What are the payment standards for using works?

Works are a lot of false spiritual wealth. Many writers like to share their stories with others, and readers also like to read other people’s stories to increase their social experience. Therefore, it is very important for works to appear on bookshelves smoothly and without problems. , let the editor of Legal Savior Network introduce to you the relevant information on the payment standards for using works.

What are the payment standards for using works

National Copyright Administration’s Notice on Implementing the Opinions on Regulations on Remuneration for Publishing Literary Works"

(1999 August 3, 2019)

Provinces, autonomous regions, Municipal Copyright Bureau, China Copyright Protection Center:

1 In April 1999, the National Copyright Administration promulgated the "Regulations on Remuneration for Publishing Literary Works" (hereinafter referred to as the "Regulations"), which came into effect on June 1, 1999. In order to ensure the smooth implementation of the "Regulations", several issues in the "Regulations" are explained as follows:

1. The "Regulations" are based on my country's current copyright lawThe basic principles and specific Regulations are formulated, which reflect the country’s basic policy and guidance of balancing the interests of copyright owners and work users under the current conditions:

1. Generally speaking, the remuneration standard determined in the "Regulations" is agreed between the copyright owner and the user of the work Basis for copyright royalties;

2. Reprinting in newspapers and periodicals , excerpts from works published by other newspapers and periodicals, the payment standards in the "Regulations" are mandatory;

3. If a contract is not signed or the contract does not specifically stipulate the payment standard, the payment standard in the "Regulations" must be implemented;

4. Mass printing through administrative means The royalty payment method is not applicable to the nine-year compulsory education textbooks, planning textbooks, study books, etc. issued, and the royalties for the number of copies can only be calculated in accordance with the provisions of Article 8;

5. Except for the above two cases 2 and 4, the copyright owner and the user of the work shall be on the basis of equality and voluntariness. If the remuneration standard agreed on above is lower or higher than the "Regulations", the "Regulations" will not prohibit it.

2. The "Regulations" only apply to books, newspapers, periodicals and other written works published on paper media with legal authorization. Electronic publications, online use of works, etc. The "Regulations" do not apply to the use of works under the following circumstances. Regarding the payment standards for works of art, photography and other works, the National Copyright Administration will separatelyOK to make.

3. “Nine "Year compulsory education textbooks" refer to the formal textbooks used by schools implementing nine-year compulsory education that have been uniformly approved by the national education authorities. "Planned teaching materials" refer to teaching materials that have been included in the teaching material compilation and publishing planning catalog formulated by the national education authorities. "Designated books for study or examination" refer to the ideological, political and professional study books designated by the central and provincial-level party and government agencies, or the designated books for the national unified examination.

4. The publisher has not The provisions of Article 14 of the "Regulations" do not apply to others who have been authorized by the copyright owner to publish overseas.

五、 The liquidated damages stipulated in Article 15 only refer to the liquidated damages that the publisher, as the breaching party, should pay to the copyright owner if the contract does not stipulate liquidated damages. According to Article 114 of the New Contract Law, if the agreed liquidated damages are lower than the losses caused, the copyright owner may also request the people's court or arbitration institution to increase it.

6. Newspapers and periodicals issue announcements or statements If the copyright holder submits articles to the newspaper and publishes its remuneration standards to the outside world, the newspaper and periodical publisher shall be deemed to have completed the "agreement" referred to in Article 17, and the remuneration standards shall comply with the standards expressly stated in its announcement or statement. ; If a newspaper agency does not expressly state the remuneration standard in its announcement or statement, or in the absence of a statement, the remuneration standard in the "Regulations" shall be followed. Announcements or statements should be published in a prominent position in this newspaper regularly or irregularly every year.

7. Newspapers and periodicals reprint and excerpt works published by other newspapers and periodicals, and reprinting fees shall be paid by China The Copyright Protection Center or the local agency entrusted by the Center will collect and transfer it on your behalf.

8. Use of works after the "Regulations" come into effect , the "Regulations" shall apply; if a publishing contract signed before the "Regulations" came into effect and is still valid, it shall be performed in accordance with the contract signed by both parties.

All local copyright offices should conscientiously implement the "Regulations" , and carry out publicity and explanation work according to this instruction, and report problems to the National Copyright Administration in a timely manner.

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