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Friday, March 15, 2013

Digital environment, the collective management of copyright protection under the plan break deadlock - Business

December 2 ~ 3, World Intellectual Property Organization (WIPO) and the National Copyright Administration of China jointly held a number of copyright and related rights under the collective Management Seminars, deputy director of China's National Copyright Administration Yan Xiaohong, told the meeting that the copyright collective management system is an important part of the copyright system, is a measure of a country's copyright management and protection of important indicator. In the digital and Network The rapid development of technology today, the collective management may be to solve the problem in Cyberspace key. Chinese copyright collective management organizations and copyright law expert also at the Symposium on China's collective copyright management issues and the solution expressed their point of view. Scholars: the traditional licensing model network challenges faced National figures published Peking University Zhang Ping, director of research base that the I nternet efficient, convenient, interactive, free to share the spirit and tradition of copyright protection has a huge conflict between, and in that it is law and the ethical balance between access to information It is obvious the former is more difficult, so the network any number of "offenders", the follow-up creation and dissemination of information to increase the legal risk; copyright protection in accordance with existing rules of claim rights, but activists high cost, the interest can not expect be realized, the ultimate right to exist in name only, the law failed. "This is a problem faced by countries in the world, not just in China." Zhang Ping said that P2P networks in the United States, 80% none of the above, authorized, and recently Google copyright controversy again, the digital library environment to the Internet of copyright protection issues to the cusp. Ping believes that each of the traditional licensing model in the Internet environment has been challenged. The face of massive work, work to achieve every prior authorization and then spread on the network is almost hopeless. For our present situation is concerned, in respect of legislation, "Information Network Transmission Right Protection Ordinance" has been a safe haven in principle, but still can not keep up with technology, ISP's intension and extension are still fuzzy. In justice, on the protection of the interests of copyright owners, commercial law is more stringent use of new technologies, rather than commercial use is the lack of specification; the public mind at present is the ease of use first, to be the largest private ends meet; and as copyright collective management organization, authorized channel current management is not clear, limited capacity. Music Collection Society: Rights bottlenecks encountered compensation Video Collective Management of Copyright Society of China (the "Association for Music Collection"), Deputy Director-General Ma Chao at the meeting f ollowing the introduction, the association is 28 provinces (autonomous regions and municipalities) Kara OK to carry out the work of the Office of the copyright license fees. 2008 received more than 2000 million, in 2009 collected 60 million yuan in the first half, the association recently held General Assembly will determine the allocation program. In 2008, the Association filed 100 in Beijing karaoke bars for Kara OK litigation, resulting in a greater impact. Current problems is the measure of compensation vary, the overall amount of compensation is low, some users of a court order illegal song only 20 yuan compensation for rights holders and thus fail to punish piracy, illegal behavior. Investigated for criminal liability in respect of the puzzle is: how to define the digital environment, the number of infringement carrier. Following the Super Ma said that the current problem is that record companies do not broadcast and performances from the use of the right to obtain rem uneration for secondary use, it seriously weakened the protection of the rights of the record companies. China has more than 500 Home Appliances , And TV are free to use sound recordings, there are tens of thousands of places to play background music. Therefore, the tone set by the Association in the establishment of a variety of ways to revise the law, for the interests of record companies. In addition, he believes that the current collective management organizations in China on the qualitative is not clear, as the non-profit social organizations, not with the ordinary distinction between social groups; to go through the double approval of its establishment, took too long: Association for sound set from the Copyright Office Ministry of Civil Affairs approval to the completion of registration, before and after 3 years. He proposed to amend the "Copyright Law", to enhance coordination with relevant laws and regulations. Following the super horse that need to implement an exte nsion of the collective management system. In the current judicial practice, by the collective management organizations Proxy Rights of the high volume of cases the number of compensation awarded less often, but not the right person to join the Association to have access to more than the legal amount of compensation association. Following Ma Chao that the digital environment to music copyright collective management challenges are: the development of digital technology through the technology platform for the rights holders directly to the large number of users to license and use of detailed records calculated using the charges as possible, the collective management organization can not demonstrate the advantages of the traditional environment, many of the rights of people reluctant to join the collective management organizations. In addition, the emergence of a number of now using digital technology platform, a large number of music copyright agent the agent, using commercial mode of operation, the impact on the formation of collective management organizations. Following Ma Chao give a solution to this is that the development of advanced digital management platform, providing a fair and transparent solution.





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