On June 6, the Legislative Affairs Office of the State Council announced the People's Republic of China Copyright Law (draft for revision) submitted by the State Copyright Bureau (hereinafter referred to as the Draft) and its amendments, seeking public opinion from all sectors of society.
The Amendment describes that the Draft revises Clause 61 of Chapter 6 of the existing Copyright Law to Clause 90 of Chapter 8, with the contents revised in four aspects: integrating rights system, adjusting authorization mechanism and market trading rules, improving remedy measures and improving the text structure of the law.
It is reported that in order to change the current predicament where it is hard for a copyright holder to protect his rights and for a user to get license of works, this revision emphasizes the consistency of protecting the rights of the copyright holders and promoting widespread of works, establishing scientific, rational and standardized copyright authorization mechanism and transaction rules. To this end, the Draft adds requirements for registration of copyright and related rights, as well as rights registration in the contracting process of exclusive license contract and transfer contract. Meanwhile, for the particular occasion that the copyright holder cannot be found but its works shall still be used, the Draft adds the relevant provisions, which allow users to use works in digital form after applying to the relevant agencies and depositing fees for use. To make full use of collective management system of copyright, the Draft adds that the copyright collective management organization can carry out extended collective management of public dissemination of released music or audiovisual works by self-VOD system and other use of the work, which strengthens social oversight and government regulation of copyright collective management organizations.