Copyright and Intangible Cultural Heritages in China: Conflict, Compatibility, and Coexistence

The Chinese Intangible Cultural Heritages (ICH) Law was passed in 2011, followed by the Regulation on Copyright Protection of Folk Literature and Art Works (Draft calling for comments) released in 2014, which finally called for opinions from experts and practitioners again in 2024. This article examines the challenges in directly applying copyright law to protect ICHs in Mainland China, emphasising the fundamental differences in the rationales of ICHs and copyright, despite partial overlap in their subject matters. Although copyright is not suitable for directly safeguarding ICHs, it can play a constructive role in protecting derivative works and creative expressions embodying ICHs. When granting copyright to the creations, certain limitations should be imposed on the exercise of these rights, particularly respecting the local communities and avoiding distorting the original cultural expressions of the ICHs. Such a design could benefit the preservation of Chinese ICHs and also promote the exchange of culture. It also provides a reference to other nations to avoid directly transplanting copyright law onto ICH protection without adaptation. In light of recent international developments, the findings contribute to comparative and cross-border debates on international collaborations, fair remuneration and benefit-sharing, supporting more equitable and sustainable global preservation of ICHs.