Draft copyright law enrages China's music industry

 　　BEIJING, April 11 (Xinhua) -- Chinese music writers are enraged¹ over a draft amendment² to the copyright law as they believe it would diminish their professional rights if passed.

　　However, legal experts suggest the writers misunderstand the draft and are overreacting.

　　The National Copyright Administration published the draft amendment at its website on March 31 to seek public feedback.

　　Article 46 of the draft stipulates³ that sound recording⁴ producers may use a music work from another record product, which has already been published for more than three months, in their own records without having to obtain the consent from the music copyright holder⁵, as long as they report to relevant government authorities and pay fair compensation.

　　Moreover, the draft provides that if the copyright holder does not state otherwise, the royalty⁶ for such use will be collected through copyright collective management organizations.

　　"The draft is a possible deprivation⁷ of music writers' copyright interests as well as our rights to dispose our own properties," Gao Xiaosong, a famous music writer, wrote on Sina Weibo, a popular Chinese microblogging site on Wednesday.

　　Gao also posted online a petition signed by more than 20 popular music writers and singers, including Xiao Ke, Zhang Chu, Han Geng and Sandee Chan, urging authorities to revise relevant provisions in the draft.

　　"Music writers' creations are put at the mercy of others and they don't even have the right to price their works. If the provisions were passed, that would undermine the music writers' enthusiasm and even China's music industry," Song Ke, chief executive officer of Taihe Rye, a renowned⁸ record company based in Beijing, was quoted as saying in Tuesday's China Youth Daily.

　　A "grace period" of three months for the musicians to exercise their exclusive rights is believed too short to encourage creative work.

　　It may take a period much longer than three months for a good song to become popular, said music critic Li Guangping.

　　Industry insiders also worry that the provisions will cripple record companies' willingness to invest in music record promotion⁹.

　　However, Xu Chunming, a professor at Shanghai University specializing in intellectual property rights, said music writers might misunderstand the draft amendment.

　　The use of music works in published records without the authors' consent is part of a system of copyright statutory license¹⁰ already in effect.

　　It is already provided in the current copyright law, and the only difference is that the draft has deleted the provision in the current law that music writers may stop such use by explicit¹¹ statement, Xu wrote in an article published on his blog site.

　　Xu suggested that the draft maintain the objection clause in case a music work is used against the author's will.

　　However, the Music Copyright Society of China, a music copyright collective management organization, argued that a statutory license system is an international common practice that prevents monopoly attempts of record companies.

　　A provision that allows the copyright holders¹²' veto may undermine the entire statutory license system, the organization said in a statement posted on its website.

　　The National Copyright Administration said the musicians' opinions will be respected but it will also listen to people from other circles.

　　An anonymous¹³ official of the administration told the newspaper Beijing News that the administration will reply to the public comments later this month.

1 enraged   

使暴怒( enrage的过去式和过去分词 )； 歜； 激愤

参考例句：

• I was enraged to find they had disobeyed my orders. 发现他们违抗了我的命令，我极为恼火。
• The judge was enraged and stroke the table for several times. 大法官被气得连连拍案。

2 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

3 stipulates   

n.（尤指在协议或建议中）规定，约定，讲明（条件等）( stipulate的名词复数 )；规定，明确要求v.（尤指在协议或建议中）规定，约定，讲明（条件等）( stipulate的第三人称单数 )；规定，明确要求

参考例句：

• The trade contract stipulates for the settlement of balances in RMB. 贸易合同规定余额以人民币结算。 来自《现代汉英综合大词典》
• The contract stipulates for the use of seasoned timber. 合同上订明用干透的木料。 来自辞典例句

4 recording   

n.录音，记录

参考例句：

• How long will the recording of the song take?录下这首歌得花多少时间？
• I want to play you a recording of the rehearsal.我想给你放一下彩排的录像。

5 holder   

n.持有者，占有者；(台，架等)支持物

参考例句：

• The holder of the office of chairman is reponsible for arranging meetings.担任主席职位的人负责安排会议。
• That runner is the holder of the world record for the hundred-yard dash.那位运动员是一百码赛跑世界纪录的保持者。

6 royalty   

n.皇家，皇族

参考例句：

• She claims to be descended from royalty.她声称她是皇室后裔。
• I waited on tables，and even catered to royalty at the Royal Albert Hall.我做过服务生， 甚至在皇家阿伯特大厅侍奉过皇室的人。

7 deprivation   

n.匮乏；丧失；夺去，贫困

参考例句：

• Many studies make it clear that sleep deprivation is dangerous.多实验都证实了睡眠被剥夺是危险的。
• Missing the holiday was a great deprivation.错过假日是极大的损失。

8 renowned   

adj.著名的，有名望的，声誉鹊起的

参考例句：

• He is one of the world's renowned writers.他是世界上知名的作家之一。
• She is renowned for her advocacy of human rights.她以提倡人权而闻名。

9 promotion   

n.提升，晋级；促销，宣传

参考例句：

• The teacher conferred with the principal about Dick's promotion.教师与校长商谈了迪克的升级问题。
• The clerk was given a promotion and an increase in salary.那个职员升了级，加了薪。

10 license   

n.执照，许可证，特许；v.许可，特许

参考例句：

• The foreign guest has a license on the person.这个外国客人随身携带执照。
• The driver was arrested for having false license plates on his car.司机由于使用假车牌而被捕。

11 explicit   

adj.详述的，明确的；坦率的；显然的

参考例句：

• She was quite explicit about why she left.她对自己离去的原因直言不讳。
• He avoids the explicit answer to us.他避免给我们明确的回答。

12 holders   

支持物( holder的名词复数 )； 持有者； （支票等）持有人； 支托（或握持）…之物

参考例句：

• Slaves were mercilessly ground down by slave holders. 奴隶受奴隶主的残酷压迫。
• It is recognition of compassion's part that leads the up-holders of capital punishment to accuse the abolitionists of sentimentality in being more sorry for the murderer than for his victim. 正是对怜悯的作用有了认识，才使得死刑的提倡者指控主张废除死刑的人感情用事，同情谋杀犯胜过同情受害者。

13 anonymous   

adj.无名的；匿名的；无特色的

参考例句：

• Sending anonymous letters is a cowardly act.寄匿名信是懦夫的行为。
• The author wishes to remain anonymous.作者希望姓名不公开。