Chinese Copyright Proposal Would Allow Compulsory Licensing Of Music After Three Months

Two sections in particular are proving controversial

As China continues to climb up the economic rankings (it became number two last year, in case you missed it) its domestic policy begins to have wider implications for the rest of the world. A case in point is this news from Slashdot about proposed changes to China’s copyright laws. Two sections in particular are proving controversial:

According to Article 46, any record producer who acts pursuant to Article 48 shall have the right to make recordings of musical works owned by another, without needing authorization from the original owner, given that the content had been published for three months or longer.

Article 48 stipulates guidelines for individuals or corporations who use non-original content: contact the National Copyright Administration department under the State Council; specify the original author and source of material; and submit a usage fee to the copyright collective administration organizations as stipulated by the National Copyright Administration within one month of use. The copyright collective administration organizations will then transfer payment to relevant parties.

The Chinese artist Gao Xiaosong is worried by the short period of exclusivity, but sees one advantage:

“The only positive byproduct of this amendment allows Chinese parties to record and distribute a new Lady Gaga album after it has been on the market for three months.”

It will be interesting to see the response of the US music recording industry to this proposal.