Musicians lament draft Copyright Law
April 13, 2012 | BY
clpstaff &clp articles &In only two weeks, the proposed amendments to the PRC Copyright Law have caused uproar among musicians claiming that their livelihoods are under threat
At the end of March, China's National Copyright Administration released draft amendments to the PRC Copyright Law (中华人民共和国著作权法). China Daily quoted renowned songwriter Li Guangping writing on his Sina blog: “Dear musicians, we are done! Who will protect our rights? The draft is really ridiculous.”
Li was referring to Article 46, which states that, pursuant to Article 48, any record producer shall have the right to make a recording of musical works owned by another, without needing authorisation from the original owner, provided the content had been published for three months or longer.
This kind of statutory licensing means, in theory, that three months after a recording has been released, others can use it. Non-copyright owners will have to apply to the State Copyright Bureau, pay royalties to the owners through the Music Copyright Society of China and acknowledge the copyright owner.
However, it is important to consider the current version of the PRC Copyright Law, which according to Liu Ping, quoted in the same article has no time limit at all. “Those who want to rerecord the songs can do so on the day following its release."
The draft amendments enhance protection of copyright owners as they ensure that musicians will receive royalties for their music. The three-month time limit, however, is a concern as record companies can only assume control of the music for such a short period.
A compromise of at least six months, but perhaps as long as a year could be a positive way forward for policy makers and musicians. This would allow sufficient time for the song to become well known and for record companies to benefit from their exclusive copyright ownership.
It is important to remember that this is the first draft of what could be multiple drafts. The PRC Trademark Law (中华人民共和国商标法)is now under its third review and has been under review since 2005. Only time will tell how the amendments to the Copyright Law will span out, but China is changing and it is important that the policy makers listen to the needs of copyright owners and users.
The May edition of China Law & Practice magazine will contain an opinion article, looking at the proposed changes in more detail.
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