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Qian, Wang --- "On ‘retransmission’ in the China Copyright Law: a commentary on recent cases and the draft amendment of the China Copyright Law" [2017] ELECD 353; in Shi, Jichun (ed), "Renmin Chinese Law Review" (Edward Elgar Publishing, 2017) 231

Book Title: Renmin Chinese Law Review

Editor(s): Shi, Jichun

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781786434302

Section: Chapter 11

Section Title: On ‘retransmission’ in the China Copyright Law: a commentary on recent cases and the draft amendment of the China Copyright Law

Author(s): Qian, Wang

Number of pages: 21

Abstract/Description:

In the China Copyright Law, the provisions on both copyright owners and broadcasters use the term ‘retransmission’ without definition. Controversies arise on whether the term could cover all types of new ways of communication. This chapter argues that based on the Berne Convention, the term ‘communication by wire or by rebroadcasting’ in the provision on the ‘right of broadcasting’ in the China Copyright Law should cover retransmission not only by wire but also by wireless means. Since the same term should have the same meaning in the same article of a law, the term ‘wire’ in the provision of ‘right of broadcasting’ and ‘right of communication through information network’ should have the same meaning to cover retransmission by the internet. The right of retransmission granted by the China Copyright Law to broadcasters is intended to cover traditional wireless retransmission and cable retransmission. It is not well grounded to extend the scope of the term ‘retransmission’ in the provision of the right of broadcasters to cover retransmission by the internet due to the lack of a new international treaty granting stronger protection to broadcasters and because of the controversies on this issue in the international community. Keywords: right of broadcasting, right of broadcasting organization, right of rebroadcasting, retransmission by the internet