Puzzle of the film copyright fees
July 27, Haidian District, located in a cafe, a lot of people are happily watching online video movies.
"Charges? Not heard ah!" Internet cafe operators outspoken. In six months ago, a study of the Internet cafes, bus and other transport charges on the provisions of the showing of films, once aroused widespread concern.
The requirement from January 1 this year since the implementation has passed six months. However, this reporter found that, although before the massive, attracted numerous concerns, but the reality is that the regulations suffered a "difficulty in enforcement."
Entitled "films of copyright collective management fee charged to the standard" (hereinafter referred to as "Fees") shall, to films aimed at the collective charge users a way to protect the interests of copyright holders. Film collective management of copyright fees is seen as following the music copyright collective management of rights after a landmark action.
However, a number of bus drivers, owners of Internet cafes and video service providers and trade association official said, "fee" has not yet entered into force. So, high hopes of "charges" Why just look beautiful? What are the main interests of all confusion?
Confused one:
Collective management experience difficulty in enforcement?
The end of 2010, "charges" introduced, requiring domestic Internet cafes, bus, network, video on demand, aircraft, trains movies have to the Chinese Movie Copyright Association (hereinafter referred to as "Shadow of the Association") to pay certain royalties from the film after uniform transfer of the Association to pay the copyright owner.
Release film to the charges, this caused a heated debate online after also spread to long-distance bus drivers in Beijing Yongding Gate Bus Station Master Li's ears. He told reporters: "Last year I heard that too should be charged things, but now the car is still free film."
Internet cafes in Beijing that network managers made it clear that "do not know to put the film to the film with co-uniform pay." In accordance with past practice, that is still in the Internet network service providers to pay the cost of film and television programs.
Beijing Internet Cafe Association Sun flag will be confirmed to reporters that affect the Association's "charges" do not implementing the Beijing Internet cafes. "Last year was a seminar with the leadership of Beijing Municipal Cultural Bureau to communicate over the network at this thing, then charge things on hold up." He said.
Beijing Culture Communication Co., Ltd. is Prime sun and shadow of the Association signed a cooperation agreement, one of the service, with a lot of genuine licensed video resources, business coverage to the nation's major cities. "In February, the company with the film was co-signed a" film copyright collective management agreement ", agreed to cooperate in copyright by the shadow of the Association fees and our share, but has since been no new progress, we are waiting and watching. "The company's marketing public relations director Herong said.
"Charges" in the national implementation of the situation? Reporters on the film with co-Sincerely, the staff said to affect the agreement of all the official website of the Information shall prevail. Afterward, the reporter logs in to their website, see a film with co-television programs and Internet service providers a few workshops and seminars held in the message, and with some service providers signed a cooperation agreement, but since then no real action.
Confused two:
Copyright owner can get benefits?
Talking about "charges" landing is difficult because, Net Music Internet (Beijing) Technology Co., Ltd. Marketing Centre Director Shao said: "Service providers and affect the agreement has many unresolved conflicts, many service providers is the right person, how to charge, how much, how the film was co-pay to transfer rights and other details are not decided. "
Accordance with the "fees" and other documents affect the agreement, each computer Internet cafe every day of the copyright royalties of 0.15 yuan; movies where the coach works, copyright royalty fee per vehicle per year 365-500 yuan range.
No matter how calculated, user fees are hidden behind the question: such a large fee, and many works involving massive video copyright owners, who will ensure one hundred percent will affect the agreement full and timely transfer fees paid to copyright holders ? Fees, management and remittance process, how to ensure fair and just to be open?
"Society will actually charge 10% as management fee, the remaining 90% will be directly distributed to the member the right person for the right person on behalf of non-member charge copyright royalties, the Association will charge the actual 15 % as management fee. "This is a film with co-chairman Zhu Yongde commitment.
Reporters in the shadow of the Association's official Web site, currently only 70 of its members. Despite the Huayi Brothers, Beijing Poly-bona, China Film Group, the company's name on it impressively, but in fact these films member only a small part of the copyright holder.
Most of what is to protect the interests of copyright holders, to charge high fees for the small number of people "sharing" of these to be the test of time.
Despite the shadow of the Association, said the "right people on behalf of non-member copyright royalty fee", but in the end how to allocate these proceeds to the "non-member rights" and "fees" but did not elaborate.
Not only that, the film rights fees, but also could not help but think of the people after China Music Copyright Association ("MCSC") on the Kara OK copyright income redistribution.
January 2010, Kara OK MCSC copyright royalty distribution scheme soon as he announced on the often-criticized, many address him by the copyright owner did not get much benefit. Kara OK copyright fee, in name but also to protect intellectual property and authors' rights, and finally fell into the intense conflicts of interests, but to sacrifice the interests of copyright holders fill differences.
Shadow the Association faces the same challenge. In this regard, Zhu Yongde said "Kara OK to learn the lessons of copyright fees." However, in fact, the current excessive fees, have to some extent, the public suspicion, "the name of false charges of rights real," the. In this sense, the film was co-name the road for their own long way to go.
Confusion III:
Internet cafes are facing a "second charge"?
In the shadow of the Association fees object list, the Internet most problems, the most controversial.
Beijing Internet cafes that network manager, told reporters that if we really want to pay, may be too high because of the amount can not afford. On the other hand, he also worried that after the payment service provider to the film with co-payments, will result in an additional burden.
Currently, most Internet cafes and video program selected service providers, service providers authorized by the film, after payment for Internet users click to watch. According to the shadow of the Association website files, Internet Even so, it must affect the agreement "otherwise pay."
So, shadow of the Association of Internet charges will not be involved in the "second charge" mean? This is the wavering of many Internet cafe owners a reason.
Intellectual Property Institute of East China University of Political Science, Professor Wang said the move, if Internet service providers, it has been obtained from a legally licensed, as long as it is spread during the license within the scope of the license agreement the movie, you do not once again from other sources in the same film within the same right to license the same. But the problem is, if the spread of Internet TV drama than its legally obtained from a service provider licensed by the coverage, it must be permitted to exceed the scope of that part of the TV drama to seek legal permission, otherwise constitute infringement. "At this time obtained from the shadow of the Association is the appropriate choice of a package of license."
Collective Management of Copyright Regulations under section 20 of the provisions of the copyright in the film and television works by adding shadow of the Association, and through contracts to TV dramas in Internet cafes right to network dissemination of information by the film with co-management, the copyright holder can not "in the contract agreed period of time to exercise or permit others to exercise their contract by the copyright collective management organizations to exercise rights. " Wang moved explained: "This means that, in this case, only the shadow of the Association can legally grant permission to the Internet and user fees."
However, Sun flag is that the Internet should not be charged objects. "Internet cafes is 'to provide Internet access services' place of business, by the bandwidth and Internet sites to collect access fees, not to charge for content, not to play the movie to profit."
Association of Internet cafes in Beijing two years ago, has issued a written proposal to the city's Internet cafes, Internet Initiative provided through the online watch films and television shows. "Beijing Internet cafes in the current bandwidth of about 20MB to 30MB, can meet online to watch, it has become an inevitable trend." Sun, Qi said, "So, the real impact of the fees the Association object on the Internet this one, it should be video sites, they are the ones to rely on video content to achieve profit. "
"Charges" the fate of the film to promote the collective management of copyright, this newspaper will continue to focus.
The reporter intern reporter Luqian Wen Yin Wang
[Correspondent] Notes
Free movie "Feast" coming to an end, paying to see movies a foregone conclusion.
However, the "charges" Ship Even Sank, not in the short term to achieve the vision to protect film copyrights, but in the interests of the game and rule-making has met with embarrassment, stalled. Will the future of China Film Copyright Protection a new turn, depends on the ultimate multi-game confusion over whether to give the real answer.
Concerned about the film rights fees, in essence, concern is China's IPR protection, concern is the future of Chinese film. Sincerely hope that the implementation of the provisions, allowing China's film really deserve protection, so that piracy is no longer a matter of course exist.
[Link]
The film was co-published standard fee charged to use
■ Network: within two years from the premiere of the film the basic minimum royalties of $ 100,000 / units / year.
■ Internet: the daily use fee: Computer Internet hourly fees total × × 7.5%.
■ Video-on-demand: basic fee for each click of the end-user price × 33.3% × number × 10%.
■ planes and trains: The annual use fee for each film -50000 yuan to 2,500 yuan.
■ Shipping: annual use fee per film of $ 800 -11 000 yuan.
■ Coach: copyright royalty fee per vehicle per year -500 365 yuan RMB.
■ non-profit local area network: each unit (500 terminals) per year to use the film's copyright fee $ 100.
■ audio-visual products rental: rent point system per year for each rental films received royalties of $ 200.
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