The third revision is characterized by science,dem...
In retrospect of the background, history, contents and opinion-soliciting method of the previous revision of the Copyright Law in 2001 and 2010, the third revision of the Copyright Law encountered the raging spread of the COVID-19 pandemic in the world,and China was facing more complicated international environment, various intertwined interest relationships,and stronger domestic demands.
The third revision of the Copyright Law is characterized by the following features：
First,opinions had been openly solicited from the public through various routes.Since the establishment of the leading group for the revision of the Copyright Law in July 2011,the NCA had published the Draft twice in 2012 in order to solicit opinions and suggestions from all walks of life.In 2014,the former Legislative Affairs Office of the State Council published the Amended Draft for public comments.From the end of 2018 to the beginning of 2019, the Ministry of Justice solicited opinions from relevant departments and individuals.After the submission of the Draft to the NPCSC,the NPC convened ten large symposia, one assessment meeting and one on-site research and solicited opinions from the public twice,and the specialized commissions of the NPC deliberated the Draft many times.It took less than a year for the NPC to discuss,revise and deliberate the Amended Draft of the Copyright Law.As for the first and second revisions of the Copyright Law,the NPCSC solicited opinions from relevant selected departments and individuals and did not publish the Amended Draft.(https://www.daowen.com)
Collective copyright management organizations also actively provided opinions and suggestions on the law revision.The CWWCS, as the sole collective copyright management organization for written works,has been making great efforts to promote the revision and improvement of the Copyright Law for more than ten years since its establishment.During the third revision of the Copyright Law,the CWWCS gave full consideration to the requirements of China's economic,social and cultural development, and the difficulties and challenges encountered in the development of collective copyright management organizations, as well as issues that have long plagued right holders, such as dif ficulties in obtaining remuneration for their written works selected and reproduced in newspaper or textbooks based on statutory license,nonpayment for online reproduction,severe infringement by knowledge sharing platforms and audiobook platforms, and dif ficulties in evidence production and right protection.It was active in providing opinions and suggestions on law revision on every possible occasion such as at the “two sessions” of the NPC,and by every possible means including communicating with counselors of the State Council directly.
Second,since the opinions were solicited from all walks of life,the law revision aroused high concerns from the society both domestically and internationally,and facilitated extensive social participation.As a specialized intellectual property law,the important role of the Copyright Law in building a lawgoverned country,improving the business environment, and adjusting the creation, dissemination, protection and management of literary,artistic and scientific works has been further recognized by the public.The Copyright Law involves intricate and complicated relationships,various legal entities,a wide range of industrial chains, many interested parties and technological and financial orientation.In the past ten years,consensus has been reached in many aspects in spite of some diversified opinions.
Third,the third revision achieved a good social effect.The decade spent on the third revision of the Copyright Law was also the period during which publicity and education regarding the Copyright Law was accessible to the public.The whole society has gradually formed a consensus on respecting copyright and originality.Copyright owners and the public are generally more aware of the importance of copyright.Academic and research achievements concerning the revision and improvement of the Copyright Law have constantly emerged.Legislative,judicial and administrative organs enjoy higher authority,and the public has higher expectations for the revision of the Copyright Law.