incorporated in a sound or video recording. The rate of remuneration will not be negotiable.
Article 43
33. We pointed out that the broadcasting of musical works incorporated in sound recordings without authorisation or remuneration conflicts with Berne. We also asked for a definition of broadcasting "for non-commercial purposes". regulations will hopefully deal with this.
Article 48
The
34. NCAC said this article allows voluntary mediation. not clear why its inclusion is necessary.
It is
Article 52
35. We asked whether reproduction in electronic form was covered, in particular the transient reproduction of computer programs. We were told that this would be dealt with in the regulations.
General issues
36. On enforcement of rights by foreign rights owners NCAC said that the legal procedures would be set out in regulations. Rights owners would be able to use agents of their own choice, be they private individuals, lawyers or the Copyright Agency of China.
37. On collective administration of rights, NCAC envisaged that a Chinese collecting society would be established by the time that protection was extended to foreign works. Foreign collecting societies would be expected to make reciprocal arrangements with the Chinese Society, which would cover all authors rights. There are no plans to form a collecting society for neighbouring rights: this will be decided in the light of experience with the authors' society. The latter would not administer the "grands droits". The Government will be involved in setting it up and will appoint its DG: subject to this, authors will be expected to administer the Society (it is unclear to what extent they will own it).
38. On remittance of royalties, the NCAC said that rules were being drawn up in consultation with their Finance Ministry. Whether there would be any top limit on payments in hard currency would depend on the domestic economic situation and foreign trade policy.
DISCUSSIONS WITH MINISTRY OF MACHINERY AND ELECTRONIC INDUSTRIES
39. The officials we met showed an impressive and sophisticated appreciation of issues arising from the legal
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