TNAG-2300-FCO40-3328-Chinese-copyright-law-implications-for-Hong-Kong-1991 — Page 37

producers seeking to acquire foreign rights for there to be a genuine market.)

Article 30

26.

Publishers will not be able to receive assignments or sub-license their exclusive rights, but will be able to take action for infringement of the work without the authority of the copyright owner.

Article 32

27.

This has the effect that copyright owners can only submit their works to one newspaper &c publisher at a time. We noted that the second paragraph is another example of statutory licensing, albeit one that can be negated by declaration. were unable to obtain clarification of what forms of declaration would be required of the copyright owner.

Article 35

28. We were told that the regulations would define what is meant by a commercial performance. We pointed out that paragraph 2 introduced a further statutory licence.

Chapter 4, Section 3

We

29. We questioned the meaning of video-recording and its

The answer relationship to the works defined in Article 3(5). appeared to be that this chapter deals with purely mechanical recordings e.g. copies made mechanically from other recordings or films of performances made without any creative control over the filming. We were promised further clarification in regulations which would, we were told apply Articles 24 to 27 to this Chapter.

30.

We registered some concern over these provisions which appear to confuse questions of originality and infringement, and lead to further doubts about the nature of the protection afforded to sound recordings (see paragraph 7 above).

Article 39

31.

This article appears to preclude the normal contractual practice of producers paying session musicians a once-for-all payment with only featured performers getting further remuneration from further exploitation by licensees. appear however to take the view it will be possible to make this kind of arrangement by contract.

Article 42

NCAC

32. NCAC confirmed that the reference in the third paragraph to "the copyright owner" means the owner of copyright in works

UT

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