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Kara- "NO" - Ke
As lawsuits mount, and concern grows in Beijing over the future of intellectual property in China, it would appear that the jig may soon be up for China's copyright shy KTV booths.
According to announcements from the Chinese Ministry of Culture, Beijing is about to embark on on a number of 'field trials' of an experimental “unified karaoke royalty fee system”, designed to ensure that KTV bars pay to use copyrighted material.
Today?
As things stand, most of China's KTV bars maintain their own music libraries, and can simply extend them indefinitely by purchasing new Karaoke VCDs, or downloading pirate tracks from the internet. Making it very difficult to police them, and almost impossible to ensure that they pay copyright fees.
What payment schemes exist largely focus on charging a flat fee based on the size a bar, and do not unnecessarily reflect its actual use of copyrighted material. Particularly if it is unusually busy.
Tomorrow?
However, under the proposed system, KTV bars will no longer be allowed to maintain their own music libraries.
Instead, they will required to subscribe to a centralized catalog of Karaoke tracks, and to participate in a copyright fee recovery scheme that charges them a more representative fee.
| | "The system contains a list of songs that are copyright approved and it can record how many times a song is ordered, indicating how much copyright-holders should be paid,"
Liang Gang, Ministry of Culture, China | |
The system will not only ensure that artists and record labels are compensated by KTV bars that use their songs, but also that unscrupulous KTV bars cannot 'muddy the waters' honest bars, by refusing to pay for the music that they play.
| | "We've been looking forward to having a legal organization collect the copyright fee for all the music users. Without it, there have always been law cases going on between clubs and record companies. We really hope this new system will charge reasonably while having no effect on consumers."
Zhu Jun, Deputy Secretary General, Shanghai Culture and Entertainment Industry Association (and a KTV bar owner), China | |
According to Xinhua, the system will initially be trialled the scheme in three metropolitan cities; Wuhan, Zhengzhou and Qingdao. If proves to be effective, it is hoped that it will then be extended nationwide.
| | "We'll select about 20 clubs from the over 600 ones in Wuhan for trial and cover them all by early next year."
Wang Guohua, Director, Cultural Market Development Center | |
As yet, it remains unclear how the sceme will cope with foreign owned KTV tracks.
Issues?
Though welcomed by the music industry, a number of questions have been raised about the scheme, both in its operations, and its feasibility.
Cashing In
Although the scheme should guarantee that payments are made for the use of songs, there are, at present, two competing payment structures.
The first of these structures proposes that KTV establishments pay a pre-determined fee – Based on their capacity and volume of trade (number of rooms booked per night) - that will grant them unlimited access to all songs on the catalog on an equal basis with revenue being divided among the artist on the catalog.
This scheme is backed by China's National copyright Association and would be the simplest to put in place. However, it would not significantly distinguish between popular and unpopular artists or allow a precise distribution of revenue to the artists included in the catalog.
The second of these structures is supported directly by the Chinese Ministry of Culture, and proposes that KTV establishments should be given free access to the catalog, but should pay a fixed fee for each individual song played.
| | “The NCA insists bar operators should pay on the basis of business volume, while the Ministry wants operators to pay according to the number of times a song is ordered”
Wang Huapeng, Spokesperson, China Audio-Video Management Collective, China. | |
Although the MoC scheme would be far more difficult to implement, it would distinguish between the songs being played, and would allow copyright fees to be distributed to artists and label based on their individual popularity. Allowing the most popular artists a fairer share of the profits. It would also allow independent charging to be put in place for foreign KTV tracks which, potentially, have uch higher copyright fees than domestic Chinese tracks.
Yesterdays News?
The second of the big questions question regarding the system's feasibility revolves around its potential to become outdated. With new songs being released on a daily basis, questions being asked about how quickly the a centralized KTV system would be updated to include the latest tracks, and whether each individual KTV would be expected to add the tracks to their internal systems themselves, or have them distributed directly to them by Beijing.
| | "In terms of protecting copyrights, it's not completely senseless ... But it's difficult to put it into practice. How can they make sure they have the latest hits in the database?"
Miao Di, Professor, Communication University of China, Beijing | |
Tojan Horse?
Although the KTV scheme is being billed as a copyright protection initiative, and has many supporter within the music industry, news that Beijing is taking an interest in KTV bars been greeted with extreme suspicion by some.
As such, China watchers have expressed alarm, though not surprise, at the news that the catalog of songs at the heart of the system will be subject to state censorship.
| | "[To ensure that standards are maintained] the songs in the database for use by karaoke parlours and consumers need to be censored"
Liang Gang, Ministry of Culture, China | |
In this light, China watchers have voiced that experimental KTV fee system may actually serve a duel purpose:
1) To regulate payments for songs played in KTV bar
2) To regulate the songs themselves.
| | "They say it's for intellectual property rights protection, but it could be censorship in another form.
Zhang Xingshui, Director, Beijing Kingdom law firm, China | |
Unusually, China watchers views appear to be backed up by statements made by the Chinee government, which seem to list copyright protection as a secondary issue to direct media censorship.
| | "This action is aimed at preventing unhealthy songs from becoming karaoke and will gradually solve the copyright contradictions between record companies, artists and karaoke operators,"
Ministry of Culture, China | |
Beijing already employs heavy censorship on all forms of media in China and has, over the last 5 years, enacted numerous laws and scheme in order to reduce the risk of Chinese citizens being exposed to ideas, images, and concepts, that have not been approved by the state.
Hidden Goalposts?
While Chinese officials have publicly confirmed that the list of songs available to the Karaoke bar will be subject to state censorship, Beijing has not to reveal the benchmarks that it will use to choose which songs will be included, and which songs will be excluded, from the list.
Instead, Beijing reviled only that the list of approved music would not contain songs that it considered to be "unhealthy".
Such a response is traditional for the Chinese Government.
Though the criteria for the approved song list have not been made public, China watches and media analysts have put forward a number of categories of song which would likely to be excluded from the list of approved songs. Including:
- Songs that contain sexually suggestive or explicit lyrics
- Songs sung to sexually suggestive or explicit videos
- Songs containing political or semi-political lyrics or themes
- Songs advocating an increase in personal freedom or decrying a loss of personal freedom
- Songs advocating or supporting civil/social change or disobediences of parent, schools or other authority figures
- Songs referring or alluding to homosexuality
- Songs containing slang terms and phrases taken from regional Chinese dialects
- Songs containing slang terms and phrases taken from foreign languages
The list is based on known patterns of censorship for DVDs, music, radio shows and television programs over the last year in China.
Non-Disclosure?
As in many previous cases, Beijing has refused to make public the ground on which it will include/exclude tracks from its list of approved songs.
This is a known tactic of the Chinese government, which commonly regards its censorship benchmarks as states secret, and have acted to jail those who reveal the
This is done for several reasons
1) To prevent the public from scrutinizing Beijing's methods and motives
2) To create an 'air of ignorance' in which people will simply presume that Beijing is correct in its actions
3) To prevent appeal or outcries from being launched based on technicalities and 'second guessing' of Beijing's decisions
4) To prevent the act of censorship becoming a viable topic for discussion
5) To allow Beijing to censor for reasons that would not be publicly understood or accepted
6) To allow the censorship of things that Beijing wishes to promote as never having existed in the first place (for example, separatism and homosexuality), in situations where knowing that the topic was being censored would draw attention to the fact that said topic does, in fact, exist.
7) To force people to censor themselves for fear of attracting the attention of the censors through ignorance of the rules or censorship.
Additional Fears?
While concern have been raised the experimental KTV system may be used as a back door for censorship, they are not the only concerns that have been raised.
Indeed, observers have raised a number of additional fears. Most of which revolve around the possibility that the approved song as the heart of the system might be misused to the advantage/disadvantage of certain groups, or be used in ways that ' distort' the Mainland music market.
Such fears largely fall into three categories.
Corruption
Observers have warned that, unless sufficient safeguards are put in place, the list of songs approved for KTV bars could an easy target for unscrupulous official. Specifically, that a corrupt element might demand money from a label to ensure that their artists are included on the list, or that they might accept bribes form record labels to keep rivals off of the list.
Self Cenorship
Observers have voiced concern that an approved song list may be used by the state as a tool keep artists in line 'at all times', and have cautioned that artists may removal from the list if they expresses sentiment, or preform an action, that is not looked on favorably by the authorities. Even that sentiment or action is not mirrored in their songs. This comes tied into the concern that the list might be used to enforce a ' collective reprisal'. Meaning that an artist who 'falls foul' of authorities might risk having all of their songs removed from the list becaus eof a single song or sentiment, or that a label might have all of its artist removed from the list becaus eof the actions of a single artist.
Similar tactics have been used against Chinese writers for years. With many authors finding that all of the works have been banned from publication because they have expressed an certain opinion, or solidarity with a certain cause, outside of their witting, or because a single piece that they wrote clashed with government ideologies.
Artificial Market Bias
In addition to fears over corruption and self cenorship, analysts have cautioned that an approved song list could be used by the state to manipulate the music market for or against certain groups it.
For example, the approved song list might be used as a weapon against foreign artists (specifically those from Japan and America), or artists from Chinese-Taiwan and Hong Kong, to reduce their ability to compete effectively against Mainland Chinese artists. in much the same way as the ' approved film list' is cutrrently being used limit the entry of foreign films into cinemas.
Similarly, concerns have been raised that this tactic could also be deployed against artist from China's ethnic groups, or artists who put ethnic traits into their music. So as to ' encourage' singers to promote only Han culture.
Maintaining a Healthy Industry?
Though the prospect of having a government approved list of songs at the heart of KTV has been sharply criticized by some, the prospect that Beijing might act to impose nationwide standards on the songs available in Karaoke booths has not met with universal alarm.
Indeed, some observers have voice that the application of state mandated KTV standards could be an important step in maintaining KTV as a ' healthy' industry.
Most of these fields of though come on three fronts:
1) It would serve to better protect China's youth from 'undesirable influence' brought in by irresponsible musicians. Including elements that promote sex, drugs and violence, as well as lax foreign mores that have no place in modern Chinese society
2) It would help to prevent the dilution of China's dominant culture by foreign or ethnic music influences
3) It could be used to provide a 'more even playing field' for China's emerging artists and record labels. Allowing them to compete more effectively against establish foreign artists and multi-national music labels that have large budgets for promotion and distribution.
Such views are not unique to China, and echo views in more liberal western countries. Many of whom have faced calls for government intervention in at least one of these areas.
Examples of countries facing such calls include France: where there are calls for the music industry to promote 'an unbastardized form of the French language', and the US: were pro-family and conservative groups have long protested for official intervention to protect children from 'harmful messages' in Rap and Hip-Hop music (Among other musical forms). Which are stereotypically viewed as promoting promiscuity, drugs and violence against women.
| | "In many popular rap songs men glorify the life of pimps, refer to all women as they think a pimp would to a prostitute, and promote violence against women for 'disobeying.'"
The Exploitation of Women in Hip-hop Culture | |
As ever, opinions remain divided.
The numbers?
Although originally from Japan, Karaoke is one of the most popular pastimes in China. There are an estimated estimate 100,000 KTV bars in China, and the domestic industry is worth approximately $US5 Billion.
According to figures published by Xinhua, China's state controlled media agency, Chinese KTV have a total annual revenue of $US1.25 billion, and so should be paying at least $US1 Million in copyright fees. Original Article: Kara- "NO" - Ke
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