Comments to the NPC on the Second Draft of the Amendments on the Copyright Law

2021-02-07 | Beijing, Shanghai

We are encouraged to see that a part of Article 4 and the entire Article 50 in the first draft, which would result in an undue limitation to the exercise of the exclusive rights by copyright owners, have been deleted in the second review draft.  The removal reflects that voices from the public are heard and carefully considered by lawmakers, which enhances our confidence to participate in the legislative process and witness the birth of an advanced Copyright Law fully adapted to a changing domestic and international environment. In addition, the second draft refines the audio and visual works in the first draft, divides them into film works, TV series works and other audio-visual works, and distinguishes these three different types of copyright, so as to solve the problem of how to classify new forms of works such as short videos in current practice.

At the same time, we notice a few alarming signs in the parts concerning the limitation of rights, notably under Article 24 and 25 of the second draft, which may affect the legitimate interests of the publishers widely accepted in market practice, and entails a risk of further broadening the boundary of exceptions beyond control. Therefore, we call for a further modification of these articles. Compared with the first draft, the second draft of the amendment also changes the definition of work from the original intellectual achievements in the fields of literature, art and science, which can be reproduced in some tangible form, to the intellectual achievements that are original and can be expressed in certain forms in the fields of literature, art and science, thus further expanding the scope of the definition of works and requiring cautious attitude. Besides, penalty for copyright infringement can be further strengthened.