China News Service, Beijing, November 10 (Guo Chaokai, Huang Yuqin, Liang Xiaohui) The draft amendment to the Copyright Law was submitted to the 13th National People's Congress for third review on the 10th.
In order to increase the penalties for copyright infringement, the draft adds provisions on the previous basis, limiting the statutory compensation amount to 500 yuan (RMB, the same below).
Article 31 of the second-review draft stipulates the liability for compensation for copyright infringement or copyright-related rights. It stipulates that if the actual loss of the right holder, the illegal income of the infringer, and the royalties are difficult to calculate, the people’s court shall be based on the infringement. According to the circumstances, a statutory compensation of less than RMB 5 million was awarded.
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 to add provisions to limit the statutory compensation 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 exercise 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 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." (End)