律师随笔
赵虎律师就提交著作权修改草案一事接受《环球时报》的采访
作者：赵虎 律师 时间：2012年11月20日
《著作权法》的修改已经两次向公众公开草案，并征求意见。就著作权法修改一事，汉卓律师事务所知识产权部首席律师赵虎接受了《环球时报》记者的采访。
赵虎律师指出：“许多使用他人文章的人以文章属于匿名或者笔名为由不支付稿酬（即一边主张法定许可，一边说找不到作者支付报酬，因为作者是匿名或者用的是笔名），新的草案将有效地解决这个问题。”
“著作权的权利人可以通过他们各自的协会（如文字作品通过文著协）获得他们应有的报酬。”
“法律经常被仅仅看做是一个指导，更重要的是（法律）要被有效地执行。”
《环球时报》新闻稿链接：
//www.globaltimes.cn/NEWS/tabid/99/ID/741866/Artists-better-protected-after-copyright-changes.aspx
附：新闻稿原文
The draft amendment of China's Copyright Law, which aims to better protect the rights of copyright holders, will be submitted to the State Council before the end of the year, said the General Administration of Press and Publication Tuesday.The draft lists additional conditions under which a user of copyrighted works is required to pay the copyright holder.It also closes a loophole that allows users under some circumstances to not pay the copyright holder.The draft stipulates that users of copyrighted works must pay use fees to copyright collectives such as those representing writers, musicians and photographers even when the artist or author is unknown."Many users have been avoiding payment by using works that are written anonymously or in pen name, the new draft will effectively end this practice," said Zhao Hu, a lawyer specializing in copyright at the Beijing-based Hanzhuo Law Firm."Copyright holders can receive payments owing to them through their respective collectives," Zhao told the Global Times.The draft also lifts the compensation standard for infringement of copyrighted works and includes a provision for punitive damages."The initiative of writers or artists is hurt when they are unable to get paid for long periods of time," Zhang Hongbo, secretary-general of the China Written Works Copyright Society, was quoted by the Beijing Morning Post as saying Thursday."The point of the draft is to meet the increasing demand of copyright holders and help the industry grow in a better and healthier direction," said Zhang.Zhao also noted that the law is often seen as merely a guideline, and what matters more is effective enforcement.The draft amendment has been twice submitted to the public seeking input. The last round ended in late October.
赵虎律师指出：“许多使用他人文章的人以文章属于匿名或者笔名为由不支付稿酬（即一边主张法定许可，一边说找不到作者支付报酬，因为作者是匿名或者用的是笔名），新的草案将有效地解决这个问题。”
“著作权的权利人可以通过他们各自的协会（如文字作品通过文著协）获得他们应有的报酬。”
“法律经常被仅仅看做是一个指导，更重要的是（法律）要被有效地执行。”
《环球时报》新闻稿链接：
//www.globaltimes.cn/NEWS/tabid/99/ID/741866/Artists-better-protected-after-copyright-changes.aspx
附：新闻稿原文
The draft amendment of China's Copyright Law, which aims to better protect the rights of copyright holders, will be submitted to the State Council before the end of the year, said the General Administration of Press and Publication Tuesday.The draft lists additional conditions under which a user of copyrighted works is required to pay the copyright holder.It also closes a loophole that allows users under some circumstances to not pay the copyright holder.The draft stipulates that users of copyrighted works must pay use fees to copyright collectives such as those representing writers, musicians and photographers even when the artist or author is unknown."Many users have been avoiding payment by using works that are written anonymously or in pen name, the new draft will effectively end this practice," said Zhao Hu, a lawyer specializing in copyright at the Beijing-based Hanzhuo Law Firm."Copyright holders can receive payments owing to them through their respective collectives," Zhao told the Global Times.The draft also lifts the compensation standard for infringement of copyrighted works and includes a provision for punitive damages."The initiative of writers or artists is hurt when they are unable to get paid for long periods of time," Zhang Hongbo, secretary-general of the China Written Works Copyright Society, was quoted by the Beijing Morning Post as saying Thursday."The point of the draft is to meet the increasing demand of copyright holders and help the industry grow in a better and healthier direction," said Zhang.Zhao also noted that the law is often seen as merely a guideline, and what matters more is effective enforcement.The draft amendment has been twice submitted to the public seeking input. The last round ended in late October.
