(Decree No. 429 of the State Council of the People's Republic of China on December 28, 2004) was issued in accordance with the Decision of the State Council on the Abolition and Modification of Certain Administrative Regulations on January 8, 2011 》Revised)
Chapter 1 General Provisions
Article 1 is to standardize Copyright collective management activities and facilitate These regulations are formulated in accordance with the Copyright Law of the People's Republic of China (hereinafter referred to as the Copyright Law) for the exercise of rights by copyright owners and copyright-related rights holders (hereinafter referred to as the rights holders) and the use of works by users. Article 2 The term “collective management of copyrights” as mentioned in these Regulations refers to the following activities in which copyright collective management organizations, authorized by the right holders, centrally exercise the relevant rights of the right holders and carry out the following activities in their own names: (1) Entering into copyright agreements with users or entering into copyright agreements with users. Relevant rights licensing contract (hereinafter referred to as the licensing contract); (2) collecting royalties from users; (3) transferring royalties to right holders; (4) conducting litigation involving copyright or copyright-related rights, Arbitration etc. Article 3 The term "copyright collective management organization" as mentioned in these Regulations refers to a social group established in accordance with the law for the benefit of the right holder, and based on the authorization of the right holder, to collectively manage the copyright holder's copyright or copyright-related rights. Copyright collective management organizations shall register and carry out activities in accordance with the administrative regulations on the registration and management of social groups and the provisions of these Regulations. Article 4 Rights stipulated in the Copyright Law such as performance rights, projection rights, broadcast rights, rental rights, information network dissemination rights, reproduction rights and other rights that are difficult for the rights holders to effectively exercise themselves can be collectively managed by copyright collective management organizations. Article 5 The copyright management department of the State Council is responsible for the collective management of copyright nationwide. Article 6 Except for copyright collective management organizations established in accordance with the provisions of these regulations, no organization or individual may engage in copyright collective management activities.
Chapter 2: Establishment of Copyright Collective Management Organization
Article 7: Enjoying copyrights in accordance with the law or being related to copyrights Chinese citizens, legal persons or other organizations with relevant rights may initiate the establishment of a copyright collective management organization. To establish a copyright collective management organization, the following conditions must be met: (1) There are no less than 50 rights holders who initiate the establishment of a copyright collective management organization; (2) There is no overlap or overlap with the business scope of a copyright collective management organization that has been registered in accordance with the law; ( 3) Be able to represent the interests of relevant rights holders nationwide; (4) Have a draft charter of a copyright collective management organization, a draft standard for collecting royalties, and a method for transferring royalties to rights holders (hereinafter referred to as the royalties transfer office)Law) draft. Article 8 The articles of association of a copyright collective management organization shall specify the following matters: (1) Name and address; (2) Purpose of establishment; (3) Business scope; (4) Organizational structure and its powers; (5) Minimum number of members for the membership meeting ; (6) The responsibilities of the board of directors and the conditions and procedures for the creation and removal of the person in charge of the board of directors; (7) The methods for withdrawing and using management fees; (8) The conditions and procedures for members to join and withdraw from copyright collective management organizations; (9) ) Procedures for amending the articles of association; (10) Conditions and procedures for the termination of copyright collective management organizations and the disposal of assets after termination. Article 9 To apply for the establishment of a copyright collective management organization, materials proving compliance with the conditions stipulated in Article 7 of these Regulations shall be submitted to the copyright management department of the State Council. The copyright management department of the State Council shall make a decision on approval or disapproval within 60 days from the date of receipt of the materials. If approved, a copyright collective management license shall be issued; if not approved, the reasons shall be explained. Article 10 The applicant shall, within 30 days from the date when the copyright management department of the State Council issues a copyright collective management license, go through the registration procedures with the civil affairs department of the State Council in accordance with the administrative regulations on the registration and management of social groups. Article 11 A copyright collective management organization registered in accordance with the law shall, within 30 days from the date when the civil affairs department of the State Council issues a registration certificate, submit a copy of its registration certificate to the copyright management department of the State Council for the record; the copyright management department of the State Council shall file the registration certificate. A copy of the certificate, the articles of association of the copyright collective management organization, the standard for collecting royalties, and the method for transferring royalties will be announced. Article 12 The establishment of a branch of a copyright collective management organization shall be approved by the copyright management department of the State Council and go through registration procedures with the civil affairs department of the State Council in accordance with the administrative regulations on the registration and management of social groups. If registered in accordance with the law, a copy of the registration certificate of the branch shall be submitted to the copyright management department of the State Council for record, and the copyright management department of the State Council shall make an announcement. Article 13 Copyright collective management organizations shall formulate usage fee collection standards based on the following factors: (1) The time, method and geographical scope of using works, audio and video products, etc.; (2) Types of rights; (3) Entering into licensing contracts and the complexity of collecting royalties. Article 14 The copyright collective management organization shall formulate methods for transferring royalties based on the use of the right holder's works or audio and video products. Article 15 When a copyright collective management organization modifies its charter, it shall submit a draft amendment to the copyright management department of the State Council for approval. After being approved by the civil affairs department of the State Council in accordance with the law, the copyright management department of the State Council shall make an announcement. Article 16 If a copyright collective management organization is deregistered in accordance with the law, it shall no longer carry out copyright collective management business activities from the date of deregistration.
Chapter 3 Organizations of Copyright Collective Management Organizations
Article 17 Members of Copyright Collective Management Organizations The General Assembly (hereinafter referred to as the General Assembly) is the authority body of the copyright collective management organization. memberThe general meeting shall be convened by the Board of Directors in accordance with the provisions of these Regulations. The Board of Directors shall announce the time, location and matters to be reviewed 60 days before the general meeting; members attending the general meeting shall register 30 days before the meeting. When the number of members who sign up to attend the general meeting is less than the minimum number stipulated in the articles of association, the board of directors shall announce the registration status of the general meeting. Members may make additional registrations 5 days before the meeting, and all members who have signed up to attend the general meeting shall hold the general meeting. The general meeting of members shall exercise the following powers: (1) formulate and amend the articles of association; (2) formulate and amend the standards for collecting royalties; (3) formulate and amend the methods for transferring royalties; (4) elect and remove directors; (5) review and approve The work report and financial report of the Board of Directors; (6) Formulate internal management systems; (7) Decide on the royalty transfer plan and the proportion of management fees extracted by the copyright collective management organization; (8) Decide on other major matters. The general meeting of members is held once a year; upon the proposal of more than 10% of the members or the board of directors, an extraordinary general meeting of members can be held. Decisions made by the general meeting must be approved by more than half of the members present at the meeting. Article 18 A copyright collective management organization shall establish a board of directors, which shall be responsible to the general meeting of members and implement the decisions of the general meeting of members. The number of board members shall not be less than 9. The term of the Board of Directors is 4 years. When the term expires, a general election shall be held. Due to special circumstances, the term change can be advanced or postponed, but the term change extension shall not exceed one year.
Chapter 4 Copyright Collective Management Activities
Article 19 Rights holders may cooperate with copyright collective management An organization enters into a copyright collective management contract in writing, authorizing the organization to manage the copyrights or copyright-related rights it enjoys in accordance with the law. If the rights holder meets the conditions for joining as stipulated in the articles of association, the copyright collective management organization shall enter into a copyright collective management contract with the right holder and shall not refuse to do so. After the rights holder concludes a copyright collective management contract with a copyright collective management organization and performs the corresponding procedures in accordance with the articles of association, he or she becomes a member of the copyright collective management organization. Article 20 After the rights holder concludes a copyright collective management contract with a copyright collective management organization, he or she shall not exercise or allow others to exercise the rights stipulated in the contract to be exercised by the copyright collective management organization within the time limit stipulated in the contract. Article 21 The right holder may withdraw from the copyright collective management organization and terminate the copyright collective management contract in accordance with the procedures stipulated in the charter. However, if a copyright collective management organization has entered into a licensing contract with others, the contract will continue to be valid until the expiration of the term; during the validity period of the contract, the rights holder is entitled to receive corresponding royalties and can access relevant business materials. Article 22 Foreigners and stateless persons may, through similar overseas organizations that have entered into mutual representation agreements with China’s copyright collective management organizations, authorize China’s copyright collective management organizations to manage the copyrights or copyright-related matters they enjoy in China according to law. right. The mutual representation agreement referred to in the preceding paragraph,It refers to an agreement between a Chinese copyright collective management organization and a similar overseas organization to mutually authorize each other to carry out collective management activities in the country or region where they are located. Mutual representation agreements concluded between copyright collective management organizations and similar overseas organizations shall be reported to the copyright management department of the State Council for record, and shall be announced by the copyright management department of the State Council. Article 23 When a copyright collective management organization permits others to use the works, audio and video products, etc. it manages, it shall enter into a written licensing contract with the user. Copyright collective management organizations are not allowed to enter into exclusive license contracts with users. If a user requests a licensing contract with a copyright collective management organization under reasonable conditions, the copyright collective management organization shall not refuse. The term of the license contract shall not exceed 2 years; the contract period can be renewed upon expiration. Article 24 Copyright collective management organizations should establish a rights information inquiry system for rights holders and users to inquire. The rights information inquiry system shall include the types of rights managed by the copyright collective management organization and the names of works, audio and video products, etc., the name of the rights holder, and the period of authorized management. When rights holders and users inquire about information about rights managed by a copyright collective management organization, the organization shall respond. Article 25 Except for the uses that should be paid as provided in Article 23, Article 33 Paragraph 2, Article 40 Paragraph 3, Article 43 Paragraph 2 and Article 44 of the Copyright Law, In addition to fees, copyright collective management organizations should agree with users on the specific amount of royalties to be collected based on the royalty collection standards announced by the copyright management department of the State Council. Article 26 Two or more copyright collective management organizations may charge royalties from the same user for the same use method, and may negotiate in advance to determine that one of the copyright collective management organizations will collect the fees uniformly. The uniformly collected royalties are distributed through negotiation among relevant copyright collective management organizations. Article 27 When paying usage fees to a copyright collective management organization, users shall provide the name of the works, audio and video products, etc. they use, the name of the right holder, the method, quantity, time and other relevant usage information; permitted use Unless otherwise agreed in the contract. If the relevant usage information provided by the user involves the user's business secrets, the copyright collective management organization shall have the obligation to keep it confidential. Article 28 Copyright collective management organizations may withdraw a certain percentage from the royalties collected as management fees to maintain their normal business activities. The proportion of management fees collected by copyright collective management organizations should gradually decrease with the increase in royalty income. Article 29 The usage fees collected by copyright collective management organizations shall be transferred in full to the right holders after the management fees are withdrawn, and shall not be used for other purposes. When a copyright collective management organization transfers royalties, it shall prepare a record of the transfer of royalties. The record of transfer of royalties shall state the total amount of royalties, the amount of management fees, the name of the right holder, the title of the work or audio and video products, the relevant usage, the specific amount of royalties transferred to each right holder, and other matters, and It should be kept for more than 10 years.
Chapter 5 Supervision of Copyright Collective Management Organizations
Article 30 Copyright collective management organizations shall establish financial, accounting systems and asset management systems in accordance with the law , and set up accounting books in accordance with relevant national regulations. Article 31 The asset use and financial management of copyright collective management organizations are subject to the supervision of the copyright management department and the civil affairs department of the State Council. Copyright collective management organizations shall prepare financial statements at the end of each accounting year Accounting reports shall be entrusted to an accounting firm to conduct audits in accordance with the law and the audit results shall be announced. Article 32 The copyright collective management organization shall record the following matters for review by the rights holders and users: (1) Licensed use of the work; (2) ) Collection and transfer of royalties; (3) Withdrawal and use of management fees. Rights holders have the right to inspect and copy the financial reports, work reports and other business materials of the copyright collective management organization; the copyright collective management organization shall provide convenience. Article Article 33 If the rights holder believes that a copyright collective management organization has any of the following circumstances, he may report it to the copyright management department of the State Council: (1) The rights holder meets the requirements for joining the copyright collective management organization as stipulated in the charter, or the member joins the copyright collective management organization in accordance with the charter. The procedure requires withdrawal from the copyright collective management organization, but the copyright collective management organization refuses; (2) The copyright collective management organization fails to collect and transfer usage fees in accordance with regulations, or fails to withdraw and use management fees in accordance with regulations; (3) The rights holder requests to review The copyright collective management organization refuses to provide the records and business materials specified in Article 32 of these Regulations. Article 34 If the user believes that the copyright collective management organization has any of the following circumstances, it may report to the copyright management department of the State Council: ( 1) The copyright collective management organization violates the provisions of Article 23 of these Regulations and refuses to conclude a licensing contract with the user; (2) The copyright collective management organization fails to agree on the specific amount of royalties to be collected in accordance with the announced royalty collection standards; ( 3) Users request to inspect the records specified in Article 32 of these Regulations, but the copyright collective management organization refuses to provide them. Article 35 Citizens, legal persons or other organizations other than the rights holders and users believe that the copyright collective management organization has violated Those who commit any act specified in these regulations may be reported to the copyright management department of the State Council. Article 36 The copyright management department of the State Council shall investigate the report or report within 60 days from the date of receipt of the report or report and handle it in accordance with the law. Article 30 Article 7 The copyright management department of the State Council may supervise copyright collective management organizations in the following ways, and shall keep records of supervision activities: (1) Check whether the business activities of copyright collective management organizations comply with the provisions of these Regulations and its articles of association; (2) Verify the accounting books, annual budget and final accounts reports and other relevant business materials of the copyright collective management organization; (3) Send personnel to attend important meetings such as the general meeting of members and the board of directors of the copyright collective management organization. Article 38 The copyright collective management organization shall The Civil Affairs Department of the State Council and other relevantDepartment supervision.
Chapter 6 Legal Responsibilities
Article 39 Copyright collective management organizations have the following circumstances: 1. The Copyright Management Department of the State Council shall order correction within a time limit: (1) Violation of Article 22 of these Regulations by failing to submit the mutual representation agreement concluded with similar overseas organizations to the Copyright Management Department of the State Council for filing; (2) Violation of these Regulations Article 24 stipulates that if a rights information query system has not been established; (3) The specific amount of royalties has not been agreed upon according to the announced royalty collection standards. If a copyright collective management organization manages the rights of obligees beyond the scope of its business, the copyright management department of the State Council shall order it to make corrections within a time limit, and the license contract it concludes with the user shall be invalid; if it causes damage to the obligee or user, it shall bear civil liability in accordance with the law. Article 40 If a copyright collective management organization has any of the following circumstances, the copyright management department of the State Council shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, the general meeting of members or the board of directors shall be ordered to remove or dismiss the person in charge directly responsible in accordance with the authority specified in these Regulations: (1) Violating Article 19 of these Regulations by refusing to conclude a copyright collective management contract with the right holder, or violating Article 21 of these Regulations by refusing a member's request to withdraw from the organization; (2) Violating Article 2 of these Regulations Article 13 stipulates that refusing to conclude a license contract with a user; (3) withdrawing management fees in violation of Article 28 of these Regulations; (4) transferring usage fees in violation of Article 29 of these Regulations; (5) Refuse to provide or provide false accounting books, annual budget and final accounts reports or other relevant business materials. Article 41 If a copyright collective management organization fails to carry out copyright collective management activities without justifiable reasons for more than 6 months from the date when the civil affairs department of the State Council issues a registration certificate, or suspends copyright collective management activities for more than 6 consecutive months, the Copyright Collective Management Organization of the State Council shall The management department shall revoke its copyright collective management license, and the civil affairs department of the State Council shall revoke the registration. Article 42 If a copyright collective management organization engages in profit-making business activities, it shall be banned by the industrial and commercial administrative department in accordance with the law and its illegal gains shall be confiscated; if a crime is constituted, criminal liability shall be investigated in accordance with the law. Article 43 If a user violates the provisions of Article 27 of these Regulations and refuses to provide relevant usage information when he is able to do so, or commits fraud when providing relevant usage information, the copyright management department of the State Council shall order him to make corrections; the copyright collective management organization may Termination of license contract. Article 44 Anyone who establishes a copyright collective management organization or branch without authorization, or engages in copyright collective management activities without authorization, shall be banned by the copyright management department or the civil affairs department of the State Council in accordance with the division of responsibilities, and the illegal gains shall be confiscated; if a crime is constituted, criminal liability shall be pursued in accordance with the law. . Article 45 If a staff member of a state administrative agency who is engaged in the approval and supervision of copyright collective management organizations in accordance with the provisions of these Regulations neglects his or her duties, abuses his power, engages in malpractice for personal gain, and constitutes a crime, he shall be held criminally responsible in accordance with the law.If it does not constitute a crime, administrative sanctions shall be imposed in accordance with the law.
Chapter 7 Supplementary Provisions
Article 46 Copyright collectives that have been established before the implementation of these regulations Management organizations shall, within 3 months from the date of entry into force of these Regulations, submit their articles of association, usage fee collection standards, usage fee transfer methods and other relevant materials to the copyright management department of the State Council for review, and enter into agreements with similar overseas organizations. The mutual representation agreement shall be submitted to the copyright management department of the State Council for filing. Article 47: Using other people’s works in accordance with the provisions of Article 23, Paragraph 2 of Article 33, and Paragraph 3 of Article 40 of the Copyright Law fails to comply with Article 3 of the Implementation Regulations of the Copyright Law of the People’s Republic of China. If a user pays a usage fee to the right holder in accordance with the provisions of Article 12, the usage fee, together with postage and relevant information on the use of the work, shall be sent to the copyright collective management organization that manages the relevant rights, and the copyright collective management organization will transfer the usage fee to the right holder. . The copyright collective management organization responsible for transferring royalties should establish a work usage inquiry system for right holders and users to inquire. The copyright collective management organization responsible for transferring royalties can withdraw management fees from the royalties it receives, and the management fees shall be halved according to the proportion of the management fees of the collective management organization determined by the general meeting of members. In addition to management fees, the copyright collective management organization shall not withdraw any other fees from the royalties it receives. Article 48 These Regulations shall come into effect on March 1, 2005.
