The increasing number of legal disputes in China arising from live performances of the musical works of others raises questions as to how such works may be lawfully licensed for use.
Executive Partner
Run Ming Law Office
Securing a licence
Musical works in China are protected under the provisions of the PRC Copyright Law (as amended in 2010). Article 19 identifies the “right of performance” as a protectable interest, and covers live performances or performances that involve public broadcasting of copyright works. In addition, performers playing to a live audience, or playing others’ music as part of their acts, are also considered live performers. This includes many diverse activities such as singing, instrumental music, poetry recitations, etc.
The PRC Copyright Law allows rights owners to perform their own works, to give permission to anyone else to do so, and to receive remuneration as agreed. Additionally, Article 36 of the law provides that in order to perform another person’s work live, performers must first secure (and if required pay for) a licence from the copyright holder. Performance organizers are also required to obtain and pay for licenses. Of course, the conditions set out in Article 22(9) of the law, i.e. relating to “performance of a published work without charge to the public and without payment of remuneration to the performer”, refers only to fair use and should not be construed to allow general unauthorized performances of copyrighted works.
Lawyer
Run Ming Law Office
Licensors
A licensor of a musical work is the individual or organization that owns copyright in it, and generally includes lyricists and composers, arrangers and translators, the music author’s successors, and any other party who has secured copyright. Licensors have the right to license others to give live performances of musical works in which they have copyright and to be paid for it.
You must be a
subscribersubscribersubscribersubscriber
to read this content, please
subscribesubscribesubscribesubscribe
today.
For group subscribers, please click here to access.
Interested in group subscription? Please contact us.
你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章，欢迎成为我们的订阅会员成为我们的订阅会员。
Wang Yadong is the executive partner of Run Ming Law Office, and advised Zhou Hongwei in the “first domestic Weibo case”. Zhang Jing is a lawyer with the firm.
Suite 1806, NCI Tower
12A Jianguomenwai Avenue
Chaoyang District, Beijing 100022, China
Tel: +8610 65693511
Fax: +8610 65693512/13
www.runminglaw.com
E-mail:
wangyd@runminglaw.com
zhangj@runminglaw.com
