The State Council Decree of the State Council of the People’s Republic of China No. 429 Copyright Collective Management Regulations were adopted by 74th Standing Conference of the State Council on December 22, 2004. The Minister of the State Council Wen Jiabao December 28, 2004 Copyright Collective Management Regulations Chapter I General Principles Article 1 These regulations are formulated in accordance with the Copyright Law of the People’s Republic of China (hereinafter referred to as Article 2 Copyright collective management in terms of these regulations means following activities of performing their rights on behalf of their 1. Conclude right license contract of copyright or right license contract that relating to copyright (hereinafter referred to as “right 2. Collect charge for use from the users; 3. Shunt charge for use to the obligee; 4. Bring a lawsuit or submit a dispute involving copyright or rights relating to copyright and etc. Article 3 Copyright collective management organization in terms of these regulations means the society established in accordance with laws for Copyright collective management organization should register and carry out their activities in accordance with the provisions of administrative Article 4 The rights that are difficult for the obligees to perform effectively, such as the rights if performance, broadcast, rent, information Article 5 Copyright management department of the State Council is responsible for nation-wide copyright collective management. Article 6 Except for the copyright collective management organization established in accordance with the provisions of these regulations, none Chapter II The establishment of copyright collective management organization Article 7 All Chinese citizens, legal persons or other organizations enjoying copyright or the right relating to copyright may initiate to establish To stablish copyright collective management organization should meet with following requirements: 1. The obligees initiating to establish the copyright collective management organization should not be less than 50; 2. The business scope should not cross and mix with the business scope of copyright collective management organizations that have already 3. May represent the interests of relevant obligees nationwide; 4. Have draft regulations, draft standard of collecting charge for use and measures on shunting charge for use to the obligees (hereinafter Article 8 The regulations of copyright collective management organization should include following information: 1. Name and residence; 2. Purpose of establishiment; 3. Business scope; 4. Organization structure and its functions and power; 5. Minimum numbers of the membership plenary session; 6. Duties of the executive council, the requirements of the person responsible for the executive council and the procedures of arising 7. Ways of drawing and using management fee; 8. The requirements and procedures of joining and withdrawing from copyright collective management organization; 9. The procedures of revising the regulations. 10. The requirements and procedures of terminating a copyright collective management organization and property settlement after termination. Article 9 Whoever applies for establishing copyright collective management organization should submit the materials stipulated by Article 7 Article 10 The applicant should go through the registration formalities in the department of civil affairs of the State Council in accordance Article 11 Copyright collective management organization registering in accordance with laws should submit its copy of registration certificate Article 12 Copyright collective management organization establishes branch organization should be approved by copyright management department Article 13 Copyright collective management organization should work out the standard of collecting the charge for use in accordance with following 1. Time, ways and area range of using works, audio and video products and etc.; 2. Variety of rights; 3. Degree from complication to simplicity of concluding the contract of using the license and collecting the charge for use. Article 14 Copyright collective management organization should work out measures on shunting the charge for use according to the information Article 15 If any copyright collective management organization revises its regulations, it should submit the draft of regulations revision to Article 16 If the registration of any copyright collective management organization is cancelled in accordance with laws, it must not be engaged Chapter III Organ of copyright collective management organization Article 17 Membership conference of copyright collective management organization (hereinafter referred to as “membership conference”) is the Membership conference is convened by Board of Directors in accordance with these regulations. Board of Directors should publish the Membership conference performs following official functions: 1. Formulate and revise the regulations; 2. Work out and revise the standard of collecting the charge for use; 3. Work out and revise the measures to shunt the charge for use; 4. Elect and dismiss directors; 5. Consider and approve work and financial report of the board of directors; 6. Formulate inner management rules; 7. Decide the plan of shunting charge for use and the proportion of management fee drawn by copyright collective management organization; 8. Make decisions about other important issues. Membership conference is held annually. On the motion of more than 10 percent of the members or the board of directors, temporary Article 18 The board of directors established in copyright collective management organization should be accountable to the membership conference The term of the director boarder is 4 years. Re-election should be made at the expiration of the term. Re-election may be made in Chapter IV Copyright collective management activities Article 19 Obligee may conclude copyright collective management contract in writing with copyright collective management organization, authorize Obligee becomes a member of copyright collective management organization as soon as he concludes copyright collective management contract Article 20 After signing copyright collective management contract with copyright collective management organization, the obligee must not perform Article 21 Obligee may withdraw from copyright collective management organization and terminate copyright collective management contract according Article 22 Foreigners and persons who have no nationalities may authorize Chinese copyright collective management organization to manage their Mutual agency agreement in terms of above paragraph means the agreement that Chinese copyright collective management organization Mutual agency agreement concluded between copyright collective management organization and similar organization abroad should be submitted Article 23 If copyright collective management organization allow others to use the works, audio and video products that it managed, it should Copyright collective management organization must not conclude exclusive license contract with the users. If the user asks for concluding license contract with copyright collective management organization at reasonable requirements, copyright The term of license contract must not exceed two years. The term of license contract may be renewed at the expiration of it. Article 24 Copyright collective management organization should establish right information consultation system for the obligees and users to When obligee and the users consult the right information managed by copyright collective management organization, the organization Article 25 Apart from paying the charge for use in accordance with Article 23 , Article 32 , Section 2, Article 39 Section 3, Article 42 Section Article 26 If two or more copyright collective management organizations collect the charge for use from the same user in the same way, they may Article 27 When the users pay charge for use to copyright collective management organization, they should provide the names of the works, audio If the information of use provided by the users involves the user’s business secret, copyright collective management organization Article 28 Copyright collective management organization may draw a certain proportion from charge for use as management fee for maintaining normal The proportion of charge for use drawn by copyright collective management organization should be reduced gradually following the increasing Article 29 All the charge for use collected by copyright collective management organization should be shunted to the obligees after management When copyright collective management organizations shunt charge for use, they should work out the record of it. The record of shunting Chapter V The supervision over copyright collective management organization Article 30 Copyright collective management organization should establish financial and accounting rules and as well as property management rules Article 31 The use of property and financial management of copyright collective management organization are supervised by the departments of Copyright collective management organization should work out financial account report at the end of a fiscal year, entrust accounting Article 32 Copyright collective management organization should record following issues for the obligees and users to look up: 1. Information of using license of works; 2. Information of collecting and shunting charge for use; 3. Information of drawing and using management fee. The obligees have the rights to look up and copy financial report, work report and other business materials of copyright collective Article 33 The obligees may report to copyright management department of the State Council if they deem any copyright collective management organization 1. If the obligees meet with the requirements stipulated by the regulations and ask for joining copyright collective management organization, 2. Copyright collective management organizations do not collect, shunt charge for use in accordance with the stipulations, or do not 3. The obligees ask for looking up the record or business materials stipulated in Article 32 of these regulations, but copyright collective Article 34 The users may report to copyright management department of the State Council if they deem that any copyright collective management 1. Copyright collective management organization violates Article 23 of these regulations, refusing to conclude license contract with 2. Copyright collective management organization does not collect the amount of charge for use in accordance with announced standard of 3. Users ask for looking up the record stipulated in Article 32 of these regulations, but copyright collective management organization Article 35 Citizens, legal persons or other organizations, except for the obligees and the users, may report to copyright management department Article 36 Copyright management department of the State Council should investigate and deal with the reported cases in accordance with laws within Article 37 Copyright management department of the State Council should supervise copyright collective management organization in following ways 1. Check whether the business activities of copyright collective management organization meet with the provisions of these regulations; 2. Verify account book, annual budget, final report and other related business materials of copyright collective management organizations; 3. Send persons to attend membership conference of copyright collective management organizations as no-voting delegates. Article 38 Copyright collective management organization should accept the supervision of the civil affairs department of the State Council and Chapter VI Legal responsibility Article 39 Copyright collective management organizations is instructed by copyright management department of the State Council to make corrections 1. Violate the provision of Article 22 of these regulations, do not report the mutual agency agreement concluded with similar organization 2. Violate the provision of Article 24 of these regulations, do not establish right information inquiry system; 3. Do not collect the amount of charge for use in accordance with announced standard of collecting charge for use. Copyright collective management organizations managing the obligee’s rights beyond business scope is instructed by copyright management Article 40 Copyright collective management organizations are instructed by copyright management department of the State Council to make corrections 1. Violate the provisions of Article 19 of these regulations, refusing to conclude copyright collective management contract with the 2. Violate the provision of Article 23 of these regulations, refusing to conclude license contract with the users; 3. Do not draw charge for use in accordance with the provision of Article 28 of these regulations; 4. Don not shunt charge for use in accordance with the provision of Article 29 of these regulations; 5. Refuse to provide account book, annual budget, final report or other relevant business materials or provide false ones. Article 41 If any copyright collective management organization does not carry out copyright collective management activities without proper reasons Article 42 If any copyright collective management organization is engaged in profit-seeking activities, it is cancelled by industrial and commercial Article 43 If any user violates the provisions of Article 27 of these regulations, refusing to provide relevant information of use when he could Article 44 Whoever establish copyright collective management organization or branches or is engaged in copyright collective management activities Article 45 If the staffs of national administrative organ who are engaged in approval and supervision of copyright collective management organization Chapter VII Supplementary articles Article 46 Copyright collective management organizations established before the implementation of these regulations should submit their regulations Article 47 According to the provisions of Article 23 , Article 32 Section 2, Article 39 Section 3, whoever uses others’ works without paying Copyright collective management organization responsible for shunting charge for use should establish information inquiry system of Copyright collective management organization responsible for shunting charge for use may draw management fee from charge for use received Article 48 These regulations come into effect as of March 1, 2005 |
The State Council
2004-12-28