Chinese Copyright Proposal Would Allow Compulsory Licensing Of Music After Three Months
from the RIAA-is-going-to-love-this dept
As China continues to climb up the economic rankings (it became number two last year, in case you missed it) its domestic policy begins to have wider implications for the rest of the world. A case in point is this news from Slashdot about proposed changes to China's copyright laws. Two sections in particular are proving controversial:
According to Article 46, any record producer who acts pursuant to Article 48 shall have the right to make recordings of musical works owned by another, without needing authorization from the original owner, given that the content had been published for three months or longer.
The Chinese artist Gao Xiaosong is worried by the short period of exclusivity, but sees one advantage:
Article 48 stipulates guidelines for individuals or corporations who use non-original content: contact the National Copyright Administration department under the State Council; specify the original author and source of material; and submit a usage fee to the copyright collective administration organizations as stipulated by the National Copyright Administration within one month of use. The copyright collective administration organizations will then transfer payment to relevant parties."The only positive byproduct of this amendment allows Chinese parties to record and distribute a new Lady Gaga album after it has been on the market for three months."
It will be interesting to see the response of the US music recording industry to this proposal. The fact that China can contemplate passing a law with these clauses, even though they are bound to be highly unpopular with US companies -- and hence the US government -- shows how much the balance of power is shifting between the two countries.
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Predicted response...
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The Middle Finger
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Anything that will piss off the MAFIAA is a great thing.
Go INDIE Go !!!
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It depends on your economic output
The US seems to want its economic output to be imaginary things. Copyrights. Patents. Trademarks.
Or the US wants its output to be intangible things. Entertainment. Music. Movies. Stories.
I would point out open source. The Chinese have embraced it. Some corners of the US are still fighting it tooth and nail.
Maybe the US wants its primary profession to be the "important" people. Collection Societies. CEOs. Lawyers. Politicians.
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Re: It depends on your economic output
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Re: Re: It depends on your economic output
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Re: Re: Re: It depends on your economic output
You'd think union goal accomplished, but they still exist as yet another power hungry organization. Now they take funds from their members, to negotiate better pay. They then take a cut of the better pay from all their members. Members aren't really better off and non-unionized corporations can simply pay the same wage - union fees. Then undercut the competition.
So unions basically kill their own employer now.
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Unions vs Reality
Oh yea, I forgot, it takes smart people willing to risk their financial future to build something from the ground up w/18 hr days and no guarantee of success.
Steve Jobs 1, Union drone 0
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Re: Unions vs Reality
No, it doesn't. it takes people who are willing to take a huge risk to do all that. Although it's hard to pull off if you're an idiot, being particularly intelligent is not a requirement.
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Re: Re: Unions vs Reality
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Re: Re: Re: It depends on your economic output
Things in remote area may not change, but those in cities certainly are.
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Re: Re: Re: Re: It depends on your economic output
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Re: Re: Re: Re: Re: It depends on your economic output
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It depends on what products your economy produces
The US seems to want its economic output to be imaginary things. Copyrights. Patents. Trademarks.
Or the US wants its output to be intangible things. Entertainment. Music. Movies. Stories.
I would point out open source. The Chinese have embraced it. Some corners of the US are still fighting it tooth and nail.
Maybe the US wants its primary profession to be the "important" people. Collection Societies. CEOs. Lawyers. Politicians.
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Communist
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Re: Communist
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Re: Re: Communist
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Everyone pools their resources together for the good of the community over-all.
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Re: Re: Re: Re: Communist
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Re: Re: Re: Re: Re: Communist
Except North Dakota, where socialists got control.
Look at how well that economy is doing.
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Re: Re: Re: Re: Re: Re: Communist
Except that, in America, it seems to be a strange fusion of capitalism with a hefty dash of regulatory interference. If it was *just* capitalism then, I suspect, that the market would adjust more quickly; simply because they'd have to. As opposed to the current version where legacy players don't want to compete with up-starts and go crying to the government for aid and comfort.
Doesn't seem any better, currently, in the UK either, unfortunately. If it wasn't for all the inhumane actions and oppression of free speech, expression and outright censorship, I'd consider relocating. As it is, it's not, yet, worth the costs.
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Re: Re: Re: Re: Re: Re: Communist
(I can't even compare my political affiliations to the US because it'd be off the chart. Even our right wing would be considered socialist there. Here, I'm left-central; there, I'd be burned at the stake.)
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Timely example - German Government Wants Google To Pay To Show News Snippets.
http://www.techdirt.com/articles/20120305/09161017982/german-government-wants-google-to-p ay-to-show-news-snippets.shtml
My favorite line for the story: ...and(the German Govt) has just announced that it will bring in a compulsory licensing scheme for the use of even "small parts" of journalistic articles on commercial sites. More destruction.
Socialism if full of corrupt, half wits who would have put Steve Jobs in chains for being a Capitalist.
When the EU finally collapses due to Socialism, maybe you'll understand what Steve Jobs did - "You have to be run by ideas, not hierarchy. The best ideas have to win."
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Re: Re: Re: Re: Re: Re: Re: Communist
That's why North Dakota has the strongest economy and why it didn't fail during the Great Recession.
No, seriously, check out the economy of North Dakota, nothing died. People weren't kicked out of their homes, no banks foreclosed, and the economy's only gotten stronger out there.
Why?
Socialism.
A State-owned, State controlled bank is what allowed it to stave off the problems that the rest of the country faced.
Founded in 1919, during similar economic times to what we have now, by SOCIALISTS who got control of the state during that election, the State Bank of North Dakota is the biggest reason that North Dakota was the ONLY state to post over 1 billion dollar SURPLUS in its budget when 48 OTHER states were facing economic shortfalls to the tune of billions of dollars.
As for the EU, you do realize that it's NOT socialism that's causing the collapse over there, though I'm sure that you'll believe anything but the truth, but rather, the Euro is what's causing the collapse over there.
The central bank in Germany controls the Euro, all governments in the EU are at the mercy of the Euro and the bankers.
The EU will collapse, not because of socialism, but because of banking practices.
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Re: Re: Re: Re: Re: Re: Re: Re: Communist
The Oil Boom is the reason North Dakota is doing so well, not the bank. The state is collecting record tax revenues from the drilling of Earth Killing Oil which it is depositing into the state bank. Without the oil, ND would be a 19th century agrarian society. North Dakota = DRILL, BABY, DRILL.
Greece, Portugal & Spain are all spending above what their economys GDP can handle.
Why does Spain have near 50% unemployment? Socialism
Why do all the above countries have austerity? Socialist spending.
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Speak for yourself.
Oil's the reason for the boom, not the reason for the sustained economy. Maybe you should learn about the state a little before you spout off stupidity.
Without the oil, North Dakota would STILL be a stronger economy than the rest of the nation. North Dakota didn't get hit by the Wall Street bust like every other state did.
"Why does Spain have near 50% unemployment?"
Bank failings.
Maybe you should read up on the economic meltdown that happened when Wall Street nearly collapsed.
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You can't name a single bank in all of Europe that "failed". You are truly delusional...
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Their State Bank.
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All the Bank of North Dakota ever does these days is guarantee new building loans. Their giant student loan program was basically eliminated when student loans were nationalized.
North Dakota only interested oil companies when there was a spike in oil prices and a sudden availability of cheap labour. They'll be gone in 5 years, just like in 1985.
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Re: Re: Re: Re: Communist
Every single time any government put their mets on something they screw it up badly and that was true in medieval times and it is so today.
That is not to say we don't need government, we do for some very basic stuff like securing borders, police, fire departments and so forth but to grant monopolies to others that is the kind of stuff they always, always screw it up.
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Re: Re: Re: Re: Re: Communist
But this isn't a problem that is avoided with capitalism. The problem with capitalism, you see, is when capitalists demand to control how resources should be allocated.
The difference between the two is that the people have a better chance of influencing government than private entities.
Both systems degrade to oppression and are thus undesirable in their pure forms. However, if I had to choose a pure form, socialism seems to be the lesser of those two evils.
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is the definition of Socialism. Are you drunk?
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WORKING is also "communist," and even musicians should do it, too. Release an album TWICE a year, and have a full-time second job of PLAYING music live!
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Response
"AAAAHHHHH HEEEELLLLL NO!!! OH THAT'S BULL***************! AAWWW HELLL NO WAY!!! NO FREAKIN' WAY!!! NOT GONNA HAPPEN!!! AW HELL NO!! CHINA IS TAKING THE COMMUNIST WAY OUT! WE NEED TO LEGISLATE CHINA! INVADE!!! INVADE!!! TAKE THEM OVER!!! IT'S LEGAL IN THE NAME OF INTELLECTUAL PROPERTY!!! PROTECT US!!! BOMB THEM!!"
When asked if this was an official standing of the entire industry, the reply was most likely not. So it doesn't speak for the industry. But behind closed doors... *shrug*... who knows what they'll think.
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Headline
Obama, "the RIAA Won't Let US Back Down"
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this is the Incorporated States of America after all....where war for the good of corporations and the rich is applauded.
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So then....
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Re: So then....
Now don't you worry your head about all those mean things, you just keep going down to the local MAFIAA-approved source and keep giving us money and everything will be alright.
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Re: So then....
Just Google "allofmp3" for your answer, oh young idealistic one.
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It should be no surprise that China's expected to become the world's biggest economy by 2016 at it's current growth rate.
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You know, the "one child per family" law...
Not to mention that it sounds like their housing market just hit the breaking point...
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I doubt their laws will hamper them at all where IP is concerned, again, HUGE population willing to spend on stuff, and they dont give a flying f**k if its legal here or not.
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I mean, their population's getting older...
We all know that economic growth doesn't last forever.
And the only reason it's going as fast as it is is because of the wages.
As my friend Kaijo puts it for why factories aren't coming back to America from China...
"How DARE we ask for a decent standard of living and be able to afford stuff?"
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Chinese music
From reading this article , and i may be wrong, there would still be copyright but that "copyright" would be available at a reasonable price to anyone who was willing to pay for it.
So now if i want to start up a music site i can pay a small amount , or a large one, for the rights to distribute all the music from artists in a specific genre. create my site and pay a fair amount from what money i generate to the creators of the music i have bought the right to distribute.
I don't think the American gatekeepers that feel they have control of who listens to there music and how they listen or where they buy from or how much they pay, will be happy about this but hey they have brought it on themselves by being so elitist and losing the support of there customers due to there high and mighty position, almost every day now we hear of something that is chipping away at there power and i am loving it. let those arrogant ignorant fools fall , i am enjoying every minute of it.
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copyright
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Much like how the US benefited greatly after separating itself from similar IP systems that existed in Britain in the early 19th century.
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Sweden. Netherlands. Finland.
All socialist countries.
The problem "capitalists" have, is that they want to convince you socialism is bad because the state controls resource allocation. But Capitalism does the same thing... except the control reverts to the few monopolists and oligarchs. And the average person is worse off under capitalism.
Thing is, I'd actually disagree that 100% socialism isn't that great, either. You see, all those countries have a mix of capitalism and socialism, and that's where the greatest benefit lies. We, in the US, are hard-core careening into 100% capitalism, which is what will be our downfall.
Only if we restore the balance between the two, like Germany has, will we be as prosperous.
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VERY well done.
And I agree with you on those issues.
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Why does Spain have near 50% unemployment? Socialism
Why do all the above countries have austerity? Socialist spending."
Interesting how you completely ignored the countries I listed, because you know very well they conflict with your narrative. Thus, the only way you can continue to function mentally, is by blocking out the information that conflicts with your belief system.
But I'll bite, and respond to your point: Those countries had problems, because they spent vastly more than they took in. Sound familiar?
There are other reasons, of course, but that's the simplest one in a nutshell. And I will agree they aren't countries we should be looking to emulate. Instead, we should be looking at Germany, Sweden, Netherlands, etc.
But let's worship capitalism, and take the regulations off those poor businesses so they can operate however they wish. It's not like we'll repeal a law like Glass-Steagal that was in place since the Great Depression, and I bet those nice capitalistic companies won't cause a financial meltdown because of it!
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US is spending MUCH MUCH MORE above what their economys GDP can handle.
But rating agencies think this is funny and nice.
China also thinks this is funny because it OWNS 40% of US DEBT. China can destroy US without fire a single pissy pussy bullet. eat
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The US does this
The Chinese law says the same thing. Someone can "make musical recordings" of the works of another. It emulates US law.
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