Copyright Administration gives in to musicians

July 13, 2012 | BY

clpstaff &clp articles

The National Copyright Administration has caved in to the demands of the musicians in its latest Draft to the Law, but key provisions on licensing and software are causing concern

On July 6, the National Copyright Administration released the second Draft of the controversial and widely discussed PRC Copyright Law (中华人民共和国著作权法).

When the first Draft came out at the end of March, musicians and producers criticised the changes for encouraging piracy and depriving copyright owners of revenue but other practitioners welcomed the move.

Going backwards

“The proposed Article 46 was a step in the right direction because it gave some degree of clarity on the implementation level on the rights to reproduce a song,” said Huang Song, of counsel at Jun He Law Offices in Shanghai.

Article 46 allowed any record producer to use someone else's work without having to obtain consent from the owner, provided the content has been published for more than three months.

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