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Partnering with your Pirate: Interdependent Sino-foreign rivalry in China's textbook market
Published online by Cambridge University Press: 10 October 2019
Abstract
As the Qing state launched its full-scale educational reform at the turn of the twentieth century, tens of thousands of new schools mushroomed all over China. Their urgent and enormous demand for textbooks created a thriving new market that attracted both Chinese and foreign publishing firms. Nurtured in China's traditional book trade, Chinese print capitalists had local knowledge of distribution networks and cultural politics, but not a real command of producing educational Western knowledge. To keep up with Chinese students’ increasing demand for Western knowledge, they pirated textbooks published by foreign companies. Meanwhile, leading American and British publishing corporations were expanding their international business by targeting developing countries that had recently established a modern general education system, like China. Drawing from government and company archives, as well as personal papers and legal documents, this article traces the multinational competition, copyright disputes, and business collaborations between a leading textbook provider in China and their Anglo-American competitors between the 1900s and the 1930s. It illustrates an unexpected and uneasy partnership some foreign publishers formed with Chinese pirates in order to gain better access to China's textbook market. Chinese publishers, on the other hand, used piracy and their local knowledge to bargain for better import credit and deals with their foreign rivals. Both sides were dependent on each other to gain the advantage in their transnational business operations in the globalizing Asian textbook business.
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References
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40 ‘J. Paul Jameson, American Assessor, Shanghai’, NACP. Thanks to the infighting between Jameson and Wilder, detailed records, documentation, and evidence in this case were sent by Jameson to the Peking Legation and then archived by the Department of States. Although the archives of the International Mixed Court at Shanghai were lost during the war, the records kept by Jameson and the Shanghai Booksellers’ Trade Association enable us to reconstruct the case.
41 ‘Memorandum, Office of the Solicitor, Department of State, to Far Eastern Division’, 8 August 1911; 893.544-G43; Box 10237; DF 1910–1929; RG 59; NACP.
42 Ibid.; ‘Knox to Amos P. Wilder’, 31 August 1911; 893.544-G43; Box 10237; DF 1910–1929; RG 59; NACP. ‘Waiwubu zhi Shanghai dao han’ [Letter from the Ministry of Foreign Affairs to Shanghai Daotai], 9 September 1911; ‘Shanghai dao zhi Shangwu Yinshuguan xin’ [Letter from Shanghai Daotai to Commercial Press], 11 September 1911; ‘Shanghai dao zhi Shangwu Yinshuguan xin’ [Letter from Shanghai Daotai to the Commercial Press], 12 October 1911, all in SMA, S313-1-138.
43 For example, Mingshan, Li (ed.) Zhongguo jindai banquan shi [Modern History of Copyright in China], Henan daxue chubanshe, Kaifeng, 2003, pp. 149–155Google Scholar; Yufeng, Li, Qiangkou xia de falü: Zhongguo banquan shi yanjiu [Learning the Law at Gunpoint: A Study of the History of Copyright in China], Zhishi chanquan chubanshe, Beijing, 2010Google Scholar; Wu Lin-Chun, ‘Qingmo Minchu Zhong-Mei banquan zhi zheng’, pp. 97–136.
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48 ‘Amos P. Wilder, American Consul-General’, NACP.
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50 ‘George A. Plimpton to Lewis Parkhurst, Boston Office’, 16 August 1911, and ‘Evelyn W. Hughan to Lewis Parkhurst’, 6 October 1911, both in George A. Plimpton Papers; Box 22 Folder 14; CUL.
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54 For example, Nathaniel Gist Gee, an American biologist who taught at universities in China for decades, helped Ginn and Co. to adapt several textbooks and advised Plimpton on how to best approach the Chinese book market. See ‘Evelyn W. Hughan to George A. Plimpton’, 21 September 1915; George A. Plimpton Papers; Box 27 Folder 8; CUL. ‘Evelyn W. Hughan to Gist Gee’, 26 July 1916, and ‘George A. Plimpton to Gist Gee’, 27 January 1916, both George A. Plimpton Papers; Box 26 Folder 13; CUL.
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59 For a history of the Shanghai Booksellers’ Guild and their copyright regime, see Fei-Hsien Wang, ‘Creating New Order in the Knowledge Economy: The Curious Journey of “Copyright” in China, 1868–1937’, PhD thesis, University of Chicago, 2012, Chapters 5 and 6.
60 ‘The International Publishers’ Association: Prospectus’, 03-43-013-04-006; Waijiao bu Dangan [Ministry of Foreign Affairs Archives], Institute of Modern History, Academia Sinica, Taipei [MFA hereafter].
61 ‘A Synopsis of the Work of the Association’, 03-43-013-04-006, MFA.
62 Ibid.
63 Ibid.
64 ‘Shanghai Shuye Shanghui huitong bing yi jian: waiguo shushang yaoqiu xiangyou banquan fanghai jiaoyu gongshang qiantu kenqing boju yo’ [Petition from the Shanghai Bookseller's Trade Association Directorates: Foreign Booksellers’ Request for Copyright Protection is Harmful to the Future of Education and Commerce, Please Reject their Request], 27 July 1914, 03-43-013-04-001, MFA.
65 ‘J. J. Evans to George A. Plimpton’, 7 September 1916; George A. Plimpton Papers; Box 27 Folder 13; CUL.
66 Zhang Yuanji, Zhang Yuanji riji [Zhang Yuanji Diary], Hebei jiaoyu chubanshe, Shi jiazhuang, 2001, pp. 80, 85, 87, 90, 114,117, 120–121, 150.
67 Ibid., pp. 247, 252, 260, 296, 306, 356.
68 ‘George A. Plimpton to J. J. Evans’, 9 April 1918; George A. Plimpton Papers; Box 13 Folder 8; CUL.
69 ‘British Chamber of Commerce to Messrs. Macmillan and Co. Ltd.’, 23 May 1918, MS 55271, British Library, pp. 87–89.
70 It seems that Macmillan and Co. and Commercial Press reached an agreement during this period, and Commercial Press agreed to give up pirating their books in exchange for a better discount for the books they imported from Macmillan. However, I am yet to locate the actual documentation of this agreement.
71 Zhang Yuanji, Zhang Yuanji riji, p. 252.
72 Ibid., p. 306.
73 Ibid., p. 662.
74 ‘Shanghai Shangwu Yinshuguan cheng yi jian yangshang meng qing banquan kenqi juyue bo ju you’ [Shanghai Commercial Press Petition: Please Dismiss Foreign Merchants’ Equivocating Request for Copyright Protection], April 1919, 03-43-014-02-001, MFA; ‘Shanghai Shuye shanghui cheng yi jian yangshang meng qing banquan kenqi juyue bo ju you’ [Shanghai Booksellers’ Trade Association petition: Please Dismiss Foreign Merchants’ Equivocating Request for Copyright Protection], April 1919, 03-43-014-02-002, MFA.
75 Liu Hecheng, ‘Shangwu Yinshuguan falü guwen Ding Rong’, p. 90.
76 ‘Shanghai Shangwu Yinshuguan cheng yi jian yangshang meng qing banquan kenqi juyue bo ju you’, MFA. ‘Shanghai Shuye shanghui cheng yi jian yangshang meng qing banquan kenqi juyue bo ju you’, MFA.
77 Zhang Yuanji, Zhang Yuanji riji, pp. 752, 763, 798, 799–803.
78 ‘J. J. Evans to George A. Plimpton’, 20 September 1919; George A. Plimpton Papers; Box 13 Folder 8; CUL.
79 ‘George A. Plimpton to Hugo Miller’, 15 November 1919; George A. Plimpton Papers; Box 13 Folder 8; CUL.
80 ‘Gist Gee to George A. Plimpton’, 26 January 1916; ‘George A. Plimpton to Gist Gee’, 29 January 1916; ‘Evelyn W. Hughan to Edward Evans cc. Plimpton’, 26 July 1916; all in George A. Plimpton Papers; Box 27 Folder 13; CUL.
81 ‘George A. Plimpton to the Members of the Firm of Ginn and Company’, CUL.
82 Due to the increasing infighting between Zhang Yuanji and Gao Fengchi, the firm's co-founder and general manager, over personnel matters, he resigned the post in mid-1920, but remained as the key figure in Commercial Press deciding major business deals and publishing projects.
83 Francis Taylor Pearsons Plimpton, ‘China Journal’, Plimpton Family Papers; Series II writings, 1913–1992; Box 15 Folder 6; CUL, p. 59. Francis Plimpton was a college student at the time; he kept a travel diary and left a detailed journal of his trip to the Far East.
84 Zhang Yuanji, Zhang Yuanji riji, pp. 962–964. F. Plimpton, ‘China Journal’, CUL, pp. 59–60, 63–64, 68–69, 84.
85 F. Plimpton, ‘China Journal’, CUL, p. 85.
86 ‘George A. Plimpton to the Members of the Firm of Ginn and Company’, CUL.
87 F. Plimpton, ‘China Journal’, CUL, pp. 90–91. Zhang Yuanji, Zhang Yuanji riji, p. 965.
88 F. Plimpton, ‘China Journal’, CUL, p. 69.
89 ‘George A. Plimpton to the Members of the Firm of Ginn and Company’, CUL.
90 Zhang Yuanji, Zhang Yuanji riji, pp. 968–969.
91 Ibid., p. 969.
92 ‘George A. Plimpton to the Members of the Firm of Ginn and Company’, CUL.
93 ‘Chang Yuanji to George A. Plimpton’, 7 April, 21 April, and 24 April 1920; George A. Plimpton Papers; Box 13 Folder 8; CUL.
94 ‘Chang Yuanji to George A. Plimpton’, 21 April 1920, CUL.
95 ‘George A. Plimpton to the Members of the Firm of Ginn and Company’, CUL.
96 ‘Chang Yuanji to George A. Plimpton’, 21 April 1920, CUL; Zhang Yuanji, Zhang Yuanji riji, p. 977.
97 ‘Tougoo C. Woo [Wu Dongchu] to George A. Plimpton’, 9 July 1920; George A. Plimpton Papers; Box 13 Folder 8; CUL. ‘Tonzoo C. Woo to George A. Plimpton’, 18 July 1920, and ‘George A. Plimpton to Woo’, 1 September 1920, both in George A. Plimpton Papers; Box 29 Folder 2; CUL.
98 ‘Chang Yuanji to George A. Plimpton’, 28 October 1921; George A. Plimpton Papers; Box 13 Folder 8; CUL.
99 For example, Alford, To Steal a Book, pp. 30–55.
100 Cochran, Encountering Chinese Networks.
101 For example, a similar deal was reached between Commercial Press and MacMillan and Co.
102 ‘Chinese are Stealing Our School Books’, Boston Global Sunday Magazine, 16 November 1924, pp. 15–16.
103 ‘A. L. Priddy to George A. Plimpton’, 12 December 1924; George A. Plimpton Papers; Box 30 Folder 28; CUL.
104 Qiaodan Sportswear Co. is a Chinese firm that uses the Chinese transliteration of Jordan as its brand. Michael Jordan and Qiaodan have been suing each other for trademark infringements since 2012. During the years of lawsuits, the local Chinese courts have ruled several times in favour of Qiaodan, despite Jordan's global fame and recognition.