3rd Amendment to Copyright Law | Effective June 1st 2021
The Standing Committee of the National People’s Congress has passed the amendments to the Copyright Law (the Amendments), which will take effect on 1 June 2021. The first comprehensive amendment took place in 2001, and in 2010 it was amended again in response to a WTO decision resolving a U.S. complaint. Since the first amendment, the 2020 Amendments are the most comprehensive and substantial amendments in the past two decades. In addition to some cosmetic changes, the Amendments will strengthen the protection for the copyright owners in regards to the scope of copyrightable work, redefined fair use exceptions, authorization of technical protection measures, and heightened damage provisions. See the full clauses below: Chapter I: General Provisions Article 1: This law is formulated in accordance with the Constitution...
Explaining that copyright holders must not exert their rights against the PRC constitution and that the pledger and the pledgee of the copyright application must abide by the State Council regulations and guidelines.
The Law of Obligations Act (LOA) implements Article 8(3) of the Copyright Directive (Directive 2001/29/EC). If unlawful damage is caused by violation of copyright or related rights or violation of industrial property right, the person whose rights are violated may request that the violator and the person whose services a third party used for the purpose of violation of the right be refrained from further violation. (Section 1055(3) LOA).
Section 817 of Copyright Act stipulates that in the case of the unlawful use of a work or an object of related rights, the author or holder of related rights may, among other, claim termination of the unlawful use of a work or an object of related rights and refrainment from further violation pursuant to Section 1055 of the Law of Obligations Act.