Is authorization required to publish a CD of a c...
According to the Copyright Law of China, it shall constitute the statutory license that a producer of a sound recording who, for the production of a sound recording, exploits a musical work which has been lawfully recorded by another.But such work shall not be exploited where the copyright owner has declared that such exploitation is not permitted.That is, the copyright owner may make a statement that no one else may use his or her music to produce sound recordings, but the copyright owner should publicize the statement at the same time as the work is published.However, if the lyricist and the composer have previously authorized others to legally record and publish, and have not made the above-mentioned statement of disapproval, it shall be regarded as allowing others to exploit his or her work.Recording and publishing CDs is one of the statutory licenses(https://www.daowen.com)
Copyright Law of China provides four types of “statutory license”,which are: (1) Statutory license for reprinting newspapers and periodicals.Except where the copyright owner has declared that reprinting or excerpting is not permitted, other newspaper or periodical publishers may, after the publication of the work by a newspaper or periodical, reprint the work or print an abstract of it or print it as reference material,but such other publishers shall pay remuneration to the copyright owner as provided in regulations.However, it is worth noting that this statutory license is only applicable to the mutual reprinting between newspapers and periodicals, but not between books, or between books and newspapers.(2) Statutory license for making recording works.A producer of a sound recording who, for the production of a sound recording,exploits a musical work which has been lawfully recorded as a sound recording by another, does not need to obtain permission from, but shall, as provided in regulations, pay remuneration to the copyright owner; such work shall not be exploited where the copyright owner has declared that such exploitation is not permitted.(3) Statutory license for broadcasting works and statutory license for broadcasting sound recordings.A radio station or television station that broadcasts a published work created by another does not need to obtain permission from, but shall pay remuneration to the copyright owner.A radio station or television station that broadcasts a published sound recording does not need to obtain permission from, but shall pay remuneration to the copyright owner, unless the parties concerned have agreed otherwise.The specific measures shall be provided by the State Council.(4) Statutory license to compile and publish textbooks.Anyone who compiles or publishes textbooks for the purpose of implementing the nine-year compulsory education or State education planning may, without the permission from the copyright owner,except when the author has declared in advance that the exploitation is not permitted, compile published fragments of works,short written works or musical works, a single work of fine art, or photographic works into the textbooks, however, he shall pay the remuneration as provided, mention the name of the author and the title of the work, and shall not infringe upon other rights which the copyright owner shall enjoy in accordance with the Copyright Law.