Copyright Law of the People’s Republic of China (Revision Draft)

National Copyright Administration, March 2012

Chapter I: General Principles

Chapter II: Copyright

Section I: Copyright holders and their rights

Section II: Copyright entitlement

Section III: The term of protection of copyright

Chapter III: Related rights

Section I: Publishers

Section II: Performers

Section III: Audio producers

Section IV: Radio stations and television stations

Chapter IV: The limitations of rights

Chapter V: The exercise of rights

Section I: Copyright and related right contracts

Section II: Collective copyright management

Chapter VI: Technological protection measures and rights management information

Chapter VII: The protection of rights

Chapter VIII: Supplementary provisions Continue reading

Media scholars Appraise 10 Large Chinese Media Law Events from 2011

In December, the Communication University of China organized a seminar to analyze legislative and regulatory evolutions in the media sphere, in which 10 events of particular significance were selected for further analysis. These events include new policy and legislation, such as the Central Committee Decision on cultural policy, but also address the impact of events like the Wenzhou train crash or the handling of certain legal cases on the development of media law. Professor Zheng Ning of the Research Centre for Media Law and Policy was so kind as to send me the report, and allow me to post a translation of it here. 

On 22 December, the News Conference and Academic Seminar for the 10 Large Chinese Media Law Events was organized in the general building of the Communication University of China, this activity was organized by the Communication University of China Research Centre for Media Law and Policy , with the assistance of the Beijing Municipal Lawyers Association Media, Press and Publication Law Expert Committee, media experts, scholars and senior personalities from the practice world coming from large and famous universities, scientific research organs, administrative controlling departments, judiciary organs, as well as the media composed a review committee, and selected the 10 large Chinese media law events from 2011. During the news conference and academic seminar, through further deliberation, according to the extent of influence in the construction of a media law system, the 10 large events were put in a sequence. They respectively are: the organization of the 6th Plenum of the 17th Party Conference and its passing important documents on deepening cultural structure reform; the revision of the “Publishing Management Regulations”; the “23 July Yong-Wen Line” Wenzhou train crash; the establishment of the State Internet Information Office; the Baidu Literary Database copyright dispute; the “Some Regulations Concerning Strictly Preventing False News Reports” issued by the General Administration of Press and Publications; the final judgement in the Jinshan v. Zhou Hongyi Weibo case on infringement of the right of reputation; the “Opinions Concerning Further Strengthening Comprehensive Satellite Television Channel Programme Management” (also known as “Entertainment-Limiting Decree) issued by SARFT; the final judgement in the Yao Jiaxin Case; and the case of Ms. Yu v. Sina on closure of a Weibo account in violation of contracts. Continue reading

Freedom of information in China: everything you need

So far, this website has paid relatively little attention to general legal frameworks relating to media issues and more at policies and regulations aimed at the entertainment sector. These are mainly aimed at fostering growth in these sectors while allowing for the maintenance of political control. The impact of the media on individuals is generally not addressed here. However, there are increasing developments in terms of legal and regulatory reform to deal with the increasing harm to the individual that both modern technology and the increasing space for public discourse make possible, as well as in terms of reacting to the shifting relationship between the Party-State and citizens as the latter become richer. One part of this developing the supervisory roles of the media as an answer to increasing public demand for information about how government money is spent. This website will be further developed to take these issues into account as well. In the mean time, however, great work has been done already in the area of freedom of information by the China Law Centre at Yale University, who have gathered and translated the relevant Chinese regulations and provide in-depth analysis. I find it a very useful resource and look forward to following further developments in this area.

Bo Xilai may be gone, but the red songs remain

So today, it finally happened, Bo Xilai has been ousted in what is perhaps the most significant purge in the Chinese leadership since Zhao Ziyang was put under house arrest in 1989. In hindsight, the signs that he would be put out to pasture have been growing, especially since his right-hand man and Chongqing enforcer Wang Lijun made his well-publicized trip to the US Consulate in Chengdu. Many column inches will be filled by the details of the palace intrigue following Bo’s denouement, about how his mighty opponents in other Party organizations, such as the Central Discipline Inspection Committee, had wanted to get rid of him, and how the final blows were delivered during last week’s NPC meeting in Beijing.

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Ministry of Culture Notice concerning Deeply Launching Learning from Lei Feng Activities in Public Cultural Organs

All provincial, autonomous region and municipal culture offices (bureaus), the Xinjiang Production-Construction Corps Culture, Radio and Television Bureau, the National Library, the Chinese Art Gallery, the nationwide Ministry of Culture cultural information resource construction and management centres:

In order to implement the spirit of the 6th Plenum of the 17th Party Congress and the “CCP Central Committee Secretariat Opinions Concerning Deeply Launching Learning from Lei Feng Activities”, solidly and deeply move learning from Lei Feng activities in public cultural organs forward, the following matters are hereby notified as follows: Continue reading

Guest Post: SPC Opinions: An Emphasis on the Protection of Culture-Related Intellectual Property

As part of the continuing efforts concerning regulatory reform in the cultural sphere, the SPC published a a number of guidelines for judges deciding intellectual property rights cases. He Tianxiang, who’s currently writing a Ph.D. concerning Chinese Internet copyright issues at the Maastricht University Institute for Globalization and International Regulation, was so kind as to offer his thoughts on the background and probable effect of this document.

Continue reading

Public opinion supervision and the courts: it’s not really justice.

The National People’s Congress yesterday saw the report of Supreme People’s Court president Wang Shengjun. Among the usual Chinese policy language, Wang also raised the Court’s relationship with public opinion, by stating the court would “give even more regard to news and public opinion supervision, pay even more attention to online public sentiment, timely respond to social concerns, incessantly strengthen and improve People’s Courts’ work” (更加重视新闻舆论监督,更加关注网上舆情,及时回应社会关切,不断加强和改进人民法院工作). Continue reading

Liu Yunshan makes clear what CCP cultural policy is about

Furthering the cultural construction wave, a book has been published (electronic version) that collects important speeches and statements by all party chiefs from Mao until Hu, concerning the important position of culture in the People’s Republic. At the launch seminar, CPD chief Liu Yunshan delivered a speech on the importance of the book and the underlying theme of cultural reform in the Chinese political constellation. This speech has now been published in “Seeking Truth”, which already published Hu Jintao’s earlier culture-related address. Full translation: Continue reading

A new regime for cinema ticket prices?

A couple of days ago, SARFT sent an opinion-seeking draft of a new regulatory document (Guiding Opinions Concerning Further Standardizing Film Market Ticketing Service Management) to the China Film Distribution and Screening Association and the China Film Producers’ Association.  First and foremost, it includes a bid to shift from a system with official minimum prices, to a system where the sector associations will have to set a maximum ticket price. At present, ticket prices in China are about 80-100 Yuan per film, while a survey in the annual Film Sector Report indicates that consumers generally are willing to pay 45 Yuan. Continue reading

Central Committee General Office Opinions Concerning Deepening the Launch of Learning from Lei Feng Activities

In order to implement the spirit of the 6th Plenum of the 17th Party Congress, deeply launch learning from Lei Feng activities, promote the normalization of learning from Lei Feng activities, forcefully carry the Lei Feng spirit forward, stimulate the construction of the Socialist value system, incessantly raise citizens’ moral quality and social civilization levels, with the approval of the Centre, hereby, the following opinions are put forward. Continue reading

More information about the Weibo real-name registration system

The real-name registration system for microblogs announced earlier will take effect on 16 March, but already, Sina has started to see a decline in user numbers, as protested by Weibo CEO Cao Guowei. Also, Twitter user mcxiaoke posted a number of other requirements in an implementation notice that has apparently been circulated to microblog furms. I haven’t found this original document yet (any tips are welcome), so I can’t vouch for the source, but here is the translation of the twitter posts.

The canopy of the real-name system is going to come down, let’s quickly flee domestic microblog services, the real-name system implementation notice requires: information posted by microblog users with more than 100.000 followers must be examined and verified item by item, and a system of examination before posting is instituted; information posted by blacklisted users must be examined and verified item by item, and a system of examination before posting is instituted; information indicated to be unlawful must be deleted within five minutes; technological interfaces must be opened for search engines specially used by public security organs; screening or filtering measures for specific keywords must take effect within ten minutes; a “one-keystroke delete” function must be provided concerning specific text, images, videos or links; control functions for reprint and comment on information from specific users or in specific microblogs must be provided, control functions must be provided for information posted from specific regions, specific IP addresses or specific sources; a 24/7 information inspection system must be established, a complete function to cease all individual even posting must be provided; user registration information must be preserved long-term, user log-in information must be preserved for one year, client software or mobile phone registration telephones are to be used to distinguish mobile telephone serial number information; daily record information must be provided to public security organs in real time, advance evaluation and consultation systems must be set up with public security organs.

实名制的天幕将要降下,赶快逃离国内微博服务吧,实名制实施通知里的要求:对粉丝数超过10 万人的微博用户发布的信息进行逐条审核,实行先审后发制度;对黑名单用户发布的信息进行逐条审核,实行先审后发制度;指定违法有害信息5分钟内删除;向公安机关专用搜索引擎开放技术接口;指定关键词的屏蔽过滤措施10分钟内生效;具备特定文本图片视频链接“一键删除”功能;具备特定用户或指定微博信息的转发评论控制功能;具备特定地区、特定IP或特定来源信息发布控制功能;建立7×24小时信息巡查制度;具备全部单项发布服务停止功能;用户注册信息长期保存;用户登录信息保存一年;使用客户端软件或手机的记录终端识别和手机串号信息;日志信息向公安机关实时提供;与公安机关建立事前评估及报备制度。