ARTICLE BY ARTICLE DISCUSSION WITH NCAC
Article 2
5. We noted that only Chinese citizens, not residents were protected, and were assured that foreign residents would be protected under any multilateral or bilateral agreement. Similarly foreign unpublished works would be protected under such agreements, notwithstanding paragraph 3 of Article 2.
6. We were initially told that "first publication" in paragraph 2 meant just that, so that it would not be possible to get protection for foreign works by publishing them within 30 days of their first publication elsewhere, a la Berne. However it later appeared that this was under consideration and the regulations might deem first publication to mean simultaneous publication in the Berne sense.
7. NCAC confirmed that publication does not include communication of a work to the public by performance.
8. We questioned the basis for the protection of sound recordings, given that Article 2 refers only to works (defined in Article 3 without reference to sound recordings). There was some initial confusion, suggesting that NCAC had not fully focused on the distinctions between carriers of works and sound recordings as protectable entities in themselves. Eventually we were assured that sound recordings would be protected on the same basis that Article 2 provides for works and that the regulations would attend to this. This will need watching.
Article 3
9. We pointed out the Berne obligation to protect works of architecture in their 3-dimensional form and asked what additional works were likely to be specified under Article 3(9). There is clearly no intention to use the forthcoming regulations to specify additional works, but databases and semiconductors chip topographies are under longer term consideration.
10.
Computer programs are to be subject to a separate code of protection under regulations being drafted by the Ministry of Machinery and Electronics Industries. (see paragraphs 39 to 42 below).
Article 4
11. We questioned its compatibility with Berne, pointing out that Article 17 of Berne does not remove copyright but merely limits its exercise. We were assured that the Chinese text is Berne-compatible.
2
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