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The letter on the issue concerning the qualification of overseas copyright collective management organizations as litigation subjects (No.3 [2004] of the Third Civil Tribunal of the Supreme People's Court) has been received, we make the following reply after study: I. The "Music Copyright Society of China" is the only copyright collective management organization in China so far that has been approved by the State Bureau of Copyright and registered by the Ministry of Civil Affairs. The relevant overseas copyright collective management organizations do not need to be approved by the Chinese government. II. For the issue of whether any overseas copyright collective organization can file a lawsuit in its own name in our country, although there are no explicit prohibitions in the relevant copyright laws of our country, we should take a cautious attitude towards it. The reasons are as follows: Firstly, according to the international practices, in case any copyright collective management organization of a country makes a claim in another country, it shall enter into a mutual representative agreement with the collective management organization of the other country, and the copyright collective organization of the other country shall exercise such right for it (Please see the Attachment I Article 1 and 2 of the Model Mutual Representative Contract of CISAC on Public Performance Right Collective Management). According to this principle, if a copyright collective management organization of a country wishes to raise a claim outside its domestic country, it shall enter into a mutual representative agreement with the overseas copyright collective management organization. Secondly, we have not known, so far, any case concerning any overseas copyright collective management organization, which files a transnational litigation in its own name. Thirdly, China has set down market access standards to overseas intermediary legal service organizations for their establishment of institutions and carrying out of business activities in China. A copyright collective management organization is an intermediary legal service organization, which shall meet the market access conditions of our country when carrying out business activities (including filing lawsuits) in our country. At present, the Chinese government does not make any commitment to any country or district for opening the copyright collective management organizations for their carrying out business activities (including lawsuits) in China. Fourthly, at present, the Music Copyright Society of China has concluded mutual representative agreements (See Attachment III) with 42 overseas associations (See Attachment II), and the overseas music works involved in these agreements have basically covered the majority overseas music works used by our country. If any and all overseas copyright collective management organizations are entitled to carry out business activities and file lawsuits in its own name in China, the mutual representative agreements signed by the Music Copyright Society of China with the 42 overseas copyright collective management organizations will lose its significance. Attachments: 1. Model Mutual Representative Contract of CISAC on Public Performance Right Collective Management (Omitted) 2. Schedule of Contracts Concluded with Overseas Associations (Omitted) 3. Mutual Representative Contracts (Omitted) |
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