After a long review, latest draft of new copyright law
Hao Nan ( China Daily)
third version of a draft amendment to the copyright law is finally complete
after long public review and repeated discussions among experts, according
the National Copyright Administration.
"We
are now working on the legislative explanation for the draft amendment and will
submit it to the State Council by the end of the year," said Wang Ziqiang
director of the NCA's legal affairs department.
If
approved, the draft will be presented to the National People's Congress
Standing Committee, China's top legislature, for consideration, Wang noted.
According
to the copyright official, the draft has 90 clauses, 29 more than the existing
law, and more protection for copyright holders.
He
said major changes include protection of artists' rights to profit from
resale of their works and more avenues for statutory compensation to copyright
owners.
New
measures in the draft also include punitive compensation for copyright
violations and increased monetary awards.
scope of presumption of fault has also been expanded.
draft also has a clause mandating so-called statutory licensing that sets a
standard fee and permits use of a work without seeking the copyright holder's
prior consent.
"It
is a restriction on copyright holders to satisfy the demands of the public for artistic
works. It promotes information dissemination, but needs improvement in
remuneration protection for the copyright holders," said Zhang Hongbo
secretary-general of China Written Works Copyright Society.
draft mandates formation of a copyright management administration to collect
fees even if copyright holder cannot be found.
It
also references the country's other intellectual property laws and copyright
laws in other countries and regions.
first version of the draft was published in March to seek public feedback.
administration received more than 1,600 suggestions from government sectors
courts, the music industry, website operators and software companies.
second version was published four months later.
Wang
said many suggestions have been adopted in the third version, but drafters were
careful to avoid bias.
Reasonable
suggestions that were not adopted in the draft will also be given to the State
Council along with the draft, he said.
Source: CHINA DAILY
Date: November 07, 2012
