Musicians lament draft Copyright Law
April 13, 2012 | BY
clpstaff &clp articlesIn 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.
This premium content is reserved for
China Law & Practice Subscribers.
A Premium Subscription Provides:
- A database of over 3,000 essential documents including key PRC legislation translated into English
- A choice of newsletters to alert you to changes affecting your business including sector specific updates
- Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
Already a subscriber? Log In Now