1709 Blog: for all the copyright community

Monday, 25 August 2014

Copyright law reform: China asks for public comments

[I didn't spot that Ben had posted on this item over the weekend. However, since its subject matter is quite important, I decided to leave this post up in the hope that more people will spot it and make their comments known ...] A note by US-based law firm Greenberg Traurig LLP in the National Law Review, descriptively titled "China Solicits Public Comments on Copyright Law (Draft Revision for Review)", explains that on 6 June the Legislative Affairs Office of China's State Council circulated a draft revision of the Copyright Law of the People’s Republic of China for public comments. The main changes are said to be the following:
"Private Agreement on Copyright Ownership. The modifications in the Draft Revision reflect that in certain cases, parties involved may privately agree on the copyright ownership of the work created. For example, copyright ownership in the work created by an employee in the course of his/her employment may be decided by the employer and employee.

Collective Administration of Copyright. The current Copyright Law only contains one general article (i.e., Article 8) which provides that (i) copyright owners and owners of related rights may authorize a copyright collective administration organization (the Administration Organization) to exercise their copyright or related rights; and (ii) the Administration Organization may, upon authorization, claim the rights for the copyright owner or owners of related rights in its own name, and act as a party in litigations or arbitrations involving the copyright or related rights. The Draft Revision includes a separate chapter to set forth in detail (among other things) the nature, rights and duties of the Administration Organization, as well as the competent authority regulating the activities of the Administration Organization.

Calculation of Damages Resulting from Infringement. The current Copyright Law provides that the infringer of a copyright should pay damages based on the actual loss of the right holder. The Draft Revision proposes to introduce the flexibility for the copyright owner to claim damages based on different measures at his/her option. Possible measures include actual losses, the illegal income gained by the infringer, or a specific amount below RMB 1 million".
If any reader has further information about this draft law and how to comment on it, can he or she please post it as a comment below?

Ben posted on prospective reforms in China back in April 2012, here while Iona wrote about the introduction of registration in China in August of the same year.

Thank you, Chris Torrero, for this link.

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