To strengthen control over the circulation of music in the cyber world, especially foreign material, a new regulation was published by China's Ministry of Culture yesterday. The regulation specifies that any imported music available on the Chinese web should be approved and registered with the ministry.
The ministry's "Several Opinions on Network Music Development and Administration" was made public for the first time on Monday. According to the regulation's definition, Network music refers to the digital music products which circulate on wired Internet or wireless mobile communication networks.
Network music includes two parts. One is online music provided by telecommunication network service providers which can be downloaded and played from the Internet. The other is wireless music provided by network operators through the Wireless Value Added Service and can be accessed by cell phone.
The regulation states that Internet foreign music import businesses will be managed by Internet cultural units or websites approved by the Ministry of Culture. Anyone broadcasting imported net music without official approval will be investigated by the ministry, and punished according to law by the telecommunication administrative authorities.
Any home produced music which is to be published and circulated only on Internet should be submitted to the ministry to keep on record.
Required registration materials for such net musical production include the certificate of original copyright, copies of information transmission rights authorization as well as program CD-Rs with lyrics in English or Chinese.
The regulation is also strict on market entry and strengthens the administration of content. Those wishing to devote themselves to cyber music production must have an Internet culture operation license issued by the ministry. Foreign funded Internet culture operators aren't permitted.
The Opinions also explain that web music enterprises shall also review and be careful about free and non-commercial musical products which have been imitated, covered, self-created and performed by netizens in order to create a healthy Internet environment and result in a positive net culture.
The ministry requests that any musical production already on the Internet or those to be published and circulated on Chinese websites be submitted for review by March 1, 2007 according to the new regulation.
The Opinions say that the Internet's music market development goals are: encouraging original folk music creation and healthy Internet music; avoidance of disgraceful creations; regulation of the web music market; protecting IPRs; improving administrative systems and enhancing Internet music enterprises' abilities in market competition; making a number of net folk music brands with Chinese styles and international influence.
Several of China's best known music downloads websites, 9sky, Sogua, A8 and Tyfo could face investigation and lawsuits.
Many netizens began making their own, low cost music and distributing it via the Internet. Two popular net songs from last year Mice Love Rice and Pig's Song earned 40 million yuan through net downloads, record sales and commercial deals in less than a year.
It was reported in May that Liu Guoxiong, president of China Audio & Video Association, said the country's digital music industry grossed 3.6 billion yuan in 2005. However, only 20-30 out of 7,000-8,000 music websites have legal authorization to provide downloads in China, an official from the Ministry of Culture told the Law Evening Post in mid-November.
In early November, the ministry held a small meeting at Sina.com's building with executives from Baidu, Yahoo, Kong and the Copyright Union of the Internet Society of China to discuss the new regulation's draft. Industry insiders doubted the regulation's feasibility at that time.
(China.org.cn by Zhang Rui, December 12, 2006)
