Article 5
The
12. We questioned whether paragraph 3 was not too wide. answer was rather confused, indicating that the Chinese did not want to protect items in everyday use such as official forms. They did not appear to appreciate how the concept of originality deals with this kind of situation (originality is not, admittedly, a requirement for protection under the Chinese law but we were assured that the reference to the "creation" of works in Article 1 was intended to have equivalent effect).
Article 7
13. This is oddly expressed and seems to disapply copyright protection for works, such as patent specifications, which are encompassed by other form of legal protection. Despite a rather confused discussion I am reasonably happy that the purpose is to distinguish between the objects of protection rather than to remove copyright protection where it would otherwise exist.
Article 10
14. NCAC confirmed that the so-called publication right in the first paragraph is a divulgation right, not the right to issue physical copies to the public (which falls under paragraph 5).
15. We questioned the meaning of "distribution" in paragraph 5 and were told that it meant first putting into circulation (i.e. no rental right). It extends to importation, whenever the imported copy has been produced without the authorisation of the Chinese copyright owner or his licensee. publishers and record producers were delighted to hear this and may write to confirm our understanding.
Article 21
The
16. We pointed out that the term of 50 years for works of employed authors was contrary to Berne. This was noted.
Article 22
17. We were told that the private use exception in paragraph 1 applies only to individuals not acting in the course of their employment.
18. We were also assured that the "reprinting" exception in paragraph 4 was a narrow one, applying only to editorials and
This is commentaries expressing the views of official bodies. to be clarified in the regulations.
19. The discussion of the education exception in paragraph 6 was less satisfactory. The exception is clearly intended to extend to the production of sufficient copies for classroom
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