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Protecting Musical Creativity: Key IP Considerations for the Music Industry in China

  • News blog
  • 29 April 2025
  • European Innovation Council and SMEs Executive Agency
  • 4 min read

 

Written by Ms Lisa Lu, IP Expert of the China IP SME Helpdesk

As the global music industry becomes increasingly digital and interconnected, protecting intellectual property (IP) rights remains a critical priority—especially for musicians expanding into new markets like China. In celebration of World Intellectual Property Day 2025, the China IP SME Helpdesk highlights the main IP challenges facing musicians in China today, offers practical tips for safeguarding music rights, and showcases the support initiatives available for international artists.

Main IP Issues and Threats in China

Despite significant progress in IP protection over recent years, musicians operating in China still face several challenges:

  • Piracy and Unauthorised Distribution
    Although Chinese authorities have stepped up enforcement against piracy, unauthorised copies of music and counterfeit products continue to circulate widely, both online and in physical markets. A new area of concern is the rise of unauthorised AI-generated music, adding complexity to enforcement efforts.
  • Challenges in Copyright Enforcement
    The enforcement of copyright laws remains inconsistent across different cities and provinces. Foreign rights holders often find the process time-consuming and resource-intensive. The increasing presence of unauthorised AI-generated content further complicates matters, with no clear legal rules yet established around ownership and liability.
  • Difficulties in Fair Distribution of Royalties
    Musicians in China have long advocated for a more equitable distribution of royalties. Issues such as a lack of transparency in royalty reporting, the dominant market position of major online platforms, and limited awareness of licensing obligations continue to affect creators’ earnings.
  • Limited Access to International Platforms
    Popular international music streaming platforms, such as Spotify, have limited reach in China. As a result, musicians must rely on local platforms, which often have different approaches to IP protection and royalty distribution.

Top 3 IP Tips for Musicians

For musicians planning to distribute or perform their work in China, the following IP strategies are highly recommended:

  • Timely Register Your IP in China
    While copyright protection is automatic under the Berne Convention, registering your music—including lyrics, compositions, and recordings—with the China Copyright Protection Centre (CCPC) provides crucial legal evidence in disputes. It is also advisable to register your artist name and logo as trade marks in China to prevent potential piracy. Working with local IP experts can help navigate the registration process effectively.
  • Regularly Monitor and Enforce Against Infringement
    It is important to actively monitor digital platforms for unauthorised copies, including AI-generated covers. Familiarising yourself with notice-and-takedown procedures can help remove infringing content more quickly. Additionally, for cases of online copyright infringement, Internet courts in China offer a streamlined and efficient legal process.
  • Take Measures to Ensure Fair Royalties
    Musicians should verify that the platforms they work with hold valid licenses for music distribution. Royalties from public performances—such as those in bars, hotels, or live events—should be collected through organisations like the Music Copyright Society of China (MCSC) or the China Audio-Video Copyright Association (CAVCA). It is also important to note that cover versions uploaded on platforms require mechanical licenses from MCSC. Seeking professional advice when negotiating licensing agreements is strongly recommended.

Support Initiatives for Musicians in China

Several local initiatives and organisations are in place to support musicians and creative industries:

  • Collective Management Organisations
    • The Music Copyright Society of China (MCSC) manages composition rights and collects royalties for public performances and broadcasts.
    • The China Audio-Video Copyright Association (CAVCA) manages sound recording rights and collects royalties from streaming and downloads.
  • Local Incentives for European Musicians
    • The Shanghai Pilot Free Trade Zone (FTZ) offers a reduced corporate tax rate of 15% for EU music ventures establishing an entity within the zone.
    • The Sino-EU Film and Music Co-Production Fund provides grants covering up to 40% of production costs in China, subject to certain criteria.
    • The Guangdong-Hong Kong-Macao Cultural Fund offers grants ranging from RMB 500,000 to 2,000,000 for EU artists collaborating with musicians in the Greater Bay Area.

 

Protecting creative work is essential to ensuring long-term success in China's vibrant and competitive music market. With careful planning, proactive IP management, and the support of local initiatives, European musicians can navigate these challenges and fully enjoy the opportunities that China’s dynamic music scene has to offer. To receive tailored advice, you can book a one-on-one meeting with our IP Business Advisors here or submit your questions directly to questionatchina-iprhelpdesk [dot] eu (question[at]china-iprhelpdesk[dot]eu).

The China IP SME Helpdesk is an initiative funded by the European Union and provides free and confidential support to help EU entrepreneurs and creative professionals navigate intellectual property challenges in China.


 

Details

Publication date
29 April 2025
Author
European Innovation Council and SMEs Executive Agency