Opinion: Draft Copyright Law extends government power

The draft amendments to the Copyright Law empower collective management and set new rules for fair use

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The publication of the draft amendments to the PRC Copyright Law (中华人民共和国著作权法) on March 31 attracted wide attention and much controversy. The Draft refines the law to meet practical demands, but questions remain over many of the changes and users are calling for further reforms.

 

In recent years, Chinese courts have handled multiple cases where thousands of copyright owners filed collective actions, underlining the weakness of China's Copyright Collective Administration (CCA). The Draft strengthens the function and capability of CCA organisations. In particular, CCA organisations enjoying broad recognition as representative bodies may be authorised by the copyright administrative department under the State Council (CAD) to exercise extended power in representing non-members. This approach could solve the problems now being dealt with using collective actions.