Current Position: Home > IP News > The copyright law is revised again, and the legal compensation is greatly increased to 5 million yuan!
According to CCTV news, the 23rd session of the Standing Committee of the 13th National People's Congress closed at the Great Hall of the people in Beijing on the morning of November 11. The meeting passed the decision on Amending the copyright law and the law on the protection of ex servicemen. President Xi Jinping signed the order No. sixty-second, sixty-third to announce the issue. The decision of the Standing Committee of the National People's Congress on Amending the copyright law of the people's Republic of China shall come into force on June 1, 2021.


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It is understood that in April and August this year, the Standing Committee of the 13th National People's Congress held the first and second deliberation on the draft amendment to the copyright law, introduced the system of punitive damages for infringement, greatly increased the upper limit of legal damages for infringement, and improved the definition and types of works.

On November 10, the 23rd session of the Standing Committee of the 13th National People's Congress deliberated the draft amendment to the copyright law for the third time. It is reported that the main changes of the draft include the following aspects:



1、We will increase the punishment for infringement and increase the maximum amount of compensation to 5 million yuan

Article 31 of th Article 31 of the second draft of the draft stipulates the liability for compensation for infringement of copyright or copyright related rights, which stipulates that if the actual loss of the obligee, the illegal income of the infringer, and the royalties are difficult to calculate, the people's court shall, according to the circumstances of the infringement, make a judgment to pay legal compensation of less than 5 million yuan.


Some departments have proposed that in order to strengthen the punishment of copyright infringement, it is suggested to increase the stipulation of the minimum amount of legal compensation, improve the rules of proof in the judicial procedure, and clarify the measures to destroy the infringing copies and manufacturing tools. e second draft of the draft stipulates the liability for compensation for infringement of copyright or copyright related rights, which stipulates that if the actual loss of the obligee, the illegal income of the infringer, and the royalties are difficult to calculate, the people's court shall, according to the circumstances of the infringement, make a judgment to pay legal compensation of less than 5 million yuan.

Some departments have proposed that in order to strengthen the punishment of copyright infringement, it is suggested to increase the stipulation of the minimum amount of legal compensation, improve the rules of proof in the judicial procedure, and clarify the measures to destroy the infringing copies and manufacturing tools.

The third draft has been revised as follows: first, it has been added that the minimum amount of legal compensation is 500 yuan. The second is to add a provision: "the people's court shall, at the request of the obligee, order the destruction of infringing copies except for special circumstances; order the destruction of materials, tools and equipment mainly used for manufacturing infringing copies without compensation; or, under special circumstances, order to prohibit the above-mentioned materials, tools and equipment from entering commercial channels; and No compensation. " The third is to add a provision in the current copyright law: "in the litigation procedure, if the accused infringer claims that he / she does not bear the infringement liability, he / she shall provide evidence to prove that he / she has obtained the permission of the obligee, or has the circumstances stipulated in this law that can be used without the permission of the obligee."


2、Fair use of Copyright: adding restrictions for non-profit purposes




According to the current copyright law, "if a published work is performed free of charge, and no fee is charged to the public and no remuneration is paid to the performer", no remuneration may be paid to the copyright owner without the permission of the copyright owner, but the name of the author shall be specified.

Some members of the Standing Committee and the public have proposed to increase the non-profit restrictive provisions in order to prevent making profits in disguise by charging advertising fees in the name of free performances.

The third reviewer revised the above-mentioned reasonable use as follows: "for free performance of published works, no fees are charged to the public, no remuneration is paid to the performers, and no profit is made."





3、It is clear that radio and television stations have the right to prohibit acts without their permission


Article 23 of the second draft stipulates that radio and television stations have the right to prohibit acts without their permission.

Some associations, enterprises, experts and the public put forward that the exercise of the rights of broadcasting organizations often involves the copyright protection of others. It is suggested that radio and television stations should not affect the copyright or copyright related rights enjoyed by others when exercising their rights.

A new clause has been added in the third draft: "when a radio station or television station exercises the rights prescribed in the preceding paragraph, it shall not affect, restrict or infringe upon the exercise of copyright or copyright related rights by others."


4、The copyright ownership of audio-visual works is stipulated


It is stipulated in the second draft that the ownership of copyright in audio-visual works other than cinematographic works and TV drama works that constitute cooperative works or official works shall be determined in accordance with the relevant provisions of this law; if they do not constitute cooperative works or work for service, the ownership of copyright shall be agreed upon between the producer and the author; if there is no agreement or the agreement is not clear, the ownership of copyright shall be enjoyed by the producer, but the author shall enjoy the right of authorship And the right to remuneration.


Some departments, units, experts and the public have pointed out that the provisions on the ownership of copyright of other audio-visual works are too complicated. The draft has clearly stipulated the ownership of copyright of cooperative works and job-related works. If audio-visual works constitute cooperative works or job-related works, the ownership of their copyright can be determined according to law. It is suggested to simplify the provisions of this paragraph so as to facilitate the utilization of audio-visual works And communication.
Third, the manuscript is revised to read: "the ownership of copyright in audio-visual works other than those specified in the preceding paragraph shall be agreed upon by the parties concerned; if there is no agreement or the agreement is not clear, it shall be enjoyed by the producer, but the author shall enjoy the right of authorship and the right to remuneration."



5. Define technical measures


According to the second draft, in order to protect copyright and copyright related rights, the obligee may take technical measures.
Some members of the Standing Committee pointed out that technical measures are an important means to protect copyright added in the current revision of the copyright law, and clarifying its definition is conducive to the implementation of the law.
A provision was added to the third draft to clarify the definition of technical measures for copyright protection. "The technical measures referred to in this Law refer to effective technologies, devices or components used to prevent or restrict the browsing or appreciation of works, performances, sound and video recordings without the permission of the obligee, or the provision of works, performances, sound and video recordings to the public through information networks."

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