Legal person: Use limited to "making sound recordings"

Absrtact: South du comic Zhang Jianhui March 31, the State Copyright administration issued a notice on the copyright law of the People's Republic of China (revised draft) for comments. 46th of the bill stipulates that, 3 months after the first publication of a recorded product, other producers may, without the permission of the copyright owner,

South du comic Zhang Jianhui

March 31, the State Copyright administration issued a notice on the copyright law of the People's Republic of China (revised draft) for comments. 46th of the bill stipulates that, 3 months after the first publication of a recorded product, other producers may make recordings without the permission of the copyright owner. The clause yesterday sparked almost one-sided opposition in the music industry.

The music industry: "Naked encouragement of internet piracy"

Among them, the 46th cause of the rebound is particularly fierce. Yesterday afternoon, the famous music industry, including Gao, Feng and Li Guangping, questioned the rule as "naked encouragement of internet piracy". Some netizens jokingly said that if the passage, the mainland will enter the "Age of the singing."

In this regard, the copyright Department of the National Copyright Administration said that the provisions in the copyright protection is actually more stringent than the original, "online musicians and a lot of netizens ' opinions are reasonable and further discussion."

The official pointed out that article 48th of the draft already provided for how the copyright owner was paid. This article stipulates that the use of works without permission, in addition to the record to the copyright administration, marking the author and the work of information, but also within one months according to the standard to the copyright collective management organization to pay royalties, and then transferred to the rights of the Organization to pay the person.

But the music industry is generally concerned about the mechanism. The musician Li Guangping "The Rising Sun masculine" to sing the Feng "spring" as an example said: "Spring" Fire? Feng published three months later, (if) I press 48 to the sound of the association to pay the money to sing, I also fire, Feng what reasoning go?

Legal person: Use limited to "making sound recordings"

Compared with the music industry of collective indignation, the views of law-writers on article 46th are not entirely negative. Zhang Jiasong, an intellectual property lawyer who is concerned about the matter, believes the draft is not fully understood. He cautioned that the 46th article was legally licensed to the recording products, but the music works themselves do not have legal permission. "That is to say, only when you record a record, you can use this, if you want to play in the TV, public performance, the Internet to go up, use this song is not, can only be used in recording products." ”

Zhang Jiasong also pointed out that no one is concerned about the 35th article stipulates: The recording producer has four rights, may permit others to record, the distribution, the network dissemination, rents. "This permission is two-way, I can give others the right to use, others must obtain my permission to use." ”

Tao Xinliang, vice president of the Intellectual Property Law Association of China Law Society, pointed out that the 46th article will be "legal recording" to "first publication", plus a 3-month period, the protection of rights and interests of people in fact more stringent. The reason why the music industry questioned, because the deletion of the "copyright owner's declaration is not allowed to use" content. This sentence should be retained in the draft Tao Xinliang proposal.

Dispute clause

46th a recording product is first published 3 months later, other recording producers may, in accordance with the conditions stipulated in article 48th of this Law, use their musical works to make recording products without the permission of the copyright owner.

48th under the provisions of articles 44th, 45th, 46th and 47th of this law, the use of published works without the permission of the copyright owner must meet the following conditions:

(a) apply to the Copyright Administration Department of the State Council for filing before use; (b) Specify the name of the author, the title of the work and the source of the work in use, and (c) pay the use fee to the copyright collective management organization within one months after use, and submit the work name, The author's name and the source of the work.

If the user applies for a legal license, the Copyright Administration Department of the State Council shall announce the record information on its official website.

The Copyright Collective Management organization shall transfer the user fee mentioned in the first paragraph to the relevant obligee in time and establish a system for the use of the works for the right person to inquire about the use of the work and the payment of the usage fee.

@ Gao: To introduce the essence of this new law: a new song in three months is difficult to be household names, at this time can not be licensed by the copyright owners to turn the ripping, and a song red for several years you go to the singing ripping is completely different, which is a stark encouragement to internet piracy. The most curious thing is that the new law only writes "recording products", why not include the movie TV series? If all intellectual property rights are protected for only 3 months, we are willing to devote ourselves together.

The new law obviously favors the internet, followed by a government-backed collective management power, serious damage to the creator's personal rights and interests, for the vampire profit, contrary to the Party Central Committee vigorously develop the cultural industry principles, the industry is outraged!

@ Li Guangping: unite to modify 46, otherwise can not survive! Don't tell me misreading, I also understand the meaning of 48: The current 46 is conducive to the so-called music copyright collective Management Organization "sound Association" management and charge fees! Although we are also members of the Music Association, I am also firmly opposed to the 46-bar approach!