Revisiting the Right of Revocation in China: A Comparative Copyright Law Perspective (China, France and Belgium)

Abstract The value of a creative work is realized through its exploitation. However, in China, a persistent issue arises when works remain unexploited even after the conclusion of an exploitation contract. This lack of exploitation undermines the valorization of creative works. Chinese copyright law provides only limited protection in the domain of paper book publication (Art. 34, para. 3 of the Chinese Copyright Law). In other contexts, the exploiter does not have an obligation to exploit the work. In other words, the exploiter can hold the exploitation rights under the contract but not exploit the work. This situation is detrimental to the proper valorization of works and compromises their potential. In contrast, European legislators have recognized a similar issue. To address it, Art. 22 of European Directive 2019/790 introduces a general right of revocation, allowing authors to terminate exclusive exploitation contracts in cases of non-exploitation. France and Belgium have both transposed this right into their national legislation, serving as valuable inspirations for the establishment of a general right of revocation in China.