What are the main issues involved in the revision of the Copyright Law
1. About copyright content
This revision further simplifies the content of rights, clarifies the boundaries of rights, and reduces the intersection of rights. From the perspective of overlapping, the following adjustments have been made to the copyright content: (1) With reference to the legislative practices of most countries and regions in the world, screening rights are canceled and merged into performance rights; (2) Taking into account the original draft’s provisions on broadcasting rights and information networks The setting of the right of communication is based on the communication medium rather than the mode of communication. It cannot fully comply with the current situation and trend of scientific and technological development, especially the "three-network integration". Therefore, the right of broadcasting is applicable to non-interactive communication, and the right of information network communication is applicable to interactive mode of dissemination to solve problems such as scheduled broadcasts, online live broadcasts, and rebroadcasts in practice; (3) Considering that the draft incorporates the right to modify into the right to protect the integrity of the work and adds the right to modify computer programs to the property rights part, the computer program will be The right of modification is merged into the right of adaptation to avoid confusion and misunderstanding; (4) Considering that the right of resale is essentially the right to receive remuneration, the right of resale is included in a separate provision (Article 12), with reference to other countries in the world and Regional legislation increases operability and limits the scope of resale rights to resales through auctions.
2. About audiovisual works
This revision has been adjusted from the following three aspects: (1) Based on The actual situation of the industry, and referring to the legislative practice of major countries and regions in the world, change the ownership of the overall copyright of audio-visual works from the provisions that can be agreed in the original draft back to the provisions directly assigned to the producer in the current law; (2) clearly stipulate that the author of the original work Have the right to authorize audio-visual works; (3) clearly stipulate that five categories of authors, including original authors, screenwriters, directors, and songwriters, have the "secondary right to remuneration" for the subsequent use of audio-visual works.
3. Art works about the uniqueness of the carrier
In order to respond to social calls and solve practical problems, this time The amendment adds a provision to Article 20, which on the one hand limits the factual disposition of the owner of the original, and on the other hand clearly stipulates its application - only applicable to artistic works with unique carriers displayed in public places. In addition, if If the parties agree otherwise, such agreement shall prevail.
4. About "Orphan Works"
This revision is based on the draft and draws on the opinions and opinions from all walks of life. It is recommended that the scope of application of "orphan works" be clarified to include situations where newspapers and periodicals copy works in digital form that have been published in newspapers and periodicals, and when other users copy works in digital form or disseminate the works to the public through information networks. At the same time, the agency for collecting and depositing fees will be changed from the copyright administrative department of the State Council to an agency designated by the copyright administrative department of the State Council.
5. AboutJob performance
Taking into account the urgent needs to be solved in practice Regarding the relationship between performers and performance units, this revision refers to the regulations on professional works and adds new regulations on professional performances in Article 35. The ownership of rights in job performances shall be agreed by the parties. If the parties have not agreed or the agreement is unclear, the rights shall belong to the performer. However, for collective professional performances, such as drama performances in theaters, opera performances by troupes, or chorus performances, the rights belong to the performance unit. At the same time, in order to ensure the rights of performance units, this modification also gives performance units the right to use performances free of charge within their business scope.
The above are the main aspects of the revision of the Copyright Law. It can be seen that the Internet society has provided new ideas for copyright, and copyright law should also be revised with the advancement of the times, so as to effectively protect the legitimate rights and interests of citizens. If you still have questions about this, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
