"After over 20 years waiting, we finally get a specialized law to protect folk literature art works in China." Knowing that the National Copyright Administration of China published the exposure draft of the Folk Literature Art Works Copyright Regulation, Associate Professor Zeng Tong, Director of Intellectual Property Law Institution under China Law Society, sent the text about to the reporter of China Intellectual Property News.
Aimed at protecting the copyright of folk literature art works and encouraging the heritage and development of folk literature art, all the 21 rules of exposure draft expresses the concept, the connotation, the ownership of rights, the rights content, the authorization mechanism, and interest distribution of folk literature art works. The exposure draft draws public attention of many folk literature artists, researchers and legal profession. The background and significance of the regulation, and some issues like ascertainment of copyright owner and management of payment are becoming burning topics.
According to the exposure draft, a folk literature art work is a literature art expression created collectively and passed from generations by a certain nation, ethnicity, or unspecified ones in association, reflecting their traditional concept and culture value. It is included by the concept of "work" in Copyright Law literally so it should be protected by the Copyright Law. So why does it need separate legislation? According to Wang Ziqiang, Director of Policy and Legal Department under the National Copyright Administration of China, folk literature art works can not apply the Copyright Law directly for its special characteristics. For example, it is hard to ascertain a certain author of a folk dance created by a nation or ethnicity, and then a concentrate authorization would solve the problem. Besides, in most cases, the creation process of a folk literature art work is continuing developing with time. A life and plus 50 years copyright protection would go against its dynamic nature.
Wang also elucidated the method of payment management. There are certain rules about payment management in the exposure draft. For example, the payment would be distributed to the relevant nation, ethnicity, or unspecified by a specialized agency in time; the specialized agency would build a data base, and public the collection and distribution situation to the society; payment collected but not able to distribute for copyright owner unidentified over 5 years would be contributed to encouraging the development of folk literature art. "the National Copyright Administration will devote to the management and supervision of the payment, and explore an effective supervision system." Said Wang.
(Source: China IP News)
