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

from the RIAA-is-going-to-love-this dept

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. The fact that China can contemplate passing a law with these clauses, even though they are bound to be highly unpopular with US companies -- and hence the US government -- shows how much the balance of power is shifting between the two countries.

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    Jeff (profile), Apr 18th, 2012 @ 11:55am

    Predicted response...

    GCnLI

     

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    Nathan F (profile), Apr 18th, 2012 @ 12:37pm

    Something tells me the RIAA is going to have kittens and be all over the USTR pushing to have diplomats encourage it to be changed.

     

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    gorehound (profile), Apr 18th, 2012 @ 12:41pm

    I actually love the idea and I am an Artist.I have put out Music since the late 70's and I love to see Fans of my Art.Once in a while I have seen a Band that covered a tune by me.I felt good about that.i never felt like it was wrong but that they were paying homage to me.
    Anything that will piss off the MAFIAA is a great thing.
    Go INDIE Go !!!

     

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    DannyB (profile), Apr 18th, 2012 @ 12:46pm

    It depends on your economic output

    China wants their economic output to be real things. Food. Medicines. Cars. Computers. Clothes.

    The US seems to want its economic output to be imaginary things. Copyrights. Patents. Trademarks.

    Or the US wants its output to be intangible things. Entertainment. Music. Movies. Stories.

    I would point out open source. The Chinese have embraced it. Some corners of the US are still fighting it tooth and nail.

    Maybe the US wants its primary profession to be the "important" people. Collection Societies. CEOs. Lawyers. Politicians.

     

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      AJBarnes, Apr 18th, 2012 @ 1:00pm

      Re: It depends on your economic output

      That seems to be true. We can thank labor unions for helping export manufacturing jobs offshore for 100 years now...

       

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        Another AC, Apr 18th, 2012 @ 1:08pm

        Re: Re: It depends on your economic output

        Really? By the same logic it's really the corporations fault then for treating workers so poorly for 100 years now...

         

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          Anonymous Coward, Apr 18th, 2012 @ 1:30pm

          Re: Re: Re: It depends on your economic output

          Here's the thing, Unions were created when working conditions were crap. Laws were passed that forced corporations to a minimum quality of working environment.

          You'd think union goal accomplished, but they still exist as yet another power hungry organization. Now they take funds from their members, to negotiate better pay. They then take a cut of the better pay from all their members. Members aren't really better off and non-unionized corporations can simply pay the same wage - union fees. Then undercut the competition.

          So unions basically kill their own employer now.

           

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          Pwdrskir (profile), Apr 18th, 2012 @ 2:43pm

          Unions vs Reality

          Why don't the union people start their own company if corporations are so evil? What's stopping them?

          Oh yea, I forgot, it takes smart people willing to risk their financial future to build something from the ground up w/18 hr days and no guarantee of success.

          Steve Jobs 1, Union drone 0

           

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            John Fenderson (profile), Apr 18th, 2012 @ 3:25pm

            Re: Unions vs Reality

            *eyeroll*

            Oh yea, I forgot, it takes smart people willing to risk their financial future to build something from the ground up w/18 hr days and no guarantee of success.


            No, it doesn't. it takes people who are willing to take a huge risk to do all that. Although it's hard to pull off if you're an idiot, being particularly intelligent is not a requirement.

             

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          Anonymous Coward, Apr 18th, 2012 @ 9:09pm

          Re: Re: Re: It depends on your economic output

          Actually things have changed dramatically last 5 years. Now lifes of employer in China is more difficult than employees. Law have passed to increase wage by fixed percentage, your company not profiting is not an excuse to not increasing annual pay to workers.

          Things in remote area may not change, but those in cities certainly are.

           

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    DannyB (profile), Apr 18th, 2012 @ 12:47pm

    It depends on what products your economy produces

    China wants their economic output to be real things. Food. Medicines. Cars. Computers. Clothes.

    The US seems to want its economic output to be imaginary things. Copyrights. Patents. Trademarks.

    Or the US wants its output to be intangible things. Entertainment. Music. Movies. Stories.

    I would point out open source. The Chinese have embraced it. Some corners of the US are still fighting it tooth and nail.

    Maybe the US wants its primary profession to be the "important" people. Collection Societies. CEOs. Lawyers. Politicians.

     

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    Minimum Wage Shill, Apr 18th, 2012 @ 12:51pm

    Communist

    see mike, chipping away at the power of copyright and stealing from the artist is communist which is why the chinese are doing it.

     

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      Anonymous Coward, Apr 18th, 2012 @ 12:59pm

      Re: Communist

      Then Communism is looking more and more favorable then. I'd almost be willing to switch to Communism if it would ensure the destruction of the RIAA/MPAA.

       

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        :Lobo Santo (profile), Apr 18th, 2012 @ 1:03pm

        Re: Re: Communist

        If you think about the, the world presented in Star Trek appears to be socialist.

         

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          silverscarcat (profile), Apr 18th, 2012 @ 1:32pm

          Re: Re: Re: Communist

          Socialism isn't too bad.

          Everyone pools their resources together for the good of the community over-all.

           

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            Anonymous Coward, Apr 18th, 2012 @ 2:26pm

            Re: Re: Re: Re: Communist

            It's the best thing that can happen. Too bad that in practice it's always ruined by a few greedy, corrupt people. Fortunately we have capitalism to avoid that scenario.

             

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              silverscarcat (profile), Apr 18th, 2012 @ 2:31pm

              Re: Re: Re: Re: Re: Communist

              Except that capitalism is the current situation here in America and it's run by nothing BUT greedy, corrupt people.

              Except North Dakota, where socialists got control.

              Look at how well that economy is doing.

               

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                ricebowl (profile), Apr 18th, 2012 @ 2:50pm

                Re: Re: Re: Re: Re: Re: Communist

                Except that capitalism is the current situation here in America and it's run by nothing BUT greedy, corrupt people.



                Except that, in America, it seems to be a strange fusion of capitalism with a hefty dash of regulatory interference. If it was *just* capitalism then, I suspect, that the market would adjust more quickly; simply because they'd have to. As opposed to the current version where legacy players don't want to compete with up-starts and go crying to the government for aid and comfort.


                Doesn't seem any better, currently, in the UK either, unfortunately. If it wasn't for all the inhumane actions and oppression of free speech, expression and outright censorship, I'd consider relocating. As it is, it's not, yet, worth the costs.

                 

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                Anonymous Coward, Apr 18th, 2012 @ 2:52pm

                Re: Re: Re: Re: Re: Re: Communist

                That last comment was meant to be sarcastic.

                (I can't even compare my political affiliations to the US because it'd be off the chart. Even our right wing would be considered socialist there. Here, I'm left-central; there, I'd be burned at the stake.)

                 

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                Pwdrskir (profile), Apr 18th, 2012 @ 3:26pm

                Re: Re: Re: Re: Re: Re: Communist

                Socialism destroys wealth, property and lives.
                Timely example - German Government Wants Google To Pay To Show News Snippets.
                http://www.techdirt.com/articles/20120305/09161017982/german-government-wants-google-to-p ay-to-show-news-snippets.shtml

                My favorite line for the story: ...and(the German Govt) has just announced that it will bring in a compulsory licensing scheme for the use of even "small parts" of journalistic articles on commercial sites. More destruction.

                Socialism if full of corrupt, half wits who would have put Steve Jobs in chains for being a Capitalist.

                When the EU finally collapses due to Socialism, maybe you'll understand what Steve Jobs did - "You have to be run by ideas, not hierarchy. The best ideas have to win."

                 

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                  silverscarcat (profile), Apr 18th, 2012 @ 3:54pm

                  Re: Re: Re: Re: Re: Re: Re: Communist

                  Uh huh...

                  That's why North Dakota has the strongest economy and why it didn't fail during the Great Recession.

                  No, seriously, check out the economy of North Dakota, nothing died. People weren't kicked out of their homes, no banks foreclosed, and the economy's only gotten stronger out there.

                  Why?

                  Socialism.

                  A State-owned, State controlled bank is what allowed it to stave off the problems that the rest of the country faced.

                  Founded in 1919, during similar economic times to what we have now, by SOCIALISTS who got control of the state during that election, the State Bank of North Dakota is the biggest reason that North Dakota was the ONLY state to post over 1 billion dollar SURPLUS in its budget when 48 OTHER states were facing economic shortfalls to the tune of billions of dollars.

                  As for the EU, you do realize that it's NOT socialism that's causing the collapse over there, though I'm sure that you'll believe anything but the truth, but rather, the Euro is what's causing the collapse over there.

                  The central bank in Germany controls the Euro, all governments in the EU are at the mercy of the Euro and the bankers.

                  The EU will collapse, not because of socialism, but because of banking practices.

                   

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                    Pwdrskir (profile), Apr 18th, 2012 @ 4:44pm

                    Re: Re: Re: Re: Re: Re: Re: Re: Communist

                    Come back to reality.
                    The Oil Boom is the reason North Dakota is doing so well, not the bank. The state is collecting record tax revenues from the drilling of Earth Killing Oil which it is depositing into the state bank. Without the oil, ND would be a 19th century agrarian society. North Dakota = DRILL, BABY, DRILL.

                    Greece, Portugal & Spain are all spending above what their economys GDP can handle.
                    Why does Spain have near 50% unemployment? Socialism
                    Why do all the above countries have austerity? Socialist spending.

                     

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                      silverscarcat (profile), Apr 18th, 2012 @ 6:04pm

                      Re: Re: Re: Re: Re: Re: Re: Re: Re: Communist

                      "Come back to reality."

                      Speak for yourself.

                      Oil's the reason for the boom, not the reason for the sustained economy. Maybe you should learn about the state a little before you spout off stupidity.

                      Without the oil, North Dakota would STILL be a stronger economy than the rest of the nation. North Dakota didn't get hit by the Wall Street bust like every other state did.

                      "Why does Spain have near 50% unemployment?"

                      Bank failings.

                      Maybe you should read up on the economic meltdown that happened when Wall Street nearly collapsed.

                       

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                        Pwdrskir (profile), Apr 20th, 2012 @ 5:53pm

                        Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Communist

                        To claim to "know" what "would be" is delusional thinking and you agreed with my point.

                        You can't name a single bank in all of Europe that "failed". You are truly delusional...

                         

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                      silverscarcat (profile), Apr 18th, 2012 @ 6:06pm

                      Re: Re: Re: Re: Re: Re: Re: Re: Re: Communist

                      Oh, and BTW, Texas, Alaska and California were all drilling more oil than North Dakota at the start of the recession. Why was it that North Dakota was the only state not in the recession?

                      Their State Bank.

                       

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                        kull_warrior, Apr 19th, 2012 @ 10:00am

                        Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Communist

                        As a raging liberal who wishes the Bank of North Dakota was socialist, I can assure you that the reason why North Dakota's economy did not enter the toilet is because any North Dakota banker who suggests an activity that could ever actually result in losses is just laughed out of the room.

                        All the Bank of North Dakota ever does these days is guarantee new building loans. Their giant student loan program was basically eliminated when student loans were nationalized.

                        North Dakota only interested oil companies when there was a spike in oil prices and a sudden availability of cheap labour. They'll be gone in 5 years, just like in 1985.

                         

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            Anonymous Coward, Apr 18th, 2012 @ 3:21pm

            Re: Re: Re: Re: Communist

            The problem with socialism is when the government demands to control how the resources should be allocated.

            Every single time any government put their mets on something they screw it up badly and that was true in medieval times and it is so today.

            That is not to say we don't need government, we do for some very basic stuff like securing borders, police, fire departments and so forth but to grant monopolies to others that is the kind of stuff they always, always screw it up.

             

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              John Fenderson (profile), Apr 18th, 2012 @ 3:31pm

              Re: Re: Re: Re: Re: Communist

              The problem with socialism is when the government demands to control how the resources should be allocated.


              But this isn't a problem that is avoided with capitalism. The problem with capitalism, you see, is when capitalists demand to control how resources should be allocated.

              The difference between the two is that the people have a better chance of influencing government than private entities.

              Both systems degrade to oppression and are thus undesirable in their pure forms. However, if I had to choose a pure form, socialism seems to be the lesser of those two evils.

               

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          jupiterkansas (profile), Apr 18th, 2012 @ 2:09pm

          Re: Re: Re: Communist

          The world in Star Trek is largely military, which is about as close to communism as you can get.

           

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      Anonymous Coward, Apr 18th, 2012 @ 2:58pm

      Re: Communist

      China isn't communist, and hasn't been so for many years.

       

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      Pwdrskir (profile), Apr 18th, 2012 @ 3:08pm

      Re: Communist

      You're forgetting that the Govt has given the media and publishing communities an elongated monopoly. The Chinese are monopoly busters.

       

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      Mark, Apr 19th, 2012 @ 4:10am

      Re: Communist

      Yeah, I can see your short-sighted point.

      WORKING is also "communist," and even musicians should do it, too. Release an album TWICE a year, and have a full-time second job of PLAYING music live!

       

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    Anonymous Coward, Apr 18th, 2012 @ 12:56pm

    How is this different from the compulsory license for mechanical reproductions in the US? Besides the three months period (in the US it's available as soon as a musical work is distributed to the public). And why would the RIAA hate it? They represent record labels, not songwriters and music publishers.

     

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    Mr. Smarta** (profile), Apr 18th, 2012 @ 12:56pm

    Response

    There's apparently been a response from the entertainment industry. Not sure if it's real or not, but the quote is:

    "AAAAHHHHH HEEEELLLLL NO!!! OH THAT'S BULL***************! AAWWW HELLL NO WAY!!! NO FREAKIN' WAY!!! NOT GONNA HAPPEN!!! AW HELL NO!! CHINA IS TAKING THE COMMUNIST WAY OUT! WE NEED TO LEGISLATE CHINA! INVADE!!! INVADE!!! TAKE THEM OVER!!! IT'S LEGAL IN THE NAME OF INTELLECTUAL PROPERTY!!! PROTECT US!!! BOMB THEM!!"

    When asked if this was an official standing of the entire industry, the reply was most likely not. So it doesn't speak for the industry. But behind closed doors... *shrug*... who knows what they'll think.

     

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    lavi d (profile), Apr 18th, 2012 @ 12:57pm

    Headline

    Nuclear War With the Chinese
    Obama, "the RIAA Won't Let US Back Down"

     

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    AJBarnes, Apr 18th, 2012 @ 12:59pm

    So then....

    If I can buy imported Russian Vodka, can I also buy imported Lady Gaga mp3's at a tenth of the extortion... excuse me, retail price they charge here?

     

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      Anonymous Coward, Apr 18th, 2012 @ 1:23pm

      Re: So then....

      Sure, but they're OBVIOUSLY not going to be as good mp3s. I mean the bits are going to be less.....bitty. And viruses. There's going to be tons of those. And a lot of them will be kiddie porn DISGUISED as mp3s. You don't want that now, do you?

      Now don't you worry your head about all those mean things, you just keep going down to the local MAFIAA-approved source and keep giving us money and everything will be alright.

       

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      Anonymous Coward, Apr 18th, 2012 @ 4:57pm

      Re: So then....

      If I can buy imported Russian Vodka, can I also buy imported Lady Gaga mp3's at a tenth of the extortion... excuse me, retail price they charge here?


      Just Google "allofmp3" for your answer, oh young idealistic one.

       

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    Anonymous Coward, Apr 18th, 2012 @ 1:08pm

    That's Cool, but i would have liked the wait period to be a year, well let's just see how everything works out

     

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    Anonymous Coward, Apr 18th, 2012 @ 1:12pm

    China actually gets IP. China encourages college professors to apply with patents/copyrights to use as economic weapons against other countries, while rarely enforcing IP of other countries.

    It should be no surprise that China's expected to become the world's biggest economy by 2016 at it's current growth rate.

     

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      silverscarcat (profile), Apr 18th, 2012 @ 1:35pm

      Re:

      But, won't their own laws kind of hinder them in the long run?

      You know, the "one child per family" law...

      Not to mention that it sounds like their housing market just hit the breaking point...

       

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        AzureSky (profile), Apr 18th, 2012 @ 3:09pm

        Re: Re:

        I doubt the population control of one child per family will be an issue, they have a HUGE population, and if it became an issue, they just hand out more authorizations to have more kids to more people(from what I gather its hard but possible to get approval to have more then 1 kid)

        I doubt their laws will hamper them at all where IP is concerned, again, HUGE population willing to spend on stuff, and they dont give a flying f**k if its legal here or not.

         

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          silverscarcat (profile), Apr 18th, 2012 @ 4:03pm

          Re: Re: Re:

          That's not what I'm talking about...

          I mean, their population's getting older...

          We all know that economic growth doesn't last forever.

          And the only reason it's going as fast as it is is because of the wages.

          As my friend Kaijo puts it for why factories aren't coming back to America from China...

          "How DARE we ask for a decent standard of living and be able to afford stuff?"

           

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      Anonymous Coward, Apr 18th, 2012 @ 3:05pm

      Re:

      Maybe if those other countries didn't threaten themselves and their businesses with broken IP laws, maybe China wouldn't be able to use those systems as a weapon against them, then.

       

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    flubaluba, Apr 18th, 2012 @ 1:14pm

    Chinese music

    This has to be the best news i have read all year, maybe more countries should be talking about the copyright period in months rather than years. This would benefit all artists as there would be no single entity controlling the sale of music /movies.

    From reading this article , and i may be wrong, there would still be copyright but that "copyright" would be available at a reasonable price to anyone who was willing to pay for it.
    So now if i want to start up a music site i can pay a small amount , or a large one, for the rights to distribute all the music from artists in a specific genre. create my site and pay a fair amount from what money i generate to the creators of the music i have bought the right to distribute.

    I don't think the American gatekeepers that feel they have control of who listens to there music and how they listen or where they buy from or how much they pay, will be happy about this but hey they have brought it on themselves by being so elitist and losing the support of there customers due to there high and mighty position, almost every day now we hear of something that is chipping away at there power and i am loving it. let those arrogant ignorant fools fall , i am enjoying every minute of it.

     

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    Anonymous Coward, Apr 18th, 2012 @ 1:17pm

    Somewhere, a RIAA lawyer's head just exploded.

     

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    Anonymous Coward, Apr 18th, 2012 @ 1:17pm

    this would really 'piss on the entertainment industries bonfire' wouldn't it. good job! does anybody really think the Chinese would take any notice of USTR or any other body that would screw up what they want in favour of the capitalist west? no chance!!

     

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    mokchik, Apr 18th, 2012 @ 2:02pm

    copyright

    How about meds? Can they make them too? Hopefully they can set up an online pharmacy so my cuz can get his liver cancer meds which now cost $7000 a month...

     

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    Anonymous Coward, Apr 18th, 2012 @ 2:39pm

    A chinese version of itunes with penny music is on the way!

     

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      Anonymous Coward, May 21st, 2012 @ 3:25pm

      Re:

      The problem will be that after listening to the music, you'll just want to listen to more half an hour later.

       

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    Anonymous Coward, Apr 18th, 2012 @ 3:04pm

    I like to think one of the reasons China is booming the way it is now is due to having cast off inane notions like someone can own a work after their dead or that any vague idea or wording can be protected from the public for the right sum of money.

    Much like how the US benefited greatly after separating itself from similar IP systems that existed in Britain in the early 19th century.

     

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    Anonymous Coward, Apr 18th, 2012 @ 4:07pm

    And Pwdrskir may want to rethink his examples. Germany's socialist policies are what kept it afloat during the Great Recession, and have made it into the strongest European country. You wanna know what other countries floated through the problems just fine?

    Sweden. Netherlands. Finland.

    All socialist countries.

    The problem "capitalists" have, is that they want to convince you socialism is bad because the state controls resource allocation. But Capitalism does the same thing... except the control reverts to the few monopolists and oligarchs. And the average person is worse off under capitalism.

    Thing is, I'd actually disagree that 100% socialism isn't that great, either. You see, all those countries have a mix of capitalism and socialism, and that's where the greatest benefit lies. We, in the US, are hard-core careening into 100% capitalism, which is what will be our downfall.

    Only if we restore the balance between the two, like Germany has, will we be as prosperous.

     

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    Anonymous Coward, Apr 18th, 2012 @ 6:27pm

    "Greece, Portugal & Spain are all spending above what their economys GDP can handle.
    Why does Spain have near 50% unemployment? Socialism
    Why do all the above countries have austerity? Socialist spending."

    Interesting how you completely ignored the countries I listed, because you know very well they conflict with your narrative. Thus, the only way you can continue to function mentally, is by blocking out the information that conflicts with your belief system.

    But I'll bite, and respond to your point: Those countries had problems, because they spent vastly more than they took in. Sound familiar?

    There are other reasons, of course, but that's the simplest one in a nutshell. And I will agree they aren't countries we should be looking to emulate. Instead, we should be looking at Germany, Sweden, Netherlands, etc.

    But let's worship capitalism, and take the regulations off those poor businesses so they can operate however they wish. It's not like we'll repeal a law like Glass-Steagal that was in place since the Great Depression, and I bet those nice capitalistic companies won't cause a financial meltdown because of it!

     

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      Anonymous Coward, Apr 20th, 2012 @ 7:11am

      Re:

      "Greece, Portugal & Spain are all spending above what their economys GDP can handle"

      US is spending MUCH MUCH MORE above what their economys GDP can handle.

      But rating agencies think this is funny and nice.
      China also thinks this is funny because it OWNS 40% of US DEBT. China can destroy US without fire a single pissy pussy bullet. eat

       

      reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Apr 18th, 2012 @ 11:40pm

    This is the best idea since sliced cheese, seriously.

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    Matthew, Apr 23rd, 2012 @ 5:11pm

    The US does this

    We have compulsory music licensing here in the United States. Essentially, music is broken up into the composition and the recording of that composition. The recording (master record) is a unique copyright that may not be compulsorily licensed. The composition may be licensed simply by paying the author a statutory licensing fee. The license cannot be denied. Then you can re-record the music.

    The Chinese law says the same thing. Someone can "make musical recordings" of the works of another. It emulates US law.

     

    reply to this | link to this | view in chronology ]


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