China IPR

Second Public NCA Draft of Copyright Law Available For Public Comment

The National Copyright Administration (NCA) has released its second draft revision of the copyright law for public comment.   The draft was released with an accompanying explanation, but with later deliberations over the copyright law, it was removed from the NCAC website.    Comments are due July 31, 2012.   The draft was released July 6.  Several trade associations in the US have already expressed an interest in commenting again.

The Sina.com article also notes that the  draft removes the controversial Articles 46, 48, 60 and 70 providing for statutory licenses of record producers, and confines such statutory licenses to certain educational materials and newspaper articles.  According to the accompanying explanation of NCA,  over 1,600 comments wer received on the prior draft, and important changes were also made to a variety of important areas, including civil enforcement and  fair use.  http://news.sina.com.cn/c/2012-07-07/011924727945.shtml.

The second draft will likely be an important discussion topic for the forthcoming luncheon program at Fordham on July 25 in New York City.  Please contact us if you are interested in participating.

Updated May 15, 2020.   Note that on May 15, 2020, the draft law was no longer on NCA’s website, however the explanation was available, and is now available through the link above on this blog.  

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