4.2 Qidian Zhongguo Qidian (www.cmfu.com) claims to have more than 60,000 registered writers active on its site, of whom it has signed contracts with 2,000. In 2006 online sales and copyright transfer deals generated an income of RMB20 million (£1.3 million). What is really interesting about Qidian however is that it was bought in 2004 by Shanghai-based leading interactive media and online gaming company Shanda Interactive Entertainment Ltd (NasdaqSNDA). Shanda offers a portfolio of diversified entertainment content, including some of the most popular online multi-player games in China, forecast for massive growth, along with chess and board games, network PC games, a variety of cartoons, music and now, with Qidian, literature. This move places literature firmly within the multimedia content generating circle. Shanda is large and hungry for outlets and content. In 2005 it claimed to have 460 million registered accounts, 18.5 million active paying accounts and an average of 1.2 million players online at any given time and more then 2.5 million total peak concurrent users. In 2005 it bought 20% of Sina.com, targeting digital media markets. Qidian’s constant supply of new literature provides it with a happy hunting ground for content and copyright value. While it is only one envisaged outlet, one of Shanda’s bestselling games titles is based on the Chinese classic Three Kingdoms. With Qidian, it can grow its own. To help this along, Shanda via Qidian (which translates literally as ‘starting point’) is planning to team up with the Shanghai Academy of Social Sciences and the Union of Shanghai Writers to create a training programme for the most promising writers emerging online. The programme will begin in April 2007 offering 40 days of training, running over two years and divided into two parts. The first is basic writing theory and the second, the larger part, focuses on subjects such as history, sociology and culture. Enrolment will initially be limited to 40 writers and cost about RMB21,000 per student. Shanda will be providing full tuition scholarships. Shanda is reportedly planning to invest RMB100 million in Qidian to make it the world’s largest Chinese language internet platform for original literature, growing the training side ‘to encourage literary creation, the building blocks for the prosperity of China’s original literature’, and with a clear focus on Qidian getting involved in publishing, television adaptation, animated cartoon adaptation, surrounding media and joint development of derivative products. In addition, Qidian is tasked to actively develop the overseas market and create the world’s largest Chinese language literature and reading platform. Recently, the media has been buzzing with a rumour that that Shanda, keen to have CNFU cooperate with an international brand is talking to Google, with valuations for Qidian of $400–$500 million being discussed in the investment pages. With powerful investment drivers behind what are already vastly popular literature sites, operating in the context of a raging Chinese economy, with a large, young, literate, media-savvy and dedicated online user base, a government bent on supporting and encouraging the creative industries and particularly their relationship with new technologies, it is not unreasonable to assume that China will be a key architect in the future model for literature creation and dissemination, in the future understanding of literary copyrights and how they are managed, valued and used and in the role and form the ‘publishing industry’ will take in this entertainment, brand and multimediadominated creative digital future. 3.6 Publishing sector trends and characteristics There are three major characteristics that help shape the context for the publishing industry in China. The first is the government’s focus on building up China’s creative industries, which provides the broader policy context for the sector. Second is the problem of rampant piracy and the issue of the protection of intellectual property rights. Third is the role of censorship in determining content. 3.6.1 Creative industries It is impossible to understand the changes occurring within the publishing industry in China without viewing it within the broader context of China’s concerted efforts to develop its creative industries. ‘First there was the new economy, then there was the knowledge economy, and now we have the creative economy’, noted China Daily, the government’s newspaper in a September 2006 article entitled Pressing Need for Creative Economy.20 Along with other developed countries, particularly the US, the UK and, closer to home, Korea, China has grasped the importance of the creative industries in the future economy and has set its sights on becoming a major international player. China is looking to make the shift in fact and in reputation ‘from made in China to created in China’. It is not a marginal discussion. In terms of direct, tangible economic value, the global market value of the creative industries has increased from $831 billion in 2000 to $1.3 trillion in 2005. The creative industries are now estimated to account for more than 7% of global GDP and are forecast to grow on average by 10% a year.21 And as Richard Florida has suggested in his work on creative cities, the value return on the creative industries goes far beyond this. Creativity attracts not only more creativity, further enhancing the creative economy and stimulating innovation, but it also attracts other wealth creating industries as people wish to live and work in creative cities and countries. Creativity is a talent magnet. In a global economy where human capital is paramount, this is critical.22 Huang Qing, 2006, ‘Pressing Need for Creative Economy’, China Daily, 12 December 2006. Retrieved from http://english.cri.cn/3126/2006/12/12/269@173384.htm 21 PriceWaterhouseCoopers, 2003, World Bank, 2003. 22 Florida, Richard, 2004, Cities and the Creative Class, Routledge new edition 2004 20 According to figures released by China’s National Bureau of Statistics in May 2006, the first ever estimate for the sector put the total added value in 2004 of China’s cultural industries (as it is referred to in China) at RMB344 billion (£24 billion – $43 billion), accounting for 2.15% of China's gross domestic product and employing an estimated 10m people.23 While this is a remarkable shift from the pre-reform period, when cultural undertakings were not considered economic undertakings, it is still far behind the international average for developed countries. In addition, while China now has the fourth largest economy in the world and a population of 1.3 billion people, its global cultural impact, in terms of trade and influence, is far behind. According to reports by the Ministry of Culture, currently the cultural industries of Japan and South Korea account for 13% of the international culture market while China and all the other countries in Asia make up only 6%.24 This is not a situation China is prepared to ignore and building up the creative industries and competing on an international level in the creative economy has become a top priority. Zhao Qizheng, a member of the Chinese People’s Political Consultative Conference, former minister of the State Information Office, and currently dean of Renmin University of China’s Journalism School, speaking in March 2006, called on fellow members of the country’s top advisory body to pay attention to this ‘deficit’ in international cultural exchanges. ‘We should fully understand the significance of culture as a foundation and pillar for a nation’s fate,’ he said. ‘Rejuvenation of a nation should start from a renaissance of its culture. Culture’, he said, is ‘an important part of a country’s overall strength’.25 In China’s dash to the front, the roles and ambitions of science, technology, arts and business are inextricably linked. China wants to use technology to leapfrog up the evolutionary ladder; to do this it needs creative inventive minds, grown in a creative culture and trading in a world where China’s reputation for creativity precedes it. On the international stage, China’s National Program on Cultural Development, states, ‘China not only needs strength in economy, science, technology and defence, but also cultural strength to be ahead of international competition.’ China’s approach to building up its creative industries is comprehensive and cross-domain. Lu Hui, 2006 ‘Cultural Industry Potential’, China Daily, 25 May 2006. Retrieved from www.chinaview.cn 24 Bezlova, A, 2006 ‘China’s New Cultural Revolution’, Asia Times, 29 July 2006. Retrieved from http://www.atimes.com/atimes/China/HG29Ad01.html 25 Xu Binglan, 2006 ‘Cultural deficit cause for concern’, China Dailly, 10 March 2006. Retrieved from www.chinaview.cn 23 In its recent 11th Five-Year Plan (2006-2010) the Chinese government laid out its programme: In the Science and Technology Development Plan for the 11th Five-Year Period (2006-2010) the Ministry of Science announced efforts ‘to raise the proprietary innovation capacity’, strengthen ‘the technical innovation part of industry, with a focus on acquiring proprietary intellectual property’, thus ‘laying a foundation for making China part of innovation economies in the world’.26 In the cultural arena, the government’s National Programme on Cultural Development, part of the 11th Five-Year Plan, and jointly issued in September 2006 by the General Office of the Communist Party of China Central Committee and the General Office of the State Council, the government committed to increasing investment in cultural projects, reforming the way they operate, expanding the quantity and quality of cultural products and services to meet the rising demand and increasing the global competitiveness of Chinese cultural merchandise. To help achieve this ambition, localities and departments were instructed to carry out a program designed to boost the creative environment, including: Introducing calligraphy, painting and traditional handicraft onto the curriculum in China’s elementary schools to help bring culture to youth Making museums and art galleries free of charge or discounted to young people Expanding museum storage space by 300,000 square metres Ensuring state-owned art performance troupes and theatres hold performances at low rates for low-income residents Encouraging urban organisations and residents to donate televisions, radios, computers, books, audio and video products to farmers Setting up online libraries, online theatres and online systems to provide distance learning of cultural activities Enhancing intellectual property rights’ protection and efforts to curb piracy. 26 The Ministry of Science and Technology, 2006, China Science and Technology Newsletter, N0.456, 10 November 2006. Retrieved from http://www.most.gov.cn/eng/newsletters/2006/200611/t20061110_37960.htm The Five-Year Plan also called for cultural exchanges with the rest of the world to be boosted to improve understanding of China overseas, including: Mutual visits and exchanges between sister cities and holding of cultural activities abroad Promotion of Chinese cultural products and services through famous overseas film festivals, television festivals, art festivals, book fairs and expositions Adjusting the style of radio and television programmes to meet the demands and tastes of overseas listeners and audience. In addition the government has focused efforts to boost the creative environment and stimulate talent including: Educational reform: Conceptual and systematic moves away from rote learning and exam dominance and towards a system designed to encourage inquiry, creativity and initiative. This is described in detail in section 1.4 Creative clustering: Development of creative clusters in cites to enhance economies of scale and ideas exchange (eg the new media avenue in Beijing’s Xuanwu District, designed to become a comprehensive community of industries involved in journalism, publishing, film, television, Internet, as well as conventions and exhibitions). By February 2006 Shanghai had 18 creative industry clusters (with another 16 under construction) housing over 800 creative and design companies from 30 countries and regions Annual forums and fairs: Supporting forums such as the National Book Fair, the Beijing International Book Fair and the China Beijing International Cultural and Creative Industry Expo (ICCIE) Organisational reform: Continuing organisational reform of creative industries to move them from cultural institutions to commercial enterprises, including, as we have seen, conglomerate formation and a call for ‘national champions’ that are responsive to international competition. And with a view to directly help build international profile, policies including: Chinese Language Expansion: In a massive drive to popularise the Chinese language the government plans to set up 100 Confucius Institutes around the world. Unlike its European models (the Goethe Institute or the Alliance Française), the Confucius Institutes will be partnered with and located at leading international universities, who will share the cost. One London partner is the School of Oriental and African Studies (SOAS), at the University of London ‘With cultural glamour and language popularity, a nation can gain prestige and consolidate its position as a global player’, says Xu Lin, head of the National Office for Teaching Chinese as a Foreign Language27 ‘Go Global’ Campaign: Government-driven campaign, aimed at the arts, and particularly determinedly pursued in relation to the publishing industry, to support the exporting of cultural product, including subsidies, facilitation and pressure. This is explored in greater detail in section 4. If the scale of the effort is impressive, so too is the pace. Just as its neighbour South Korea successfully used the Olympics to announce its arrival as a creative economy player, China is looking to the 2008 Olympics to do the same, with host city Beijing taking the lead. As part of this determined drive for a creative economy, the government views the publishing industry as one of the most critical and promising sectors. In his introduction to the Publishers Forum held just prior to the Beijing International Book Fair in September 2006, Yu Yongzhan, Deputy Administrator of GAPP, told delegates that according to a survey conducted in 2004 for the first time ‘ the total added value of the industry was estimated at RMB193.97 billion in 2003, accounting for 1.7% of the national GDP and 5% in added value for the tertiary industry. At present, he told delegates, ‘the publishing industry has become one of the most promising industries in China’.28 However, he noted, with low per capita reading compared to developed countries and a negligible role in the international market, ‘all we can say at present is that China is a large publishing country but not a strong publishing country, China’s publishing industry still has a long way to go in the future’. People’s Daily, 2006, ‘Can Culture be China’s Next Export?’, 29 December 2006. Retrieved from http://english.cri.cn/2242/2006-2-21/67@298299.htm 28 Yu Yongzhan, 2006, speech at the International Publishers Forum, Beijing International Book Fair, August 2006 27 This has put the publishing industry in the spotlight and under significant pressure to reform. China has set it sights on being a valued and influential player in the global creative economy and a major figure on the world’s cultural stage. It is within this vast project that changes in publishing must be understood. This is a work in progress with drivers on a global scale. 3.6.2 Copyright and intellectual property Piracy is a key characteristic of the market for books in China. It affects the sales and hence profitability of publishers and creators; it affects what reaches the public; and it affects international perceptions of the market in terms of potential investment and partnerships. The phenomena is not confined to the publishing industry, but is replicated across all the creative and new technological industries. While it has devastating affects on these industries, draining revenues from legitimate producers, but leaving them to face the associated high research and development costs, the situation is complicated by the fact that the effects of piracy are not wholly undesirable. It has opened up the population to global cultural output and new technologies that would otherwise be beyond their reach, helping China to catch up and move to participate in the shaping of the global digital and cultural future. However, despite accusations from international voices, particularly the US, that the Chinese government, recognising these benefits, does not do enough to tackle the problem, piracy is now an area of determined government focus as China looks to build a solid foundation for its nascent creative and technological industries, key elements in China’s view of its future. It is this ambition, coupled with consistent cooperative international support that will drive solutions to the problem of piracy rather than heavy-handed adversarial international pressure. 3.6.2.1 The scale of piracy Piracy is rampant in China. It is not confined to the publishing sector, but is a feature across all creative and new technological industries. Pirated publications – books, films, music CDs and software – accounted for 45.5% of media product purchases in 2005, according to a national survey conducted by the China Institute of Publishing Sciences. Audio-visual products were the most frequently purchased pirate products, followed by books, software and reference books.29 Books: Pirated books are estimated to account for up to 80% of all sales of bestsellers. The Association of American Publishers conservatively estimates losses to US publishers in China in 2005 at $52 million, not including losses due to piracy on the internet. 29 Nearly half the publications bought by Chinese are pirated Book piracy in China has taken a number of different forms over the years: Commercial scale photocopying of academic textbooks Commercial photocopies, frequently professionally bound with colourful covers and even the university crest. Sometimes made by copy shops located on or close to campus, sometimes distributed out of the official campus textbook centre. Print piracy Unauthorised reprints approximating the quality and appearance of the original – particularly affects bestselling titles. Thanks to China’s welldeveloped printing industry, these books are cheap to produce and of good quality. With the decreasing cost and improving quality of photocopying, the latter is now overtaking print piracy Print piracy can exist in two ways. The first is that the Chinese publisher of a legitimately licensed title just prints an extra amount for some profit on the side. The second is straight piracy by an entity that has no licence to print the book at all. This can include translating a foreign language text Internet piracy The fastest growing area of piracy. This includes offering illegally scanned books (sourced from hard copies not e-books) for download, peer-to-peer trading and unauthorised access to electronic journals and other database compilations Trademark counterfeiting Especially with regard to books produced by university presses or under the name of famous international publishing houses Passing off – fake books Books bearing titles and fictional author’s names similar to bestselling titles or genres are marketed, sometimes at the expense of the legitimate author, but always with the danger of damaging the reputation of the author or genre In 2004 a book entitled No Excuse, published by China Machine Press, a leading business title publisher, roared up the bestseller list feeding China’s insatiable hunger for international management titles. The book by West Point graduate Ferrar Cape advocated the philosophy that employees should show absolute obedience to their leaders and had ‘No Excuse’ to refuse any of their bosses’ orders. It was a massive hit, with companies buying copies for every member of staff to read. China Machine Press reprinted 24 times and sold two million copies. It was later exposed that Ferrar Cape did not exist and that the book was a local fabrication. Music: Illegal sales of music in China is valued by the International Federation of Phonographic Industries (IFPI) at around $40 million, with around 90% of all recordings being illegal.30 Piracy has made the digital leap and according to John Kennedy, head of the IFPI, ‘now threatens to strangle the fledgling legitimate digital music market before it has hardly evolved’. Film: According to the Motion Picture Association of America, over 90% of films sold in China on DVD are pirated.31 DVD sellers are on every street corner with a vast array of titles, including a number of pre-release films. Software: The US lobby group the Business Software Alliance estimates that more than 90% of software used in China is unlicensed. Chinese officials argue that such numbers are grossly inflated. However, while probably an exaggeration for overall sales, for certain key products such as Windows operating systems it could well be the case. On a visit to Beijing in March 2006, the US Secretary for Commerce, Carlos Guiterrez, noted that China ranked second in the world for PC sales but only 25th for software.32 Until recently Tsinghua Tongfang, China’s third largest computer manufacture shipped all its computers with no software installed. Customers could then buy a pirated version of Windows and almost any other software for $1, at least $99 less than buying the real product pre-installed. Given an average urban income of RMB10,493 (£723 – $1,309), price differences of this nature are a serious consideration. Pirated copies of Windows sell for about RMB10 or $1.25, real versions for RMB600. Brands: Piracy is not confined to the creative or computer industries. Anything with a valuable brand, from Gucci bags to Viagra to airplane engines, may be pirated. Global leak: Piracy is susceptible to the forces of globalisation too. In 2004, 63% of all piracy-related seizures at U.S borders originated in China. In Europe the figure is an estimated 67%.33 This adds extra urgency to international calls for the Chinese government to step up their anti-piracy activities. Kennedy, John, 2006. ‘Unlocking the Music Market in China’. Speech delivered at the China International Forum on the Audio Visual Industry, Shanghai, May 25 2006; personal interview London, September, 2006. 31 Fang Bay, 2006. ‘Hollywood studios sue Chinese stores for movie piracy’, US News, 13 June 2006. Retrieved from www.usnews.com 32 Lague, D, 2006, ‘Small steps in a long fight against piracy’, International Herald Tribune, 17 May, 2006 33 Berman J, 2006, ‘Testimony for IFPI’, US-China Economic and Security Review Commission, US Congress 30 3.6.2.2 The cultural context of piracy Piracy is ever-present in life in China. It is simply part of the fabric of life and the government will have a major task on its hands to educate the population on the downside of piracy, particularly in the light, from the consumer’s point of view, of its very obvious upsides. In an illuminating local study of piracy purchasing patterns and attitudes in the city of Nanjing, a number of interesting characteristics emerged:34 Of the total 552 respondents only 24 had never heard of piracy Almost half had knowingly purchased pirated goods and a further 12% unknowingly; there was little difference between genders By age, the 20–29-year-olds were the largest purchasing group, accounting for 28.3% of all purchasers of pirated goods and representing 69.6% of their age group amongst the 552 who had heard of piracy. The 30–39-year-old group were second Surprisingly, the study showed that the higher the level of education the higher the percentage of people that purchased pirated products. 78.6% of people with a masters degree or higher purchased pirated goods; 65.8% of those with bachelors degrees have done so; 52.5% of those with junior college; and 50% of high school students. The conclusion was that as people’s educational level rose so too did their demand for cultural product that pirated products satisfied The higher the income, the more respondents purchased pirated goods – leading the report writer to conclude ‘income is absolutely not the main cause of piracy’, and probably related to the reasons given above for rises with educational level The largest purchasers were those who worked in technical fields (80% of those who had heard of piracy). Of those who worked for the press or for publishers, 46.2% had purchased pirated goods Purchasing was spontaneous and opportunistic. Most said the low price was the determining factor (91.3%), followed by speed to market (43%) Of those who had purchased pirated goods 37% had purchased a book or periodical, spending an average of RMB18.38 per month Zhang, Zhiqiang, 2006, ‘A Study of the Piracy in Contemporary China’, The International Journal of the Book, Volume 3, Number 3, 2005/06 Retrieved from http://www.book-Journal.com 34 Of those who head heard of piracy 89.6% understood it to be illegal, but 79.7% said they were not embarrassed about buying it. Only 35.6% agreed with the statement ‘Purchasing pirated products helps others dispose of stolen goods’ and only 37.1% that purchasing pirated products was ‘dishonourable’. It is clear from these figures that not only is piracy a regular part of every day life, but it exists in a morally ambiguous context. In the past, it has been argued, and still is by some, that there has been little heart in the efforts of the Chinese government to pursue and stamp out piracy. Part of the explanation offered was that it understood knowledge and technologies, building blocks for China’s future, could circulate. Cut piracy off and you would cast China adrift in the wilderness, just at a time when China had set its sights on catching up. Certainly piracy has broadened the cultural perspective of millions of Chinese and opened avenues to some of the world's great literature. For academics, too, whose business is knowledge, piracy presented a particular harsh dilemma resulting in the widespread piracy on campus. This exposure to piracy from a revered institution probably goes some way to explaining the moral ease with which the more educated respondents purchased pirated goods. 3.6.2.3 The legal context of intellectual property rights (IPR) One of the early moves of the new Communist government following the founding of the People’s Republic, was to abandon copyright protections with its underlying notion of private property. For over thirty years China did not recognise any notion of copyright. Following the start of reform and the embracing of the market economy, China, from the mid 1970s, reinstated copyright protections. China is now a signaturory to all major copyright agreements, including the Berne Convention for the Protection of Literary and Artistic Work and the Universal Copyright Convention. In addition, in 2001, it joined the WTO, requiring it to uphold IP rights. However, according to a leading Beijing legal firm specialising in intellectual property, there are a number of popular misconceptions held by international publishers in relation to China’s protection of IPR. These include: China has no IPR protection, so registration in China is not worthwhile. In fact, as seen above, and in figure 27 China has a complete IPR legal system We have international trademark registration, so we do not need to register in China. In fact, even if a publisher holds an international trademark it must be specifically registered in China with the Chinese authorities before it has any validity in that country. In addition, China runs a ‘first to register’ system that requires no evidence of prior use or ownership, leaving registration of popular marks open to a third party Copyright will be protected under the international treaties and registration with the National Copyright Administration is not a mandatory procedure. However, as a belt and braces approach, registration, as a public announcement of ownership, will help copyright owners to enforce their IPR in some circumstances Enforcement of IPR in China is a mission impossible. In fact there is a relatively high percentage of prosecutions In terms of enforcing IPR in China a civil action against the infringer in a people’s court is the most popular method for copyright owners to protect their IPR. It is often instigated when administrative authorities are unable to make a determination of infringement To support UK publishers fighting infringements the UK Publishers Association provides a copyright protection toolkit – essentially an escalating series of pre-prepared letters threatening action against copyright infringements for use by publishers.35 However, under Chinese law, the complainant is responsible for collecting evidence of infringement. If such a letter is sent before sufficient evidence, acceptable by the court to prove infringement, has been gathered, the warning may simply give the infringing party time to destroy it, thus preventing the case going to court. More worrying, the Chinese judicial system has established precedent of declaratory judgement. This would allow the party receiving the alert letter to bring a suit against the sending publisher if that publisher does not bring an infringement suit against the alleged infringing party in a reasonable time after the letter.36 Badly handled, the UK publisher could be the one being sued. Bone, Alison, 2006, ‘PA spies pirates ahoy’, The Bookseller, 9 September 2006. Retrieved from www.bookseller.com 36 Jihong Chen, 2006, How to Protect Your Intellectual Property Right in China, Talk at Frankfurt Book Fair, October, 2006 35 Figure 27: China’s IPR legal system Intellectual property rights legal system Paris Convention for the Protection of Industrial Property Patent Cooperation Treaty Budapest Treaty on the International Recognition of Patent Procedure Lugarno Agreement Establishing an International Classification for Industrial Designs Madrid Agreement Concerning the International Registration of Marks Nice Agreements Concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks Agreement on Trade Related Aspects of Intellectual Property Rights International Convention for the protection of New Varieties of Plants Berne Convention for the protection of Literary and Artistic Works Universal Copyright Convention Convention for the Protection of producers of Phonograms Against Unauthorised Duplication Source: Zhonglun W&D Law Firm, Beijing Chinese businesses account for 90% of all lawsuits filed against Chinese copyright and trademark violations, but international companies have taken their cases to court, including a number of high-profile landmark cases: In 2005 the music industry sent 1,000 warnings requesting ISPs to take sites down, proceeding against internet giant Baidu, which was found guilty of copyright infringement in the Chinese courts. Yahoo is constantly under close watch with the threat of similar action Six major Hollywood studios, Twentieth Century Fox, Walt Disney, Paramount Pictures, Universal Studios, Warner Bros and Columbia Pictures teamed up in 2006 to sue two Beijing stores for allegedly selling illegal copies of their films Louis Vuiton and four other international designers won a major victory in April 2006 when the Beijing People’s Court upheld a lawsuit against the landlords of the Silk Market, a vast market notorious for fake designer goods. This is the first time a property landlord has been held responsible. The government too is pursuing the pirates. According to official government figures, in the first half of 2006 government agencies investigated more than 12,000 cases of copyright violation and piracy; confiscated 55.538 million copies of illegal publications, including 3.611 million pirated textbooks and complementary reading materials; fined 22,000 publication stores and booths and closed 15,000 more; and shut down 743 illegal printing enterprises. In the second half of that year, in a high-profile gesture aimed partly at the international community, they introduced the ‘100 days campaign’ – a major coordinated clamp-down on pirates. By the end of August, the police announced that they had confiscated more than six million pirated publications and, according to the Ministry of Public Security, police around the country raided more than 32,000 publishing and distribution companies. However, international grumbling continues, particular from the US, where the overriding feeling is that China is not taking copyright seriously enough, and indeed in some cases, some in the US allege, is using it to protect domestic industries against international competition. In autumn 2006 it seemed very likely that the United States, together with the European Union, Japan and Canada, would bring a complaint against China at the WTO because of inadequate enforcement of intellectual property rights. It was just adverted at the last minute, some suggest due to the United States need to maintain China's support in dealing with the North Korean nuclear problem rather than any leap of faith on the part of the US. According to John Kennedy, interviewed for this report at the time, and head of the International Federation of Phonographic Industries (IFPI), an industry with a vast stake in the outcome and the clout to be a powerful driver of change, such a move risks being counter-productive. There is a good chance, he believes, the Chinese are more likely to pursue a much higher standard of intellectual property protection on their own, particularly if encouraged and supported rather then threatened with penalties, which they can easily get around on paper presentation of their system. In essence, Kennedy thinks forcing a WTO compliance decision risks lowering the bar. Given China’s well-publicised ambition to become an innovative force in the global economy and to become a serious creator and exported of new technologies, educational and cultural product – a recurring theme through this report – it seems logic is on Kennedy’s side. It is inevitable that the Chinese will very quickly reach a tripping point where the good strong IPR protection can do for their nascent creative industries far outweighs any other consideration. 3.6.2.4 Strengthening IPR While the Chinese government may be committed to IPR and while China has a complete IPR legal system, the real problem is that it is backed, in the words of a leading Chinese IP lawyer, by relatively weak enforcement measures. This results from local interest protectionism, a lack of public awareness of IP rights, a lack of trained and experienced personnel, inadequate penalties, weak judicial enforcement, a lack of powers to enforce judgements and a lack of consistency in enforcement. To deal with these issues as part of its energised commitment to IPR, in early 2006 China issued an Action Plan on IPR Protection. The Action Plan covers nine areas: legislation, law enforcement, mechanism building, propaganda, training and education, international communication and cooperation, promoting business self discipline, services to right holders and subject research. Major elements of the action plan included: Legislative planning. Drafting, formulation and revising laws on trademark, copyright, and patents, identifying areas of weakness in protection and identifying action plans for cures Law enforcement. Focused crackdowns aimed at specific areas; more rapid and robust trial action and speedy advice from the Supreme People’s Court; investigation and prosecution by the Supreme People’s Procuratorate (SPP) of ‘those crimes involving the abuse of power by government officials behind the IPR infringing crimes in a stringent manner, resolutely rooting out such ‘umbrellas of protection’ Institutional building. Setting up centres in 50 cities, with phone hotlines, to handle domestic complaints on IPR infringement, provide consulting services, collate information and statistics and publicise IPR Promoting cross-regional coordination in enforcement and information rewards. Setting up rewards for helping the war against IPR infringements, for example, US$37,000 for any tip-off that exposes an underground DVD/laser disc production line, providing information internationally on IPR activity, increasing the transparency of IP judgements – publishing cases online and via nationwide press releases. In addition the government moved to: End the sale of ‘naked computers’. Domestic PCs must now ship with licensed operating systems pre-installed (March 31st 2006). Some analysts predict this will just mean computers are loaded with open-source Linux Schools’ programme. IPR knowledge will feature in Chinese primary school textbooks to raise awareness from childhood37 Ending of textbook copying. Targeting one of the major publisher irritants, in November 2006, the Ministry of Education circulated a strongly worded statement stating clearly that ‘All foreign textbooks used in Chinese universities and colleges should be the original or the authorised domestic edition’.38 While US lawyers almost immediately attacked the new initiative as not being clear on the budget and manpower allocations needed to make it work, Premier Wen Jiabao asked for some faith. Speaking in September 2006 he told foreign journalists ‘Frankly, it is only in recent years that we have given priority to the protection of intellectual property rights as a matter of strategic policy. This has something to do with the level of development China has achieved and China should be given more time. But what I want to stress is that no one should fail to see the Chinese’s government’s commitment to protecting IPR and the steps it has taken’.39 37 Yang Lei, 2006, China to include IPR knowledge in primary textbooks Retrieved from http://English.goc.cn/2006/04/11/content_251395.ht 38 Yangtze Yan, 2006, ‘Photocopying or forging textbooks forbidden in schools’, Xinhua News Agency, 11 November 2006 Retrieved from http://english.gov.cn/2006-11/11/content_439868.htm 39 Reuters, 2006, ‘China needs more time to deal with piracy’, 6 September 2006. Retrieved from www.chinadaily.com.cn/com/2006-09/06/content_682213 3.6.3 Censorship and restraints on creativity 3.6.3.1 Introduction Article 35 of the Chinese Constitution states that Chinese citizens enjoy freedom of speech and freedom of the press. This does not operate in the way such a statement might imply. In China, what is said, written and seen may be controlled by the state via a number of overlapping organisations, legal instruments and protocols. However, despite popular Western notions to the contrary, this does not add up to a well-organised bureaucracy of professional censors, a consistent understanding of what is forbidden or a centralised censor’s office overseeing its operation. Instead, early in the state’s history, the Party dispersed responsibility for censorship among cultural and propaganda institutions throughout the nation. This has led to an informal and unpredictable system of censorship in which, as well as the few professional censors (in the case of literature those at the Party Propaganda Department and GAPP), censorship works via the editors and via the authors themselves, who operate a system of self-censorship. In addition, this diffuse operating system is further complicated by the vast changes occurring in post-reform China. This has highlighted three additional considerations. First, it has resulted in indecision among the political elite about what to allow, preventing consensus and further confusing the issue. Second, the new commercial pressures have challenged the old rules and criteria on what makes a good publication, pitting the need for commercial appeal against the need to heed the prevailing winds of the accepted cultural policy, part of which, ironically, is to show market success. This has introduced a strong element of pragmatism and opportunism into the equation. Third, it has led to a loss of consensus within the writing community itself on the role and responsibility of the writer. 3.6.3.2 Self-censorship and negotiation Perhaps the most effective outcome of this diffuse system of censorship is to create an atmosphere of uncertainty and caution, in which an editor or author is constantly forced to guess where the boundary of acceptability and unacceptability lies, in which every work ‘is a kind of miner’s canary in the caves of China’s cultural politics’.40 40 Kraus, RC, 2004, The Party and The Arty in China: The New Politics of Culture, Rowman and Littelfield, pg 121 Because of this, the pattern of censorship in China is not a series of highprofile or identifiable clashes of state vs. speaker, although they do occur, but rather a general pattern of ongoing pervasive and usually invisible selfcensorship. ‘If you want to censor me, give me a standard’, Ma Jian said earlier this year at the Hong Kong Literary Festival. ‘It feels terrible because you don’t know anything’. Hu Shuli, the editor of Caijing magazine, a powerful and thriving business journal that manages to tackle difficult stories of stock market manipulation and corruption without falling foul of the censors, told the New York Times last year ‘I know how to measure to boundary lines…We go up to the line – and we might even push it. But we never cross it’. The business sector, however, is given maximum latitude. For literary writers defining the boundary is more difficult. Yan Lianke, one of China’s greatest living authors, finds the process traumatic. Having spent three years researching the blood selling scandal in his native Henan province, Yan began his book, The Dream of Ding Village, planned as a biting critique of China’s ruthless dash to development. Fearful of a ban however he removed the features he thought might cause trouble, the notion of a blood pipeline from a developing country to the US, a critique of national politics, a link with global trade. His fear was understandable. His first novel, Xia Riluo (1994), was banned. His 2004 novel Shouhuo (Enjoyment) caused him to be asked to leave the army and his 2005 novel Serve the People! was also banned. This prompted his own scaling back of his next book, The Dream of Ding Village. ‘This is not the book I originally wanted to write’, he told The Guardian newspaper in October 2006, ‘I censored myself very rigorously. I didn’t mention senior leaders. I reduced the scale. I thought my self-censorship was perfect’. GAPP did not agree and issued a ‘three nos’ order: no distribution, no sales and no promotion. ‘My greatest worry’, Yan told The Guardian, ‘is that selfcensorship has drained my passion and dulled my sharpness’. However, he sees improvements in the situation for censorship. In 1994 when his first novel was published he was forced to write self-criticisms for four months. Now there are no personal repercussions. ‘My work has caused more disputes than those of any other author in China. But the attacks on me have become fewer. I think this shows that in many respects, society is improving, reforming, developing.’ Ma Jia, now resident in the UK, is not so sure. ‘It’s the same today. A publisher and his family could be destroyed because of a single word’, he said in an interview earlier in 2006.41 And it is not just the unwritten rules that have to be felt out and negotiated. As noted above, with the new commercial considerations and government pressure to show results, pragmatism and opportunism can mean that even the elements of creative control that are clearly laid out by the government in the form of laws and regulations can become negotiable and fluid too, adding to the blurring of boundary lines and the constant need to make personal decisions about how far you can go. According to Mark Magnier, the New York Times correspondent in Beijing, ‘China often depends on a patina of legality that allows companies or individuals to get things done while ensuring that those in power don’t lose face’. But this is a fine line, he notes, ‘Push things too far, …and you risk a backlash’.42 Given the plethora of unwritten rules, the tolerance levels surrounding the ones that are written and the cultural importance of face and personal relationships, its not surprising that some works you would expect to see censored, such as Brothers, are unmolested and others, apparently innocuous, are banned. Leading author Yu Hua, whose stories, as seen in section 2.3, revolve around supposedly sensitive topics such as sex, violence and political upheavals, has always managed to get through the censors. In To Live and Chronicle of a Blood Merchant, Yu describes the brutality of life from the Civil War and the Great Leap Forward to the Cultural Revolution. In Brothers, his latest series, he draws analogies between the madness of the Cultural Revolution and the madness of the rapid dash to cash today, yet none of the books have been censored. Brothers is a current and vast bestseller and the earlier two are included on a list of China’s ten most influential books in the 1990s. ‘I don’t really know why it passed the censors’, Yu says, ‘Maybe because it’s a novel. If it had been written from an academic point of view involving opinion, I guess there would have been some controls’. The situation is further complicated by the fact that the novel To Live passed the censors as a book, but was banned when it was made into a film.43 Hui, Sylvia, 2006, ‘Chinese writers take their banned books out of China, find new readers in the West’, 21 March, 2006. Retrieved from www.freemexican.com 42 Magnier, M, 2006, ‘China says it will close new Rolling Stone magazine’. The Los Angeles Times, 29 March. Retrieved from www.latimes.com 43 Kwok, Kristine, 2006 ‘China: bestselling author escapes the censors’, South China Morning Post, 29 May, 2006 Retrieved from www.Asiamedia.ucla.edu/aricle.asp?parentid-46914 41 The mechanisms, shifting sands and negotiations behind censorship are perhaps more clearly seen in journalistic writing where the interplay between author and censor is more immediate. There are, of course, high-profile clashes. Paris-based Reporters Without Borders Worldwide Press Freedom Index, shows that in 2005 China had 32 journalists in jail and was ranked 159 out of 167 countries on the Index, ahead of only Nepal, Cuba, Libya, Burma, Iran, Turkmenistan, Eritrea and North Korea.44 However, most of the barriers are dealt with via a combination of selfcensorship, personal relationships and face-saving diplomacy. According to David Bandurski, a researcher at the University of Hong Kong’s China Media Project, quoted in the Wall Street Journal, the system relies on a process of ‘prior censorship’. Rather than come in with a black pen, Bandurski says, China’s propaganda officials usually rely on editors to censor publications themselves, based on a growing collection of government missives. As for authors, there is no conclusive central database of subjects considered off limits by the government. Government censorship ‘is very nuanced, across the board from “absolutely not” to “report it a little more this way”,’ Bandurski says.45 This makes the editors job harder and self-censorship extremely effective. Peggy Yu, the founder of Dangdang.com, the leading internet book retailer, talking to the BBC in 2004, said that her way of dealing with bureaucracy and censorship in China's constantly changing regulatory environment is to ‘never ask for permission, only for forgiveness afterwards’. ‘We do whatever customers need, and what is right for the business. If that conflicts with certain regulations, we communicate with certain regulators, we come up with ways of complying with them after the event.’ 46 Perry Link, Professor of East Asian Studies at Princeton University who has written on the Chinese media, says editors and writers have to be careful. ‘They may have flexibility, but its flexibility with a leash.’47 Trouble occurs when the threat is too overt or face impinged. Philip Qu, an attorney with TransAsia Lawyers in Beijing, talking to the Los Angeles Times in 2006, said of the regulators, ‘If they believe something is too aggressive that challenges their authority, they will show their real power by stopping it’.48 Paradise, JF, 2006, ‘China’s conservatives usher in more restrictive media environment’, Asiamedia, 21 April, 2006. Retrieved from www.asiamedia.ucla.edu 45 Fowler, GA, 2006 ‘Rolling Stone Tests the Water’, The Wall Street Journal 10 March 2006. Retrieved from www.post-gazstte.com 46 BBC, 2004, ‘Riding China’s Internet Wave’, BBC Online, 6 March 2004 Retrieved from http://news.bbc.co.uk/1/hi/technology/3537367.stm 47 Barboza, D, 2005, ‘Pushing (and Toeing) the Line in China’, New York Times, 18 April 2005. Retrieved from http://travel2,nytimes.com 48 Magnier, M 44 When Rolling Stone magazine was closed down after only its first issue, commentators picked up problems with content, but, more importantly one mentioned ‘their not pretending to follow the rules’. Pretending to follow the rules is critical, backed by personal relationships that can negotiate the alternative routes. According to a Beijing-based UK publisher, who knows the situation well, the real story behind Rolling Stone’s close down, was not any major state-planned shut down as was implied in much of the foreign press reports, but a personal clash between the magazine editor and a local official in GAPP Shanghai, a problem of status, face and personal relationships. In China, the number of official magazine titles are limited. To publish, foreign publishers need to work under an existing title. While all are aware that this is a façade and that the magazine has in reality changed hands and purpose, to satisfy the theoretical legal situation, publishers must publish the old title alongside the new title on the magazine cover in type face of equal or greater portion to the new title. Vogue, Cosmopolitan and the other large international bands have accorded to this face-saving convention, but Rolling Stone did not. The local official in Shanghai felt his authority questioned and decided to make a point by suspending publication.49 In the end, despite a plethora of articles in the West saying the shut down was part of a government move against foreign publications or central state censorship, Rolling Stone sought a new publication licence belonging to the Guizhou Artists’ Association, away from the Shanghai office of GAPP and under the authorities in Guiyang, and continued publication, now with the all important reduction of font size for the Rolling Stone title and the inclusion, in larger font of the Chinese title. Branding was maintained, however, by the clever use of a cover picture of the Rolling Stones. Relationships between publishers and GAPP are critical. No book can be published in China without an ISBN and GAPP is the only authority that can issue them. It is a system designed to maintain firm control over what titles are published. However, given the number of new titles published each year, it is impractical for GAPP to read all prior to approval. Instead publishers submit a list of titles they wish to publish each period and are issued a block of ISBNs to cover them. 49 Interview Jo Lusby, Penguin Books, China, Oct 2006; industry press reports If a publisher submits a title that later turns out to be problematic, the error could cause an immediate shut down, a loss of career for the publisher or a reduced or zeroed allocation of ISBNs next time around. Without ISBNs a publisher cannot survive, so making sure submitted titles do not cause any later trouble is critical to survival. Again the system is relying on selfcensorship, this time by the publisher who must take care not to produce content that will offend the Communist party leadership or cause ‘bad social influence’ and which, even if it does not cause immediate trouble has any prospect of coming back to haunt their career at a later date. As we have seen above in section 3.3.4 however, pragmatism and the pressure to show commercial results frequently overrides this concern, with publishers selling their ISBNs and imprimatur for use by ‘culture studios’ who operate with fewer of the same concerns. 3.6.3.3 The burden of duty But not all of what is suppressed creativity in China is censorship in its usual definition, but arises from cultural preferences and long-taught prejudices and understandings about what art and literature should do and about what it should be concerning itself with – big themes, big ideas, not the private and personal. According to Yen, ‘Contemporary Chinese literature is gripped by a desire for popularity… It is like a soft bone disease’. Coming from a poor background, Yen finds this an impossible choice. ‘Anger and passion are the soul of my work’, he says. Ma Jian, the exiled Chinese writer, author of Red Dust and London resident, in 2004 offered a similar view in The Guardian. ‘There is a saying that the further you stand from the mountains, the more clearly you see them…China is completely lacking in self-awareness and as someone who has stepped outside that society, I have a responsibility to write about it as I see it.’ 50 Most China-based writers, he says, ‘write stories. But there are two sides to a writer; writing a story, and taking an intellectual stand… Chinese writers’, he believes, ‘lack that second strand, so although the publishing industry seems very active and flourishing, these books are just entertainment. There’s no spiritual or intellectual weight to them’. Merritt, S, 2004, ‘Home Truths from the Exile’, 2 May 2004 Retrieved from http://book.guardian.co.uk. 50 But for some, this sense of responsibility, this need to champion a cause, a way of life, the state, or the nation’s history, can be just as serious a restraint on creative freedom as what is traditionally understood as censorship. Xiaolu Guo, writer and film-maker, felt the need to leave China for the UK to find a space for her voice. ‘In China’, she told The Guardian in 2006, ‘we adore big historical novels. To write – that is to dedicate your own little life to the big party, to China, to the big continent. We sacrifice ourselves to it’. In contrast, Xiaolu Guo, along with a number of contemporaries, chose to write about the personal, the private. But in a country where ‘great art was art dedicated to others’ the critical response to this new generation of writers was frequently one of dismissal or shock: ‘They say, “Oh God, she never looks at other people’s lives”.’ Despite having five published novels in China, Xiaolu Guo’s requests to join the Chinese Writers’ Association, the traditional bestower of status as a writer, were brushed aside. Now in London, Xiaolu Guo feels free to ‘to discover myself, to see my reflection… Because when you are in China’, she explains, ‘the big, big Chinese voice overwhelms your own’.51 Wang Shuo, author of Playing for Thrills (1998) and Please Don’t Call Me Human (1989) and one of the first young ‘hooligan’ writers, says he is the freest-minded writer in China. While he admits that there are many restrictions on what Chinese authors can write about, ‘I can’t mention Mao, the CCP or Muslims’, when asked, in 2003, by fellow author Annie Wang if Mo Yan or Li Rui, two older more traditional writers, are as free as he is, he answers no. ‘They both love the peasants so much that they start to beautify them. Are the Chinese peasants really that nice?’ he asks. ‘Mo Yan and Li Rui are both nostalgic about the poor days of China. But I think poor Chinese people have the right to be corrupted by material wealth. To me, freedom means being unbiased and original. Authors shouldn’t stereotype a group of people. In that regard, they aren’t nearly free.’52 Elsewhere Wang Shuo has rejected demands to protest ‘A writer is a writer’, he says, ‘He should stay away from politics’.53 Barton, L, 2004 ‘The Rise and Rise of Little Voice’, The Guardian, 13 May 2004; personal interviews with author, London, October, 2006 52 Wang, Annie, 2006. ‘A New Chapter’, Time Asia, 20 January 2003 Retrieved from www.time.com 53 Kraus, RC 51 ‘Writers and artists should emancipate their minds and explore diverse styles’, Chinese Premier Wen Jiabao told delegates in a November 2006 speech to 25,000 artists and writers attending a conference organised by the China Federation of Literary and Art Circles (420,000 members) and the Chinese Writers’ Association (7,700 members). But there was a context. ‘Developing Chinese literature and promoting the cultural qualities of the Chinese people to help boost economic and social development is a crucial task’, he said. He urged writers and artists to have a strong sense of social responsibility and for their work to ‘reflect people’s life, social progress and promote social harmony’.54 While this need to have a moral purpose to art is readily identified within the socialist state, and, as seen with Ma Jian on the other side of the coin, with those who oppose it, in China it predates this and is rooted deep in the cultural life and expectation of art. In his study of the politics of culture, The Party and the Arty in China: The New Politics of Culture, Richard Curt Kraus points out ‘Chinese artists, their audiences and their censors share the belief that art must be suffused with morality, that high art has an ethical content…its source in China, lies deep in Confucian civilisation, which holds that an artist is a kind of public figure – not a celebrity but a moral guide to the nation.’ It is this idea of artist as guide that makes ‘the party anxious that without controls, artists will make moral demands for dissent art’.55 The desire to ensure the moral purpose of art and to dismiss, block or censor that which does not conform can come from the most unlikely quarters. Mian Mian, the writer whose work Candy was banned for its sexual candor, drugworld references and tale of social alienation, called in a 2004 interview for the government to limit the ‘bad influences’ from the ‘big garbage’ coming to China from Hong Kong, Taiwan and Hollywood – specifically, ‘the straightforward adaptation of the sentimental, commercial, lowest-commondenominator approach’ she said.56 Mu Xuequan (ed), 2006, ‘Chinese premier urges writers, artists to speak the truth’, Xinhua News Agency, 13 November 2006 Retrieved from http://english.gove.cn/2006-11/13/content_441421.htm 55 Kraus, RC pg 119 56 Mackey, M, 2004 ‘Banned in China for sex, drugs, disaffection’, Time Asia 29 April 2004 54 Reverse censorship When the three volume, collected works of former head of state Jiang Zemin was published in 2006, it was hailed, pre-publication, as a sure fire bestseller. Not an unlikely bet noted The Guardian’s Beijing writer, given ‘promotion that puts Harry Potter in the shade: rave reviews, frontpage headlines, lead stories on TV and a must have recommendation by the president’. In addition ‘Add the distinct possibility of demotion, imprisonment or the withdrawal of publishing licences for any critic, and there is every reason to believe… [it] will be a bestseller.’ And there were some major sales; ‘75,000 copies of the first run were reserved for the military. The newspaper of the People’s Liberation Army, said ‘Officers and men were absolutely elated to receive their elegantly bound copies, and one after another vowed to diligently study it in order to fully grasp its spiritual essence.’ The Guardian 3.6.3.4 Censorship and the market But in post-reform China there is another factor influencing how censorship and creative restraints work – the power of the market. This causes authors and publishers to weigh towing the line with the needs of the market and can invest a title with a ban with an added market value, causing authors, if not to seek a ban out, at least not to be so averse to the notion of one. This, added to the government’s ambiguity and to international politically-driven interpretations, can lead to a distortion of what a ‘ban’ actually means. Historically GAAP and publishers only had to serve one master, the Party. Keep the Party happy, avoid offence and careers were safe. In the new commercialised publishing industry, careers are measured in terms of market success allied with acceptable content. According to Yang Kai, an editor at the Writers’ Publishing House, ‘making the Ministry of Propaganda happy is the most important thing. We need books with the correct political tone to win government awards. Once we are awarded some prizes, we can get benefits, like unlimited ISBNs. It simply means money. Besides appealing to the government we have to take aim at the market, our books must sell’.57 Wang, A, 2006, ‘A New Chapter’, Time Asia, 20 January, 2003 Retrieved from www.time.com 57 There is an inherent tension between these two requirements – between the need for publishers to succeed in a customer-driven market economy while at the same time toeing the government’s line in terms of acceptable content. Talking as far back as 1999, Mo Luo, essayist and author of Notes from a Loser: A Free Thinker’s Life Experiences, said ‘In the current consumer environment you can’t survive publishing books that are dull and boring. So the liveliness of the publishing world has opened up; there is wider space for speaking out’. Shi Tao, managing director of the then newly founded independent second channel publisher, Alpha Book Company, told the New York Times, ‘we do a lot of critical books because people want to read them. And we want to make money’.58 A trusted publisher will have a lot more latitude with what can be published, but when a line is crossed, whether because it has pushed the boundaries or done so in too aggressive or high-profile a way, there can be consequences. This happened to An Boshum, editor-in-chief of Chunfeng Art and Literature Publishing House and the creator of the extraordinarily successful Cloth Tiger series and Golden Cloth Tiger, the romantic book series based on the US Harlequin romances. Following the publication in 1999 of a winner of the competition for the Golden Cloth Tiger title, the sexually explicit novel by Wei Hui, Shanghai Baby, was condemned as ‘filthy pornographic content’. The Beijing News and Publishing Bureau ruled that any unsold copies in bookstores would be confiscated and that the publisher must destroy the printing plates and stop business for three months to ‘clean its ranks’. The Beijing office of the Chunfeng Art and Literature Publishing House was permanently closed down. This highlights another pressure. In some markets not only do the twin goals of selling in numbers and avoiding the censors operate in tension, but they work in reverse ratio to each other – the more you upset the censors the better the sales. By the time of its ban in April 2000 Shanghai Baby was already a bestseller, thanks to expert marketing both by the publisher and by the author herself. With the ban, however, Wei Hui’s books immediately turned into the hottest commodity on the book market with all five of her back titles hitting the bestseller lists and catapulting Shanghai Baby and its author on to iconic status.59 Rosenthal, Elizabeth, ‘New Grey Market In China Loosens Grip on Publishing’, New York Times, 27 June 1999 59 Kong, S, 2004, Consuming Literature: Bestsellers and the Commericalization of Literary Production in China, Stanford University Press, USA, pp 110–111 58 Better still for the ambitious author, the incident shot Shanghai Baby onto the international stage, with eighteen foreign publishers, including one from the UK, purchasing the copyright. The book was marketed with ‘Banned in China’ slogans across the cover, a slogan with international market cachet. Speaking in 2001, Toby Eady, the authors’ agent, said ‘If you really want a Chinese bestseller, here’s how: get the list of banned books from a friendly policeman, download them off the internet, get four chapters translated, and sell them. I was in China when the authorities moved in on Shanghai Baby, and believe me, you couldn’t ask for better publicity… In total 19 countries have bought her and with film rights, book rights and royalties, we’re talking $2 million easy. Yet would her novel have been noticed if it had not been banned?’60 So commercially useful is the ‘banned in China’ slogan that, coupled with a level of historical political bias, its appeal can serve to mask the true nature of what being banned in China actually means. Because China lacks an institution that blocks publication based on a prior review of the book, books generally go to market on the basis of just their title as one of many on a list submitted by a publisher seeking a block of ISBNs. With 128,578 new titles published in 2005 such cursory glances are not surprising. In addition, any notion of prior review is further diluted by the fact that an estimated 5,000 private publishers unofficially obtain ISBNs from the 572 state publishers to get their titles to market. This means that banned books will generally have to have gained enough profile to come to the attention of the authorities and secondly, once banned, must be recalled from distribution, a difficult and in reality impossible process for an already established title. Here, commercial pressures work against censorship. Since ending stateowned Xinhua Bookstore’s monopoly of distribution and sales of books, China is now served by a network of 160,000 state-owned, private, foreign-funded and joint venture distribution enterprises and outlets, an estimated 80,000 shops, 80% of which are private, as well as the rapid increase in online stores. This is an unwieldy chain to empty and control. In addition, even if the authorities can clear the shelves of the legitimate bookshops, market stalls and pirated editions will fill the void. When Chen Guidi and Wu Chuntao, published the unlikely bestseller A Survey of Chinese Peasants, an exposé of the plight of China’s 800m agricultural poor, reprints were banned by the government, but it went on to sell an estimated eight million copies in 30 pirated editions.61 Eady, Toby, 2001, ‘The Writing on China's Great Wall’, Publishing Trends, July, 2001 Retrieved from http://publishingtrends.com/copy/01/0107/0107china.htm 61 MacIntyre, B, 2005, ‘The American banned list reveals a society with serious hang-ups’, The Times, 24 September 2005. Retrieved from www timesonline.co.uk 60 As Kraus has commented, ‘The cultural market simply generates new stuff faster than the state can regulate it’. With over 570 official publishers, thousands of second channel ‘unofficial publishers’, 2,000 newspapers, over 8,000 magazines, 282 radio stations, 374 TV stations, 114.7 million households hooked up to cable TV and more than 140 million people online the ability to generate and spread content is exploding. Apart from this expansion in outlets and the growing impossibility of control, outright bans for literature are in fact rare and generally not permanent. Part of the reason the Serve the People! ban attracted so much attention is because it was the first book to be banned by the authorities in years. 62 According to Richard Curt Kraus, author of The Party and the Arty in China: The New Politics of Culture, a major impediment to understanding censorship in China is the way the Western media hype the ‘banned in China’ theme, sometimes motivated by an anti-communism mindset, but sometimes by ‘efforts to make cultural products seem more significant, and therefore more attractive to purchasers’. He cites the example of Penguin’s US publication of Howard Goldblatt's translation of Mo Yan’s novel The Garlic Ballads, on the rear cover of which he reports Penguin wrote ‘The Garlic Ballads, banned in China, a powerful and apocalyptic vision of life for the innumerable people of China who exist at the mercy of an uncaring state’. In fact, Kraus points out, by the time of the 1995 Viking-Penguin publication, Mo Yan’s novel was readily available in Chinese bookstores. It had been banned for a while on publication in 1989 by a government overly-sensitive following the Tiananmen Square events that year, but by 1993 the book was back on the shelves, albeit, in a revised version. Mo Yan had added a preface saying the book should be taken as a warning not a model; he removed a quotation by Stalin and added a final chapter using the device of a newspaper report to sum up the events of the book. However, from the Penguin blurb Kraus argues, ‘the reader might well imagine Mo Yan a non-person, a dissident artist who writes underground and at great peril’. In fact Mo Yan is a professional writer for the People’s Liberation Army, his employer since 1976, ’his books are in all decent bookshops; he has won every major Chinese Literary award and his place in China’s literary life is central not peripheral’.63 Lim, Benjamin Kang, 2005, ‘China axes novel for satirising sacred Mao slogan’, Reuters, 21 March 2005 63 Kraus, RC 62 3.6.3.5 Censorship and the internet Along with an explosion of other outlets, the rise of the internet is presenting some unique challenges to the censors. When in 2005 Yan Lianke's satirical novel Serve the People!, trailed in its entirety by the literary magazine Huacheng, was banned, it quickly transferred to the internet where the novel, which includes a soldier and his lover smashing up images of Mao Zedong as part of sexual foreplay, became a sensation. The government makes great efforts to control the internet, a difficult line given their goal of using technology and mastery of the information society to feed the Chinese economic boom. According to the Open Net Initiative, a partnership between the University of Toronto, Harvard, and the Universities of Oxford and Cambridge, China’s internet filtering regime is the most sophisticated effort of its kind in the world, censoring content transmitted through multiple methods including web pages, web logs, online discussion forums, university bulletin board systems and email messages. Its filtering system comprises multiple levels of technical control, implemented primarily at the backbone level using specially configured routers, which as well as being effective are designed to make the censorship of content discreet. For example, the ONI researchers found, through forensic analysis, that China’s backbone routers are configured such that requests for banned content result in a network timeout error rather than a censored page notification. The routers then send packets to the user’s machine effectively blocking that user’s unique IP address for an indefinite period of time such that any further requests for any web content on the same server results in another network timeout error.64 This is supported by a system that involves numerous state agencies and thousands of public and private personnel, backed by a dense web of legal restrictions. Since 2000 content providers are held responsible for information published on their sites and in 2005, as part of the Golden Shield (Jin Dun) Project, the government introduced regulations requiring all websites, including individuals’ sites and blogs, to register with the government. The Chinese authorities also gained agreement from the major international search engines such as Yahoo and Google to curb their content and internet cafes are required to register the ID numbers of users and monitor sites visited. Deibert, R, 2006, ‘The Geopolitics of Asian Cyberspace’, Far East Economic Review, December, 2006 64 According Xia Qiang, director of the China Internet Project at the University of California, Berkley Journalism School, the most important result of all this is to make people aware that they are being watched, ensuring they play safe. ‘The best censorship’, he told Time magazine in 2005, ‘is self-censorship, and China relies on solid work by the secret police to make people censor themselves and keep the internet under control’.65 In general however, cultural output is not the target. More importantly, as the New York Times pointed out earlier this year, controlling the internet is a losing battle. China already has in excess of 13 million bloggers with thousand and thousands of new blogs being introduced each day. Shut one down and another pops up. 3.6.3.6 Censorship conclusion Censorship is a major obstacle to be negotiated in China. However it is not an identifiable set of solid black and white rules. This can make its existence more destructive, causing artists to second-guess what they write and self censor their words before they arrive on the page. All this muddying of the waters can cause international publishers to simplify the situation, over-exaggerating the rigorous nature of censorship, but underestimating its insidious role in infiltrating the very act of creativity and warping its output. A final caveat: when considering censorship in China two contextual situations need to be born in mind. The first is the note that needs to be attached to descriptions of all facets of Chinese life today – it is a moving target. The situation changes week to week and almost any in-depth look at an issue will be out of date by the time of its publication. The second context that needs to be noted is that the prism through which the West views censorship in China is also changing. While China is slowly moving away from censorship (mainly under duress from the market and from technology), the West, under the threat of terrorism and religious tensions, is moving towards it. Between 2002, the first year of the Reporters Without Borders’ Worldwide Press Freedom Index and 2005, the US slipped from 17th position to 53rd, France from 11th to 35th, Germany from 7th to 23rd and the UK from 21st to 27th. The line in the sand, both within and without China, is in a state of flux, uncertainty and negotiation and it requires a degree of subtly and appreciation of perspective to understand the mechanics of its true and corrosive effect on creative output and reception. 65 Forney, M, 2005, ‘China’s Web Watchers’, Time, 30 October 2005 Figure 28: Organisations involved in censorship in China Organisation General Administration of Press and Publication (GAPP) Authority and sphere of influence State Administration of Radio, Film & TV Legal authority to screen, censor and ban any print, electronic or internet publication in China Issuer of publishers’ licences without which a publisher (print or virtual) cannot operate Power to revoke licences and shut down wayward publishers Issuer of ISBNs, required for the legitimate publication of all individual titles in China. Controls the content of all radio, television, satellite and internet broadcasts in China. Ministry for the Information Industry Controls the licensing and registration of all ‘internet information services’ (‘internet content providers’). Promotes Chinese media to publicise China to the world, including introducing China's policies, stands, economic development, history and culture Registers news websites wishing to engage in news publishing operations Administers the operations of all sites engaging in posting news. Monitors content to ensure that China's publishers do not print anything that is inconsistent with the Communist Party's political beliefs Screens all books and articles on important topics Issues notices on unacceptable stories Trains journalists in acceptable ideological approaches to news topics. Responsible for filtering and monitoring the internet. State Council Information Office Central Propaganda Department Ministry of Public Security Customs Authorities State Secrecy Bureau Judiciary Can confiscate any publication that is ‘harmful to the government’. Designates what constitutes a state secret. Encourages self-censorship by passing sentences that names the relevant law, but not how it was violated or how realistic a threat actually existed. 3.7 Conclusions of the publishing sector overview The publishing industry in China is undergoing rapid, fundamental and, for many, traumatic change. As elsewhere, the key driver for change is China’s embracing of the market economy. This has resulted in a general loosening of control on economic activities, encouraging a new entrepreneurial spirit, the creation of a burgeoning middle class hungry for entertainment and the entry of China into the World Trade Organisation requiring it to open up its markets to foreign competition. A secondary driver, rising to the fore, is, as elsewhere, the rapid development of new technologies. Broad economic reform in the publishing sector has led to the withdrawal of government subsidies from publishers and authors, forcing them to encounter and adapt their practices and output to the new market pressures. Structural reform had also required a shift in the role of the government ‘from an operator to a regulator of cultural industry’.66 It has placed publishers under significant government pressure to transform themselves from government-owned and subsidised cultural institutions into independent cultural enterprises, with a government set target for all 572 state-owned publishers, with the exception of the People’s Publishing House in Beijing and the provincial People’s Publishing Houses, to have achieved this transition into business enterprises by the end of the decade. It has created an irresistible opportunity for second channel publishers, knowledgeable about, and with the skills and capacities to succeed in the market, hampered only by the continuation of the legal impediment. It has seen deregulation and competition in the retail and distribution sectors, resulting in the growing dominance of private retailers, the introduction of international players and a move to large superstores, branded retail chains and online shopping. It has created cultural and entertainment markets and a frustration with traditional outlets, encouraging the growth of online literature, both e-books and original writing sites, hastening the positioning of literature as a central content hub surrounded by multimedia outlet opportunities, including books in print, film, TV, games, cartoon adaptations, merchandising and advertising. It has placed constraints on the government’s ability to censor literary output and diminished consensus on acceptable limits, leading to a two steps forward one step back approach to control by the government, resulting in self-censorship for the more timid, a policy of sending in the canary for the cautious and a ‘never ask for permission, only for forgiveness afterwards’ attitude for the confident. Beijing Review, 2005, ‘New Chapter for Chinese Publishing’ 9 May 2005. Retrieved from www.bjreview.com.cn/En-2005/05-09-e/09-china.htm 66 These developments have had, and will continue to have, profound effects on China’s publishing industry and will, over the next few years, result in an industry and art with vastly changed characteristics and players. This requires those with an interest in Chinese literature and publishing constantly to reappraise the situation and ensure they are addressing the rapidly emerging structures and talents and not engaging exclusively with the hollowed out shells of the past regimes. Such diligence promises benefits, not only in terms of understanding the future shape of the publishing industry in China, but, importantly, in understanding its potential role as an important contributing architect of ours. 4 China: opening up & going global 4.1 Introduction In China, the import and export trade in books and copyrights has been subsumed into a much larger arena, positioned at the sharp edge of the Chinese government’s determination to launch their cultural product on the world stage. This determination is driven not only by their desire to build up their creative economy, necessary to compete internationally for talent, ideas and markets in the new knowledge economy and not only as an important contributor to their domestic economy, but, importantly, as a key tool in their soft power building. Culture, and literature in particular, has a new job description, roving ambassador for China’s cultural diplomacy. The problem for China is that so far this new ambassador is proving a reluctant traveller and the efforts to balance the flow increasingly shrill and worryingly shortterm. 4.2 Book import and export 4.2.1 Introduction Due to high differentials between currencies and overseas book prices, most books are brought into China via copyright licensing and translation rather than importation of copies. However, for some educational or specialised areas, such as computer manuals or scientific textbooks, foreign language learning and collectable items such as Harry Potter (in English), trade in finished product books occurs. As stipulated by The Regulations on Management of Publications importing and exporting books requires a special business licence in China and trade can only be done via approved agents of whom there are about forty. All are state-owned and are affiliated to large publishing corporations or to publication administrations. The largest is the China National Publications Import and Export (Group) Corporation (CNPIEC), based in Beijing with branches in six cities, including Shanghai, Xi’an and Guangzhou, as well a number of branches overseas, in New Jersey, London, Frankfurt, Moscow, Tokyo and Singapore. Other important organisations include the China International Book Trading Corporation, the China National Publishing Industry Trading Corporation, the Beijing publications Inport and Export Corporation and Shanghai Book Traders. 4.2 2 Book imports: volume and value Total book imports to China in 2005, running to just over four million copies, were valued at $41.97 million (RMB336.5 million – £23.2 million). This represents a 19% increase on the previous year’s unit total of 3.4 million copies, and an 8.44% increase on the 2004 value of $38.7 million (RMB310.2 million – £21.4 million). Imports in 2003 totalled 2.7 million copies, valued at $37 million (RMB296.6 million – £20.4 million).67 4.2.3 Book imports: sources and segmentation 4.2.3.1 Sources The UK is the largest source of book imports to China, ahead of the USA, by value. UK-US export and Chinese import figures show some discrepancy, with either the Chinese authorities undervaluing imports or the US/UK overvaluing them, but the trends and segmentation are clear and indicative. Figure 29: Book exports to China, UK and USA 2000–2005 by value Measurement 2000 2001 2002 2003 2004 2005 UK exports to China (millions) £4.7 £5.6 £8.2 £8.9 £11 £13.7 USA exports to China (millions) £6.1 £5.4 £5.9 £7.8 £9.2 £8.3 ($12.0) ($10.7) ($11.7) ($15.5) ($18.1) ($16.5) Source: UK Department of Trade & Industry; US Department of Commerce; ROE mid-rate 31/12 each year Exports to China from the UK, while representing only a small fraction of total UK Book exports, 1% in 2005, their highest to date, have risen over the past five years, showing a 191% increase between 2000 and 2005, compared to a much lesser rise of 20% in the UK’s total book exports. Publishing Today, 2006, ‘Chinese Publishing World Opportunities’ 27 August 2006. Retrieved from http://publishingtoday.com.cn 67 Figure 30: Growth of book exports to China from the UK 2000–2005 by value Measurement UK exports to China (millions) % increase % of total UK book exports 2000 2001 2002 2003 2004 2005 £4.7 £5.6 £8.2 £8.9 £11 £13.7 7 19 46 9 24 25 0.4 0.5 0.7 0.7 0.8 1.0 Source: UK Department of Trade & Industry; US Department of Commerce 4.2.3.2 Segmentation Not surprisingly the two largest categories of book imports to China are related to specialist and educational titles. The largest category of book imports is science and technology, including computer titles, which to-date has represented a significant segment, with the total category accounting for 43% of total import value, or a quarter of all individual titles and unit volume and valued in excess of $18 million (RMB144 million – £9.95 million). The second leading category is also related to education, with cultural and educational titles representing just over a quarter of unit imports and a further 17% by value, or $7.16 million (RMB57.4million – £3.96 million). Over 664,000 literature and art books, comprised of just over 90,000 individual titles, accounted for just over 16% of unit and title sales, and 11% of value at $4.7 million (RMB37.7 million – £2.6 million). Foreign language literature serves the large ex-pat community in China, sold via the foreign language and superstore retail outlets. It also supplies the university literature courses and language learners, as well as those who wish to read titles in their original language, either in principle or rather than wait for the Chinese translation, which may follow months or years later, if at all. Harry Potter’s English language imports, despite having a hefty price tag compared to the domestic editions, have caused queues around the block. Figure 31: China book imports 2005 Number of titles Total book imports Number Value % share % share % share of copies ($ millions) titles volume value (millions) 553,644 4.037 $41.97 -8.1 19.4 8.44 84,574 0.437 $5.78 15.3 10.8 13.8 133,687 1.105 $7.16 24.1 27.4 17.1 90,189 0.664 $4.70 16.3 16.5 11.2 141,835 1.027 $18.05 25.6 25.4 43.0 Children's 43,368 0.391 $2.11 7.8 9.7 5.0 General 59,991 0.412 $4.16 10.8 10.2 9.9 553,644 4.037 $41.97 100.0 100.0 100.0 % Change 2005/04 Philosophy & Social Science Cultural, Educational Literature, Art Natural Science & Technology Total Source: GAPP basic national press and publication in 2005 4.2.4 Book exports: volume and value In 2005 China exported 5,1768 million copies of books worth $29.21 million (RMB234 million – £16 million), representing a growth of 105% and 40.2% respectively compared to the same period the previous year. Measuring 2005 exports against imports, valued at $41.97 million (RMB336.4 million – £23 million), shows a trade deficit of $12.76 million (RMB102.3 million – £7.05 million).68 4.2.5 Book exports: destinations and segmentation 4.2.5.1 Destinations Traditionally the majority of sales go to countries with large Chinese-speaking populations (Singapore, Taiwan, Korea, etc), but increasingly the worldwide growth of Chinese language learning has spurred growth in Europe and North America. It is estimated that over 30 million people in the world are studying Chinese, including students at 2,500 universities teaching Chinese in 100 countries, with Chinese course books moving into primary schools in the US and in increasingly in the UK. This is a key driver for future exports. 68 Ibid Figure 32: China book exports 2005 Number of titles Total book exports Number Value % share % share % share of copies ($ millions) titles volume value (millions) 1,148,11 0 5.177 $29.21 % Change 2005/04 Philosophy & Social Science Cultural, Educational 37.3 10.5 40.12 290,405 1.139 $7.54 25.3 22.0 25.8 203,618 1.198 $5.58 17.7 23.2 19.1 Literature, Art 251,353 1.082 $5.85 21.9 20.9 20.0 Natural Science & Technology 210,375 0.745 $3.66 18.3 14.4 12.5 Children's 106,810 0.544 $1.24 9.3 10.5 4.2 85,549 0.458 $5.34 7.5 8.9 18.3 1,148,11 0 5.167 $29.21 100.0 100.0 100.0 General Total Source: GAPP basic national press and publication in 2005 4.2.5.2 Segmentation The largest export category, by value, was philosophy and social science (see figure 32), followed closely by literature and art. The other significant driver for exports in the future is likely to be linked to IT technology as e-books and international online sales, two priority areas for China, increase.