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UPDATED: August 1, 2007  
The "Eight Important Things" in Copyright Export, CBI Report Reviews
Copyright trade and co-operative publishing should be given a key position and priority in implementing the "going overseas" strategy
By ZHANG HONGBO
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4. Learning about the demand is very important

The largest problem at present for China to export copyrights is the inadequacy of information. We know what foreigners have and what we need but are unaware what foreigners need and what we have that can be recommended to them. In practice, we often act on a self-centered basis to recommend books to foreign publishers according to our own likes or dislikes and our own needs. In fact, market demands in different countries vary and different publishers' needs vary. And these needs change along with the changes in market conditions and in different times, although they also appear stable in terms of the scope of publishing. When recommending the themes for books to be published, the focus should change for different institutions in different countries. Though so many years have passed since China began the reform and opening-up drive, a fairly large number of publishers still know little about foreign countries' laws and regulations on publishing, their publications and the state of business operation in their publishing industry.

5. Foreign communication channels are very important

Besides inadequacy of infor-mation, selection of the right channel for foreign communication is also a problem in China's export of copy-rights. Major and will-known publishing houses generally have long-term co-operation partners. For small and medium-sized publishing houses, choosing a noted agency of good credit is a good way to export copyrights. Large agencies generally have stable channels for communicating with foreign partners, have a team of experienced, professional copyright managers and have mature business procedures and operation modes. Most importantly, they have strong abilities for international coordination. Recently, the China Copyright Agent Company, the first of its kind in China, succeeded in exporting the copyrights of Yu Dan's Understanding of Zhuangzi, The Rise of Big Powers and seven other books to the Republic of Korea, and exporting the copyright of Shaolin Kungfu to Russia. These examples demonstrate the strength and capability of a national-class copyright agency in conducting foreign trade of copyright. A correct selection of the channel for foreign communication means a 50 percent success in the trade of copyright.

6. Using import to stimulate export is very important

China imports large amounts of copyrights from overseas every year. Those publishing houses with good performance in copyright trade all have regular overseas partners. Many large-scale foreign publishing companies have realized the Chinese market's potentiality in growth. They have all set up offices or publishing agencies in China, or participate in competition in the Chinese market by way of copyright trade or co-operation in publishing. Therefore, publishing houses that have achieved successes in domestic trade of copyright could well push Chinese copyrights to their foreign partners tactfully when importing foreign copyrights.

7. Negotiation skills are very important

Negotiation skills are the key to success in copyright trade. The result of a negotiation is not only the signing of a contract but, more important, the realization of dual wins. To develop skills for negotiation, one needs to draw lessons in participating in lots of negotiations and pay attention to understanding the counterpart; especially, one needs to learn to control the proceeding of negotiation. As the first step, one has to make a reasonable assessment and rational judgment of the copyright to be sold; as the second step, one should acquire information about the counterpart's credibility, market demand and experience in publishing books of kind involved in the negotia-tion; the third step, draft a feasible plan for the negotiation, which leaves room for both advance and retreat, which sets proper limits for gaining and giving; and which takes into consideration both social and economic benefits. The copyright tax rate, number of prints, publication date, affiliated rights and social effects should be considered in a comprehensive manner. Negotiation should be conducted with each link following the prior one and each step taken in a cautious manner. Meanwhile, one should follow the game rules in the trade and maintain trustworthy to avoid ill-intended competition.

8. Details of contract are very important

A contract is the result of compromises between the two parties. In copyright trade, both parties aim at dual wins as well as certain self-decision right and some leeway for each party. When signing a contract for exporting copy-right, one needs to watch these details: the type of the granted right, the authorized foreign language, the area for circulation, the time of publishing, the method to check the quantity of circulation and sales, etc. At the same time, the wording in the contract should be precise without ambiguity; each party's rights, obligations and responsibilities should be defined clearly.

Of course, the first thing that has to be settled is the relationship with the Chinese author, i.e., the problem of authorization. Without the author's authorization or when the publishing contract does not explicitly state that the publishing house has the right to assign the right to other parties, the publishing house has no right to assign or sell the copyright to a third party.

If Chinese publishing institutions can give enough attention to the aforementioned "eight important things" and competent government departments can materialize their promised financial aid to translation, China's export of copyrights will definitely pick up.

(CBI Report July 31, 2007)

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