This chapter presents a comprehensive regulatory framework aimed at balancing creative expression and societal well-being. It first provides a historical overview of the administrative regulation mechanism for copyrighted works, including the origins of governmental censorship and copyright, the historical debate on governmental censorship of copyrighted works and the history of the legal basis for China’s copyright administrative regulatory system. Next, it explores the inadequacy of the current administrative regulation mechanism for VGs in China, including the content censorship system and the quasi-content rating system, from both theoretical and practical perspectives. The chapter proceeds to examine the regulation mechanisms for VGs in other jurisdictions—those in North America, the EU, Germany, Japan and South Korea. It then proposes a new administrative regulation mechanism for the VG industry in China in three parts: establishing a new rating system, improving the censorship system and enacting a new gaming law. Implementing this new regulation mechanism would help resolve the conflict between incentivizing creation and protecting public interests to promote the sustainable development of the VG industry.

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Balancing Creative Expression and Societal Well-Being: A Comprehensive Regulatory Framework for the Chinese Video Game Industry

  • Zhaoxia Deng

摘要

This chapter presents a comprehensive regulatory framework aimed at balancing creative expression and societal well-being. It first provides a historical overview of the administrative regulation mechanism for copyrighted works, including the origins of governmental censorship and copyright, the historical debate on governmental censorship of copyrighted works and the history of the legal basis for China’s copyright administrative regulatory system. Next, it explores the inadequacy of the current administrative regulation mechanism for VGs in China, including the content censorship system and the quasi-content rating system, from both theoretical and practical perspectives. The chapter proceeds to examine the regulation mechanisms for VGs in other jurisdictions—those in North America, the EU, Germany, Japan and South Korea. It then proposes a new administrative regulation mechanism for the VG industry in China in three parts: establishing a new rating system, improving the censorship system and enacting a new gaming law. Implementing this new regulation mechanism would help resolve the conflict between incentivizing creation and protecting public interests to promote the sustainable development of the VG industry.