SUPPLEMENTARY ISSUE – Top 10 Copyright Events in China in 2021
Recently, China’s top 10 copyright events in 2021 were selected and published by the National Copyright Administration of China (NCAC).
1. Entry into force of the recently amended copyright law
The Third Amendment to the Copyright Law came into force on June 1, 2021, which was a milestone in China’s copyright development. In response to the new requirements of economic and social development and the emerging expectations of the public, the amendment followed the principles of protecting rights, encouraging creation, promoting dissemination and balancing interests. The amendment improved the copyright legal system, strengthened copyright protection, harmonized the Copyright Act with other laws, and helped implement international treaty obligations on copyright to which China had adhered in recent years. The amendment would serve as an important legal support for maintaining copyright order, increasing the efficiency of copyright governance, and promoting the prosperous development of socialist culture and science.
2. Marrakesh Treaty ratified by NPC Standing Committee
The Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled, the world’s first and only copyright treaty to include a clear human rights perspective. man, was ratified on October 23, 2021 by the Standing Committee of the 13th National People’s Congress (NPC) during its 31st session. Ratifying the treaty could better protect the cultural rights and interests of print-disabled people in China by allowing them to enjoy works and receive education equally, thereby facilitating universal access to cultural achievements. In addition, it has also created favorable conditions to provide works in an accessible format to print-disabled people outside of China and further expand overseas coverage of excellent Chinese works.
3. Strengthened judicial protection of copyright
Amendment (XI) to the Criminal Law entered into force on March 1, 2021. In the amendment, criminal protection was introduced for the rights of communication via an information network and the rights of performers, and the upper limit of legal penalties for two crimes involving copyright infringement was increased to 10 years’ imprisonment for copyright infringement and 5 years’ imprisonment for selling counterfeit copies. On March 3, 2021, the Interpretation on the Application of Punitive Damages in Civil Intellectual Property Rights Infringement Cases was issued by the Supreme People’s Court to guide local courts in the precise application of damages. punitive measures and to punish serious infringements of intellectual property rights. The implementations of amendment and judicial interpretation are of great importance for maintaining copyright law and order by further strengthening the judicial protection of copyright.
4. Copyright Work Plan for 14th FYP Period Issued by NCAC
The sixth plenary session of the 19th CPC Central Committee incorporated in its resolution strengthening the establishment, protection and use of intellectual property rights, reflecting the Party’s emphasis on the development of intellectual property . In order to fully implement the guiding principles of General Secretary Xi Jinping’s major speech on intellectual property work and conscientiously implement the outline of the national intellectual property strategy (2021-2035) and plan National for the Protection and Utilization of Intellectual Property During the 14th Five -Annual Plan Period (FYP), the NCAC strengthened the high-level design of the copyrighted work and issued the December 24, 2021 the Copyright Work Plan for the 14th FYP period, which sets out the guiding thought, guiding principles, development goals, and key tasks for copyrighted works during of the period of the 14th FYP. This has provided strong copyright support for the full implementation of the Party Central Committee’s grand plans on intellectual property work and for making China a strong country in innovation, culture and intellectual property.
5. Copyright enforcement and supervision focused on new business models and new sectors
In 2021, copyright enforcement and oversight authorities actively responded to copyright challenges in new business models and new sectors, and explored new methods and avenues copyright protection. The Copyright Department of the NCAC, in cooperation with relevant authorities, launched a targeted campaign to combat piracy and distribution of motion pictures and strengthened the social governance mechanism for copyright protection motion pictures. The NCAC and other authorities launched the “Jianwang 2021” campaign, which prioritized copyright protection in short videos, live webcasts and sports events, and included Tokyo Olympics programs in the 2021 warning list of copyright protection for key works. The 2021 National Conference on Copyright Protection and Development in the Digital Environment focused on the latest issues of copyright protection and development, showcased the achievements of copyright protection author and promoted the development of copyright industries.
6. Policing the Digital Music Industry Copyright Market
In July 2021, the State Administration for Market Regulation issued an administrative penalty decision against Tencent Holdings Ltd., ordering Tencent and its affiliates to restore competition in the market by terminating the exclusive license of right copyright notice within 30 days, discontinuing copyright payments such as high prepayments, and not requiring upstream copyright owners to make terms that give unreasonable competitive advantage. The decision would contribute to reshaping the order of competition by offering all players the opportunity to compete fairly on the relevant market. NCAC had promoted the healthy and orderly development of the digital music industry by guiding all parties to improve the copyright licensing model, create a good market ecology, resolve copyright disputes effectively through negotiation and mediation, and refocus their copyright operation on encouraging originality and improving the user experience. .
7. Regulated Karaoke Industry Copyright Market Order
The notice on the regulation of the copyright market order of the karaoke industry was issued by the NCAC in conjunction with the Ministry of Culture and Tourism on April 2, 2021. The notice provides eight measures to regulate collective management in the karaoke industry, such as the removal of copyright through collective management, and the implementation of a two-in-one copyright licensing mechanism. The notice, as an important step to further monitor and improve collective copyright management, is of great importance for protecting the rights and legitimate interests of rightholders and for facilitating the legitimate use of copyrighted content and the healthy development of the industry.
8. The 8th China International Copyright Expo was held in Hangzhou
The 8th China International Copyright Expo was successfully held in Hangzhou, Zhejiang Province in October 2021, with more than ten side events including the WIPO Copyright Award Ceremony- NVC. The Expo has fully demonstrated the achievements of China’s copyright efforts and served as an important platform for the exhibition of copyrighted works, exchange and commerce of the copyright. During the Expo, the exhibition marking the 30th anniversary of the implementation of copyright law was organized by the NCAC to celebrate the centenary of the founding of the Communist Party of China. The exhibition comprehensively reviewed the significant achievements in copyright law, protection, industry development, and international exchange and cooperation over the past 30 years under the leadership of party.
9. The Wujiang model of copyright protection is promoted worldwide
On October 16, 2021, the WIPO Case Study Plaque Presentation Ceremony on Best Practices in Copyright Protection for Wujiang Silk Industry and Exit Ceremony from the book on copyright as a catalyst for the growth of the silk industry: a study on copyright protection and quality The development of the silk industry took place in Hangzhou, marking a successful conclusion of the case study. After the “Nantong model” and the “Dehua model”, the “Wujiang model” which allows the growth of the silk and textile industry through copyright protection is another example of the increase in China’s international influence on copyright administration and China’s contribution to improving global copyright governance. WIPO attaches great importance to this case study and promotes the results of the study worldwide through its channels.
10. Verdict Announced for Renren Yingshi Subtitle Group’s Copyright Infringement Case
The trial verdict was announced for Liang Yongping’s alleged copyright infringement case during the public hearing in Shanghai No. 3 Intermediate People’s Court on November 22, 2021. According to the verdict, the accused Liang Yongping was found guilty of copyright infringement and sentenced to three years and six months in prison and a fine of 1.5 million yuan, with recovery of illegal proceeds and confiscation of seized property used in the crime . The verdict that holds Renren Yingshi Subtitle Group criminally liable clarified the nature of translation of film and television works by subtitle groups, and demonstrated China’s determination to fight copyright infringement and piracy and strengthen copyright protection.