Rights issue hits wrong note with writers of songs
By Dong Zhen |
April 6, 2012, Friday
|
Print Edition
Print Edition
A DRAFT amendment to China's Copyright Law which would deprive a songwriter of the rights to his or her work three months after it is released has sparked strong protests from the Chinese music industry.
The National Copyright Administration publicized the draft to gather public opinion only to find itself bombarded by protests from furious Chinese musicians and songwriters.
An online campaign has begun against article 46 in the draft with many musicians telling their stories about how they are already the victims of insufficient copyright protection in their own country.
Some have branded the draft "malicious."
The copyright administration has so far not publicly explained the reasons behind the draft amendment to a law which is supposed to improve protection for copyright holders not deprive them of it.
Article 46 says that three months after a song is publicly released, anyone would be allowed to use it without asking permission from the writer.
In a separate article on the draft, those profiting from musical works written by others would have to pay a service fee to the "copyright management organization" one month after they start using it.
The draft does not specify the agency by name but in China such an organization would be the Music Copyright Society of China, of which the copyright administration is co-founder and manager.
The society has often been involved in disputes with songwriters and musicians and previous controversies included a dispute over fees from karaoke venues.
"The only 'good' from the new law is that the Chinese music industry could now be authorized by law to utilize and reproduce a new album by Lady Gaga only three months after it's released on the market," said Gao Xiaosong, a Chinese songwriter, music producer and singer.
Gao said on his Weibo that it was impossible for a new song to gain great popularity in just three months. So allowing unlimited and unpaid use of new songs so early was "sheer encouragement for online plagiarism" and would harm creativity in the industry, Gao added.
Gao said he would demand that relevant authorities correct the draft at a music award ceremony on Sunday where he is president of the award panel.
Musician Zhou Yaping said Chinese songwriters and record companies supporting original musical works would be badly affected if the amendment passed.
"No company would care to invest in supporting and marketing creative work in future since it would cost much less if they just wait and reproduce some new songs that are popular on the market," Zhou said.
Other musicians accused the Chinese music copyright society of attempting to steal the interests that should belong to the writers of the songs.
The National Copyright Administration publicized the draft to gather public opinion only to find itself bombarded by protests from furious Chinese musicians and songwriters.
An online campaign has begun against article 46 in the draft with many musicians telling their stories about how they are already the victims of insufficient copyright protection in their own country.
Some have branded the draft "malicious."
The copyright administration has so far not publicly explained the reasons behind the draft amendment to a law which is supposed to improve protection for copyright holders not deprive them of it.
Article 46 says that three months after a song is publicly released, anyone would be allowed to use it without asking permission from the writer.
In a separate article on the draft, those profiting from musical works written by others would have to pay a service fee to the "copyright management organization" one month after they start using it.
The draft does not specify the agency by name but in China such an organization would be the Music Copyright Society of China, of which the copyright administration is co-founder and manager.
The society has often been involved in disputes with songwriters and musicians and previous controversies included a dispute over fees from karaoke venues.
"The only 'good' from the new law is that the Chinese music industry could now be authorized by law to utilize and reproduce a new album by Lady Gaga only three months after it's released on the market," said Gao Xiaosong, a Chinese songwriter, music producer and singer.
Gao said on his Weibo that it was impossible for a new song to gain great popularity in just three months. So allowing unlimited and unpaid use of new songs so early was "sheer encouragement for online plagiarism" and would harm creativity in the industry, Gao added.
Gao said he would demand that relevant authorities correct the draft at a music award ceremony on Sunday where he is president of the award panel.
Musician Zhou Yaping said Chinese songwriters and record companies supporting original musical works would be badly affected if the amendment passed.
"No company would care to invest in supporting and marketing creative work in future since it would cost much less if they just wait and reproduce some new songs that are popular on the market," Zhou said.
Other musicians accused the Chinese music copyright society of attempting to steal the interests that should belong to the writers of the songs.
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