Chapter I General Provisions

Article copyright collective management activities in order to regulate, facilitate copyright owners and copyright-related rights (hereinafter referred to as the right person) the exercise of rights and users use the work, under the "Copyright Law" (hereinafter referred to as the Copyright Law) the enactment of this Ordinance .

Article copyright collective management of the Regulations, the term refers to the rights of copyright collective management organizations through the authorization of a concentrated exercise of rights holders and the rights of their own in the name of the following activities:

(A) and the users make the copyright or rights related to copyright licensing contract (hereinafter referred to as licensing contracts);

(B) user fees to users;

(C) the right of people to turn to pay royalties;

(D) relating to the copyright or the rights of copyright-related litigation and arbitration.

Article III of the Regulations, the term of copyright collective management organization, refers to the interests of the legally established right, under the authorization of the right, for the owner of copyright or rights related to copyright collective management of social organizations.

Copyright collective management organization should be registered in accordance with the relevant social groups of administrative regulations and the provisions of this Ordinance, the registration and activities.

Article copyright law of the performing rights, right of projection, broadcast rights, rental rights, the right to network dissemination of information, copy rights and other rights holders can not effectively exercise their rights, by the collective management of copyright collective management organizations.

Article copyright management of the State Council department in charge of copyright collective management of the country.

Except in accordance with article VI of the provisions of this Ordinance, the establishment of copyright collective management organization, no organization or individual shall not engage in copyright collective management activities.

Chapter II Establishment of Collective Management of Copyright

Article shall enjoy the copyright or copyright-related rights of Chinese citizens, legal persons or other organizations, can initiate the establishment of copyright collective management organization.

The establishment of copyright collective management organization shall meet the following conditions:

(A) initiated the establishment of the rights of copyright collective management organizations not less than 50;

(B) not have been legally registered with the copyright collective management organizations, business cross, overlap;

(C) can be related across the country on behalf of the interests of rights holders;

(D) copyright collective management organizations, the draft constitution, the draft standards and the use fee charged to switch to the right of people to pay user fees approach (hereinafter referred to as user fees to pay way transfer) Bill.

Article VIII of copyright collective management organization shall specify the following matters:

(A) name, domicile;

(B) the purpose;

(C) business;

(4) organizations and their functions;

(E) the minimum number of members of the General Assembly;

(Vi) The Council's duties and the Council is responsible for the human condition and the production, removal procedures;

(Vii) management fees extraction, using the method;

(8) members join and leave the conditions of the copyright collective management organization and procedures;

(I) amend the articles of association;

(10) copyright collective management organization to terminate the conditions, procedures and disposal of assets upon termination.

Article copyright collective management organizations for the establishment, shall be submitted to the State Council administrative department of copyright regulations that comply with the conditions specified in Article VII of the material. The State Council administrative department of copyright shall be the date of receipt of materials within 60 days to approve or not approve the decision. Approved, the issue of copyright collective management license; not approved, reasons shall be explained.

Article applicant shall the State Council administrative department of copyright collective management of copyright licenses issued within 30 days, in accordance with the Registration of Social Organizations of the administrative regulations to register Ministry of Civil Affairs.

Article legally registered copyright collective management organization, from the Ministry of Civil Affairs issued shall be registered within 30 days from the date of the certificate, registration certificate of vice newspaper its copyright administrative department for the record the State Council; the State Council administrative department of copyright shall be reported copy of the certificate of registration and Articles of Association of copyright collective management, user fees charged, and use the transfer fee to pay for ways to notice.

Article XII of copyright collective management organization to set up branches, should be the copyright management department of the State Council for approval and registration of social organizations in accordance with the management of administrative regulations to register Ministry of Civil Affairs. Registered according to law, it shall be a branch registration certificate PRC State Council Vice copyright management department, the copyright administrative department under the State Council shall be announced.

Article XIII of copyright collective management organization should be based on the following factors in developing the standard royalty fee:

(A) the use of works, audio and video products such as time, manner and geographical scope;

(B) the types of rights;

(C) a contract for licensing and collection of tolls degree of sophistication of the work.

Article XIV of copyright collective management organization should be based on the rights of the works or other use of audio and video products developed using the charge transfer payment method.

Article XV of copyright collective management organizations, charter amendments, the draft amendment of the regulations should be the copyright management department of the State Council approval, and according to the law approved by the Ministry of Civil Affairs, the copyright management by the State Council shall be announced.

Article XVI of copyright collective management organization is revoked registration from the date of registration is revoked shall not be copyright collective management operations.

Chapter III Copyright collective management organizations, agencies

Article XVII General Assembly of copyright collective management organization (hereinafter referred to as members of the General Assembly) for the copyright collective management organization authority.

General Assembly by the Council convened in accordance with the provisions of this Ordinance. Council shall convene the Annual General Meeting 60 days before the meeting time, place and issues to be considered shall be published; to attend general meetings of members, should be at the meeting on the 30th before the application. Registration of members present is less than a member of the General Assembly of the minimum number of statutes, the Board shall be announced member of the General Assembly of the enrollment situation, members can at the meeting on the 5th before the supplementary registration, registration by all members attending the General Assembly held in General Assembly.

General Assembly shall exercise the following powers:

(A) the formulation and amendment of the constitution;

(B) the formulation and revision of the toll collection standards;

(C) develop and modify the approach to pay user fees to switch;

(D) election and removal of directors;

(E) Consideration of approval of the Council's work report and financial report;

(Vi) develop an internal management system;

(7) decided to use the transfer fee paid programs and copyright collective management organizations extract the ratio of management fees;

(H) decide on other important matters.

General Assembly meets once a year; by 10% or more members or the Council proposed to convene a provisional member of the General Assembly. General Assembly decision, shall be subject to a majority of members present at the meeting vote.

18th Article copyright collective management organization set up a council of members of the General Assembly is responsible, an executive member of the General Assembly. Council members not less than 9.

Council office for 4 years, term of office shall be a general election. Due to special circumstances in advance or delay can be general, but general extension may not exceed 1 year.

Chapter copyright collective management activities

19th of rights of people with copyright collective management organization to enter into a written contract of copyright collective management, authorization of the organization enjoyed its copyright law or the rights related to copyright management. Rights met the statute established conditions for accession, the copyright collective management organization should be made with copyright collective management of the contract, shall not refuse.

Rights holders and copyright collective management organization of copyright collective management contract entered into and perform the appropriate procedures required by the statute, it becomes the copyright collective management organization members.

Diershitiao rights holders and copyright collective management organization of copyright collective management contract entered into after the contract period shall not exercise or permit others to exercise their contract by copyright collective management organizations to exercise their rights.

Article 1 the right people can follow the procedures stipulated in the constitution, out of copyright collective management organization of copyright collective management contract termination. However, the copyright collective management organization has entered into licensing contracts with others, and before the expiry of the contract to continue effective; the contract period, rights holders are entitled to the appropriate licensing fee and can access their business materials.

Twenty-two foreign nationals, stateless persons and China by copyright collective management organization representatives to enter into reciprocal agreements with sister organizations abroad, authorized by the copyright collective management organization in China to manage their law in China enjoy copyright or copyright-related rights .

The term mutual representation agreement means Chinese copyright collective management organization and similar organizations outside the authorized each other in their national or regional collective management activities of the agreement.

Copyright collective management organization and similar organizations outside the agreement entered into between representatives of the State Council shall be the copyright management department, the copyright administrative department under the State Council shall be announced.

Article 3 of copyright collective management organization permit others to use their management work, audio and video products, etc., should be concluded in written form with the user permission to use the contract.

Copyright collective management organization shall not enter into exclusive licensing contract users.

Reasonable conditions require users to copyright collective management organization contract for licensing, copyright collective management organization shall not refuse.

Licensing contract shall not exceed 2 years; contract expires to renew.

Article 4 of copyright collective management organization should establish the right to information query system for right holders and users query. Right to information query system should include the management of copyright collective management organizations the right type and works, audio and video products, such as name, right name or the name of the authorized period of administration.

Rights and the users of copyright collective management organization and management of information rights of consultation, the organization should be answered.

The twenty-five, unless the Law Article 3, the third 12 second paragraph, third 19 third paragraph, fourth 12 the provisions of the second article 43 should be paid royalties, the Copyright Collective management organizations should be under the State Council, announced the use of copyright management fee collection standards for the collection of tolls and user agreement specific amount.

Article 6 two or more copyright collective management organization using the same method to the same fees charged to users could be negotiated in advance by the copyright collective management organization of which a uniform charge. Unified collection of user fees in the copyright collective management organizations through consultation between the allocation.

第二 17 users pay to the copyright collective management organizations use time-consuming, should provide the use of works, audio and video products such as the name, the right to use the name or the name and the manner, quantity and time of such use; Licensing Contracts unless otherwise agreed.

Users concerning the use of trade secrets relating to the user, the copyright collective management organizations have a duty of confidentiality.

28th a copyright collective management organizations collect royalties from the extract a certain percentage as a management fee for the maintenance of its normal business activities.

Extraction of copyright collective management organization should increase as the proportion of management fees increased use of fee income declined.

29th a copyright collective management organization charged user fees, management fees in the extract, the transfer should be paid to all the right people, not used for other purposes.

Assignment of copyright collective management organizations use fees, royalties should be prepared to pay record transfer. User fees to pay record transfer fee should be set out using the total amount of management fees, the right name or the name of the works or sound recordings or video recordings of the name, the use of, turn to the right of people to pay the exact amount of royalties and other matters, and should be preserved for more than 10 years.

Chapter V on the supervision of Collective Management of Copyright

The third 10 copyright collective management organization shall establish financial, accounting and asset management system, and in accordance with relevant state regulations establish its account books.

31th copyright collective management organization and financial management of the assets using the copyright management department of the State Council and the supervision of the civil affairs department.

Copyright collective management organization should be the end of each fiscal year, prepare a financial accounting report, commissioned the accounting firm shall audit, and publish the audit results.

32th a copyright collective management organization should record the following matters for the rights and user access:

(A) the use of work permits;

(B) the collection and transfer user fees to pay the situation;

(C) extraction and use of management fees.

The right people the right to access, copy, copyright collective management organization's financial report, work reports and other business materials; copyright collective management organization should be facilitated.

33rd of rights of people think that copyright collective management organization, one of the following circumstances, the copyright administrative department to the State Council Report:

(A) the right of people to join meet the conditions stipulated in the constitution copyright collective management organization for membership, or membership in accordance with procedural requirements stipulated in the constitution out of copyright collective management organizations, copyright collective management organization rejected;

(B) of the copyright collective management organization is not in accordance with the requirements to collect, transfer pay user fees, or not in accordance with the provisions of extraction, use and management fees;

(C) the right of people to request access to the thirty-second article of this Ordinance, the records, business materials, copyright collective management organization refuses to provide.

34th users that copyright collective management organization, one of the following circumstances, the copyright administrative department to the State Council Report:

(A) violation of copyright collective management organizations for refusing the provisions of Article 3 and the user entered into licensing contracts;

(B) of the copyright collective management organization does not use the fees collected under the notice standard user fees agreed upon the specific amount;

(C) of the user to request access to thirty-second article of this Ordinance, a record, copyright collective management organization refuses to provide.

35th of rights and users of other citizens, legal persons or other organizations that the copyright collective management organization acts in violation of the regulations, may report to the State Council administrative department of copyright.

36th copyright management department under the State Council should be receiving the report, to report within 60 days from the date of the Report, to report the matter to investigate and enforce the law.

37th copyright administrative department under the State Council may adopt the following approach to the copyright collective management organization to supervise and monitor activities should be recorded:

(A) check the copyright collective management organization's business activities in line with the provisions of this Ordinance and its constitution;

(B) verification of copyright collective management organization's accounting books, annual budgets and final accounts and other related business materials;

(C) copyright collective management organizations also attend the General Assembly, the Council and other important meetings.

38th a copyright collective management organization should be according to law Ministry of Civil Affairs and other relevant oversight.

Chapter VI Legal Liability

39th a copyright collective management organizations, one of the following circumstances, the copyright administrative department under the State Council shall order correction:

(A) in violation of the provisions of Article 2, not made with similar organizations outside of the mutual agreement of the State Council on behalf of the copyright administration departments for the record;

(B) violation of the provisions of Article 4, does not establish the right information query system;

(C) not use the fees collected under the notice standard user fees agreed upon the specific amount.

Copyright collective management organization administrative rights beyond the scope of business rights of persons, by the State Council administrative department of copyright shall be ordered to correct its license with the user entered into the contract null and void; to the right holder, user damage, shall bear civil liability.

Fourth 10 copyright collective management organization, one of the following circumstances, the copyright administrative department under the State Council shall be ordered to correct; it fails to do, and ordered members of the General Assembly or the Council's authority under the provisions of this Ordinance, remove or dismiss the officers directly in charge:

(1) violation of Article XIX of this Ordinance and the right to refuse to enter into copyright collective management contract, or in violation of the provisions of Article 1 of the members for refusing to withdraw from the organization's request;

(B) violation of the provisions of Article 3 provides that the user refused to enter into licensing contracts;

(C) in violation of the Ordinance provides that the 28th extract management fees;

(D) violates the provisions of Article 29th turn to pay royalties;

(E) refuse to provide or providing false accounting books, annual budgets and final accounts report or other related business materials.

第四十一条 copyright collective management organization from the Ministry of Civil Affairs issued certificates of registration of more than 6 months from the date of launch is not without justification of copyright collective management activities, or a continuous suspension of copyright collective management activities of more than 6 months, copyright management by the State Council revoke the copyright collective management license, registration revoked by the State Council departments of civil affairs.

42nd a copyright collective management organizations engaged in profit-making business activities, from industrial and commercial administrative departments shall confiscate the illegal income; constitute a crime shall be held criminally responsible.

43rd violation of this Ordinance the provisions of 17, the user can provide information on the use of refuse, or provide information when the use of fraud, the State Council shall order the correction of the copyright management; copyright collective management organization may suspend the license use the contract.

44th The unauthorized establish copyright collective management organizations or branches, or engaging in copyright collective management activities, the State Council or the copyright management department of civil affairs in accordance with the division of responsibilities confiscate the illegal income; constitute a crime shall be held criminally responsible.

45th in accordance with the provisions of this Ordinance for approval of copyright collective management organizations and supervision organs of state administration who neglects his duty, abuse of power, such person commits a crime shall be investigated for criminal responsibility; not constitute a crime according to law action.

Chapter VII Supplementary Provisions

46th These regulations have been established before the enforcement of copyright collective management organizations, shall be the date of commencement of this Ordinance within 3 months, to its charter, the use fee collection standards for the transfer to pay the toll measures and other relevant materials to the State Council copyright management audit, and similar organizations abroad made with mutual agreement of the State Council on behalf of the copyright management department.

47th in accordance with Article 3 of the Copyright Law, the third 12 second paragraph, the 39th through article using the works of others, not with the "PRC Regulations for the Implementation of the Copyright Law," the thirty-second article requirement to pay royalties to rights holders, and should be used together with the postage costs and the use of works sent to management-related rights of the circumstances of copyright collective management organizations, by the copyright collective management organizations will use the transfer fee paid to rights holders.

Transfer fee paid for use of copyright collective management organization should establish the use of search system works for the rights holders, users query.

Transfer fee paid for use of copyright collective management organizations may receive royalties from the extraction of management fees, management fees in accordance with the General Assembly decided that the collective management organizations by half the proportion of management fees extracted. In addition to a management fee, the copyright collective management organization may not receive royalties from any other fees extracted.

These regulations since the 48th March 1, 2005 shall come into force.
 

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