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著作权法修改之后，艺术家的权利将得到更好地保护——《环球时报》的采访
(2012-11-19 21:27:48)
标签：
采访著作权法环球时报修改律师it |
分类： 知识产权 |
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Artists better protected after
copyright changes
The draft amendment of China's Copyright
Law, which aims to better protect the rights of copyright holders,
will be submitted to the State Council before the end of the year,
said the General Administration of Press and Publication
Tuesday.
The draft lists additional conditions under which a user of copyrighted works is required to pay the copyright holder.
It also closes a loophole that allows users under some circumstances to not pay the copyright holder.
The draft stipulates that users of copyrighted works must pay use fees to copyright collectives such as those representing writers, musicians and photographers even when the artist or author is unknown.
"Many users have been avoiding payment by using works that are written anonymously or in pen name, the new draft will effectively end this practice," said Zhao Hu, a lawyer specializing in copyright at the Beijing-based Hanzhuo Law Firm.【北京市汉卓律师事务所专门从事知识产权领域的律师赵虎说：许多使用他人文章的人以文章属于匿名或者笔名为由不支付稿酬（即一边主张法定许可，一边说找不到作者支付报酬，因为作者是匿名或者用的是笔名），新的草案将有效地解决这个问题。】
"Copyright holders can receive payments owing to them through their respective collectives," Zhao told the Global Times.【赵虎告诉《环球时报》：著作权的权利人可以通过他们各自的协会（如文字作品通过文著协）获得他们应有的报酬】
The draft also lifts the compensation standard for infringement of copyrighted works and includes a provision for punitive damages.
"The initiative of writers or artists is hurt when they are unable to get paid for long periods of time," Zhang Hongbo, secretary-general of the China Written Works Copyright Society, was quoted by the Beijing Morning Post as saying Thursday.
"The point of the draft is to meet the increasing demand of copyright holders and help the industry grow in a better and healthier direction," said Zhang.
Zhao also noted that the law is often seen as merely a guideline, and what matters more is effective enforcement.【赵虎也指出：法律经常被仅仅看做是一个指导，更重要的是（法律）要被有效地执行】
The draft amendment has been twice submitted to the public seeking input. The last round ended in late October.
The draft lists additional conditions under which a user of copyrighted works is required to pay the copyright holder.
It also closes a loophole that allows users under some circumstances to not pay the copyright holder.
The draft stipulates that users of copyrighted works must pay use fees to copyright collectives such as those representing writers, musicians and photographers even when the artist or author is unknown.
"Many users have been avoiding payment by using works that are written anonymously or in pen name, the new draft will effectively end this practice," said Zhao Hu, a lawyer specializing in copyright at the Beijing-based Hanzhuo Law Firm.【北京市汉卓律师事务所专门从事知识产权领域的律师赵虎说：许多使用他人文章的人以文章属于匿名或者笔名为由不支付稿酬（即一边主张法定许可，一边说找不到作者支付报酬，因为作者是匿名或者用的是笔名），新的草案将有效地解决这个问题。】
"Copyright holders can receive payments owing to them through their respective collectives," Zhao told the Global Times.【赵虎告诉《环球时报》：著作权的权利人可以通过他们各自的协会（如文字作品通过文著协）获得他们应有的报酬】
The draft also lifts the compensation standard for infringement of copyrighted works and includes a provision for punitive damages.
"The initiative of writers or artists is hurt when they are unable to get paid for long periods of time," Zhang Hongbo, secretary-general of the China Written Works Copyright Society, was quoted by the Beijing Morning Post as saying Thursday.
"The point of the draft is to meet the increasing demand of copyright holders and help the industry grow in a better and healthier direction," said Zhang.
Zhao also noted that the law is often seen as merely a guideline, and what matters more is effective enforcement.【赵虎也指出：法律经常被仅仅看做是一个指导，更重要的是（法律）要被有效地执行】
The draft amendment has been twice submitted to the public seeking input. The last round ended in late October.
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