09.06.2008

Reticence of Chinese Authorities Costs Creators Millions

As a composer and in the name of creators worldwide, I call on the Chinese government to end copyright law violations. My full (video) address to CISAC's General Assembly last Friday in Rome as well as the press release CISAC issued on the matter are copied below.

Robin Gibb
CISAC President

CISAC PRESS RELEASE

In 6 years, China has generated a loss of million in earnings for music creators

CISAC President Robin Gibb calls on the Chinese authorities to end violations of the copyright law and emphasizes the importance of the authors’ societies to remunerate creators in the music industry

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Paris, June 9, 2008 – With just two months to go to the Olympic Games, China is in the spotlight. Numerous associations and organizations have already spoken on the situation in China in a number of sectors, but there is one which CISAC and its President Robin Gibb particularly wish to highlight: creators’ loss of earnings in the music industry due to non-compliance with the copyright legislation in China.

Indeed, although China amended its copyright law in 2001 to stipulate that any radio or television station broadcasting a musical work must pay remuneration to the copyright owner(s), this obligation has never been respected to date. Recognizing the legal and economic problem that this situation represents for creators, especially Chinese ones, CISAC approached the government and competent authorities several times between 2002 and 2007 in particular to inform them of the major international principles of copyright remuneration.

CISAC deeply regrets that the tariff for the payment of royalties proposed to the Chinese radio and television broadcasters in October 2007 by the State Council’s Legislative Affairs Office has still not been implemented, even though the proposed rate of 0.5% lies very much at the lower end of the range of tariffs operating at international level.

As a result, in 6 years, Chinese broadcasting stations, which have never paid any royalties for the use of Chinese or international music, have generated an estimated overall loss of US$41 million for copyright owners (estimate based on the proposed rate of 0.5%). If the tariff rates more typically seen at international level had been applied, the shortfall in earnings for Chinese and foreign creators would have had to be evaluated at over 0 million.

“In the emerging markets like China, India, much of the Middle East, Latin America and Africa, the digital revolution is taking place well before copyright for traditional forms of use has been able to take root. In these regions, broadcasters and the authorities brazenly infringe authors’ rights,” stressed Robin Gibb in his speech at the CISAC General Assembly held on June 6 in Rome.

“How is it and how can it be that in China, the most populated country in the world and the organizer of the 2008 Olympic Games, the Chinese television and radio stations still pay no royalties to the Chinese and international creators of the works they broadcast? As a composer and in the name of creators worldwide, I call on the Chinese authorities to respect creators’ rights!”

CISAC, through the voice of its President Robin Gibb and with the support of the 219 authors’ societies forming the Confederation, thus calls on the Chinese government to end the violations of the copyright law and commit itself to establishing fair compensation for authors, composers and publishers of music and ensuring that the tariff is respected by broadcasters. Such a measure is particularly important as 80% of the royalties collected would be distributed to Chinese authors and would contribute to the development of the local cultural industry.

“It is our duty, as the global representative body of the societies of authors and composers, to ensure that copyright legislation is enforced. We are working with the authorities and competent bodies to resolve the Chinese problem and are keeping a close watch on the situation in countries like China and India, which are big markets for the cultural industry, to make certain that this state of affairs does not last,” commented CISAC’s Director General Eric Baptiste.

Until an official tariff for the payment of copyright royalties comes into force, CISAC urges the Chinese government to require broadcasters to pay an interim form of remuneration to authors and composers of music whenever one of their works is broadcast.

VIDEOS

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