The 23rd meeting of the 13th NPC Standing Committee end on November 11th in Beijing. The meeting passed a vote on the revision of the Copyright Law and the Veterans Protection Law. President Xi Jinping signed Presidential Decree Nos. 62 and 63 respectively to be announced. Chairman Li Zhanshu presided over the meeting.
According to previous reports, Article 31 of the second review draft of the Copyright Law amendment stipulates the liability for infringement of copyright or copyright-related rights, which stipulates that the actual loss of the right holder, the illegal income of the infringer, and the difficulty of the royalties calculated, the people’s court shall, based on the circumstances of the infringement, award a statutory compensation of less than RMB 5 million.
Some departments have proposed that in order to increase the punishment for copyright infringements, it is recommended to increase the minimum amount of statutory compensation, improve the rules of proof in the judicial process, and specify the measures to destroy infringing copies and manufacturing tools.
After research, the Constitution and Law Committee of the National People's Congress recommended that the above-mentioned opinions should be adopted, and the draft should be revised, adding regulations, and limiting the statutory compensation amount to 500 yuan.
The current copyright law stipulates that “for free performance of a published work, the performance has not been charged to the public nor paid to the performer”, the copyright owner may not be paid without the permission of the copyright owner, but the name of the author shall be specified.
In order to prevent the use of advertising fees in the name of free performances to achieve profit-making purposes in disguise, the third review draft revised the above-mentioned fair use situation to: "For free performances that have been published, the performance has not been charged to the public or The performers are paid and not for profit."
Article 23 of the second review of the draft stipulates that radio stations and television stations have the right to prohibit acts without their permission. Some associations, enterprises, experts and the public have pointed out that the exercise of the rights of broadcasting organizations often involves the copyright protection of others. It is suggested that when broadcasting stations and television stations practice their rights, they shall not affect the copyrights enjoyed by others or the rights related to copyrights.
To this end, the third draft of the draft amendment has added a provision: "Radio stations and television stations shall exercise the rights provided in the preceding paragraph and shall not affect, restrict or infringe others’ exercise of copyright or copyright-related rights."
