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China mulls amending copyright law

Xinhua, April 25, 2012

• The current law provides that the right holders may ban such use by explicit statement. However, such provision was removed in the draft amendment. Music authors are worried the change will permit use of their work against their will, which may impair song writers' enthusiasm hence undermining China's music industry.

  Another concern Chinese musicians have about the draft is the overreaching of the country's copyright collective management organizations.

  The draft provided that certain copyright collective management organizations may apply to represent all copyright holders nationwide unless specific right holders voice their objections.

  However, the music writers fear they would be put at the mercy of such organizations if the bodies are granted monopoly advantages.

  "The copyright collective management system, though not very familiar to Chinese people, has been in existence for over 100 years in the world and has proven necessary," Yan said.

  The difficulty in China is how to make best use of the system, he added.

  "For example, the Music Copyright Society of China currently has a membership of over 5,000 music and lyrics writers, and the problem is whether it is entitled to represent other musicians," according to the official.

  Yan said some collective management organizations are also reluctant to reach for too many members to represent.

  Also, the authorities will welcome and keep open-minded to all kinds of opinions about the law amendment, he promised.

  The public is invited to give feedback on the draft before April 30 via fax, Email or letters.

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