The Copyright Administration of Chongqing
and the Chongqing University of Posts and Telecommunication have announced their
new online copyright registration system which has been developed for use in
China. Although a copyright registrations system already exists in China this
new system, which is called DCAS, will enable authors to register copyright
applications from home, and will enable the registration of incomplete works.
"In the past, an author couldn't
apply for a copyright until the entire work was completed," said
Xiong Zhihai, dean of the School of Law at the university and leading
researcher of the system. "But it might leak out beforehand and be
pirated, and the author may not be able to prove that he is the actual
creator," he said.
The DCAS system allows authors to
register incomplete works by creating a record and uploading however much of the
work as has been completed. The author is then provided with a reservation
certificate, detailing the time of registration.
The Future
of Copyright has said that implementing a registration system in Europe
could simplify the burden of proof in future copyright disputes and would
therefore be beneficial to European countries. Generally however, European
copyright disputes do not tend to turn on whether the claimant owns copyright
in his work, or when the work was created, but on whether the defendant's
behaviour is infringing.
Xiong Zhihai explained that "Even if
the author writes only one paragraph, or just a title, he can upload it to the
DCAS for the system to generate a record. If disputes happen in the future,
that record can be used as evidence to claim the copyright."
In the UK the question would be whether "one
paragraph, or just a title" is sufficiently original as to qualify as a work
in its own right, or as the substantial part of a larger work. If so, the work
would be protected irrespective of the fact that it forms part of a larger as
yet incomplete work.
On that basis the DCAS system doesn't sound
particularly exciting from a UK point of view, however it is interesting to see
how different countries are trying to tackle copyright issues, and will be more
interesting yet to see whether the DCAS system is widely used in practice.
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