On the eve of the opening of this year's “Two Sessions,” the CQAA published an open letter of rights protection to the media, urging the media to pay remuneration to copyrights holders in accordance with the Interim Measures for the Payment of Remunerations for the Broadcast of Sound Recordings by Radio and Television Stations. According to Jiang Kun, the Beijing People's Broadcasting Station Literature Station has consulted with the CQAA and expressed willingness to jointly safeguard and materialize paid use of broadcasts of audio products, and planned to become “the first station to protect copyrights.”
Jiang Kun, as a member of the CPPCC National Committee, submitted a proposal titled Protecting Quyi Copyrights and Implementing the System of Paid Broadcasts at this year’s "Two Sessions". He also revealed at the “Two Sessions” to the media that they had applied to the Ministry of Civil Affairs for establishment of a Quyi copyright collective management organization based on the realities of rights protection. The application is awaiting approval.
In the proposal, Jiang Kun spelled out in detail four specific steps they are going to take in the protection work, similar to the remuneration pattern of Karaoke music copyright royalties. The first step is to change the past phenomena of “much cry and little wool,” “only complaints, no effects”, “no organization, no administration”, and establish a Quyi copyright collective management organization. The second step is to collect royalties across China in accordance with remuneration standards for publication, adaptation, premiere broadcasts and repetitive broadcasts of Quyi works as provided in the Interim Measures for the Payment of Remunerations for the Broadcast of Sound Recordings by Radio and Television Stations. Later, they will call on the industry peers to eliminate “overbearing clauses” for one-off remuneration patterns and lifetime copyrights. The third step is to issue notices on domestic and international radio and TV media, headed by China Central Television and Central People’s Broadcasting Station, and ink contracts to discuss jointly concrete measures to safeguard Quyi copyrights. The fourth step is to make contact with local copyright protection organizations across China and hire lawyers to monitor broadcasts on television, radio, the Internet and other various media to protect the rights of Quyi artists.
Moreover, copyright protection also goes to Quyi practitioners beyond the system, experienced Quyi artists and late artists. This year, with plans to launch investigations and research into Quyi forms of intangible and oral cultural heritages listed across the country, the copyright registration and certification of Quyi inheritors have been defined as one of the important parts of the work.
Jiang Kun said the above steps are currently being implemented one by one. Concerning the possible difficulties in the overall collection of royalties later on, Jiang Kun summarized “four difficulties” : Firstly, difficulty in price negotiations. For example, we may demand 0.3 yuan per minute, while some TV stations may disagree; therefore, it is not easy to fix prices. Secondly, difficulty in enforcement of contracts, various forms of resistance may be confronted. Thirdly, difficulty in monitoring broadcasts, we have great difficulty in controlling specific lengths of broadcasts. Fourthly, difficulty in rights protection through legal means. We have to pay much more money to obtain compensation in our fight against piracy. It seems utterly impossible for us to go to court at cost of up to 10,000 Yuan to get 0.3 to 0.5 Yuan in compensation.
Protection of Quyi copyrights should mean protection not only from a variety of legal documents, protection from all levels of meetings, protection from various forums, but also protection in real practice.
“On the journey of Quyi rights protection, we only have taken the first step and still have a long meandering way to go in the future. We have to try painstakingly and are fully prepared for a long battle, ”said Jiang Kun.
By Kevin Nie, China IP
(Translated by Wang Hongjun)
