Copyright draft amendment outrages songwriters

(Ecns.cn) -- On March 31, the National Copyright Administration (NCA) publicized a draft amendment to China's Copyright Law on its Web site to solicit public opinions and constructive feedback. The draft has since aroused great controversy among Chinese songwriters and musicians for allowing sound recordings to be used by others without the owner's permission, reports the 21st Century Business Herald.

According to Article 46 of the draft, any record producer who acts pursuant to Article 48 shall have the right to make recordings of musical works owned by another without authorization from the copyright owner, as long as the content has been published for three months or longer.

Article 48 stipulates that individuals or corporations who use a copyright owner's work must apply with the State Copyright Bureau, clearly state the name of the copyright owner and pay remuneration via the Music Copyright Society of China within one month of use.

Industry displeased

Although the original intention of the draft was to show a motivation to keep pace with economic globalization and social development, the efforts to revise the Copyright Law have been poorly received.

Famous artists such as Gao Xiaosong, Song Ke and Wang Feng have all expressed strong concern and questioned the suitability and cogency of the draft, focusing mainly on Articles 46 and 48.

On his Sina microblog, Chinese songwriter, music producer and singer Gao Xiaosong said Article 46 will definitely harm the interests of original music producers.

Gao noted that a new song may not become widely known within three months, and getting a song heard and appreciated by others is completely different from a song that has been around for years.

If the new amendment allows any non-copyright owner to utilize and reproduce a new album by an original music producer without permission, it will encourage Internet copyright infringement, added Gao.

Record company bosses are even more concerned. Zhou Yaping, CEO of Beijing New Run Entertainment Co., Ltd, said that if Articles 46 and 48 pass, record companies would not invest in large advertising fees, and support for original musical works would be negatively impacted.

Liu Siqi, general manager of Starwin Cultural Communication Co., Ltd, complained that the draft amendment means record companies will lose exclusive rights to their hit records three months after release, yet those rights are essential for the companies to survive.

Worries over usage fees

Though copyright experts (who believe copyright systems should balance the public interest against the private rights of those who control copyrighted materials) believe the three-month clause in Article 46 is good for music producers, the music producers and songwriters worry that their earnings could be stolen by other organizations.

Some have even accused the Music Copyright Society of China of attempting to steal the interests that should belong to the writers of the songs, since Article 48 stipulates that users must submit usage fees to a collective of copyright organizations, even though the names of the organizations are not explicitly mentioned.

If Article 48 passes, collective administration organizations and songwriters will be forced into a trusting relationship, but individuals are concerned about the possible abuse of power by the organizations, according to Liu Xin, vice president of Ocean Butterflies International Pte Ltd (Beijing).

This relationship should be established on a voluntary basis, and the operation must be carried out in an open and transparent way, commented Liu.

Last year, the theme song of a very popular Chinese TV series called Bu Bu Jing Xin (Scarlet Heart) won unexpected awards and acclaim, but the songwriter Yan Yidan only received about 300 yuan (US$47.5) from the collective of copyright organizations, noted the 21st Century Business Herald.

However, the song has been performed and reproduced by many non-copyright owners, and no one knows where the earnings have gone, added Liu.

Opposing voices

Qin Hua, a lawyer specializing in intellectual property at the Beijing-based Jiahe Law Firm, told China Daily that copyright ownership is a private right, and that authorities can't allow anyone to use it without permission from the owner.

But even though copyright owners can claim that their works must not be used without permission according to the existing law, that law has little power of enforcement, said Liu Ping, head of the law department of the copyright society.

On his Sina microblog, Gao Xiaosong said he would demand that relevant authorities correct the draft at a music award ceremony on Sunday, where he is president of the award panel.