Qi, Xiong --- "Music copyright reform in China" [2017] ELECD 352; in Shi, Jichun (ed), "Renmin Chinese Law Review" (Edward Elgar Publishing, 2017) 214

Book Title: Renmin Chinese Law Review

Editor(s): Shi, Jichun

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781786434302

Section: Chapter 10

Section Title: Music copyright reform in China

Author(s): Qi, Xiong

Number of pages: 17

Abstract/Description:

From player piano and phonorecord to digital audio transmission, the music market is always the area that is firstly and extensively affected by dissemination technologies. Observing the history of copyright law, there are plenty of new rules that first were applied in the music area. The controversies of public performance rights were mainly evoked by music industries, and the compulsory license and the collective license both were firstly created for musical works and phonorecords disseminating. Based on the historical development of the music industry and the corresponding process of frequent changing regulation, music copyright has become one of the most complicated systems in copyright law. First, the subjects of music copyright contain musical works and sound recordings, each of which has its own rules of protection and transfer. Second, compared with other copyright subjects, there are different types of copyrights on musical works and sound recordings, and the boundary of digital performance rights is still the most controversial problem in copyright reform all over the world. Third, from printing to the internet era, there are multiple copyright owners and intermediaries that cause music copyright atomism. Composers, music publishers, sound recording copyright owners, and collective rights organizations all play important roles in copyright industries. Collective license and compulsory license systems among these copyright owners and intermediaries make current music licensing structures inefficient and unable to establish a competitive legal music marketplace online.