Measures for the Remuneration Payment for the Use of Written Works
Measures for the Remuneration Payment for the Use of Written Works
Measures for the Remuneration Payment for the Use of Written Works
Order of the National Copyright Administration and the National Development and Reform Commission No.11
September 23, 2014
The Measures for the Remuneration Payment for the Use of Written Works, which have been adopted at the executive meeting of the National Copyright Administration on August 21, 2014 and approved by the National Development and Reform Commission, are hereby promulgated and shall take effect as of November 1, 2014.
Director of the National Copyright Administration Cai Fuchao
Chairman of the National Development and Reform Commission Xu Shaoshi
Measures for the Remuneration Payment for the Use of Written Works
Article 1 In order to protect the copyright of copyright owners of written works, regulate the acts of using written works and promote the creation and dissemination of written works, the Measures for the Remuneration Payment for the Use of Written Works (hereinafter referred to as the "Measures") are formulated in accordance with the Copyright Law of the People's Republic of China and the relevant administrative rules and regulations.
Article 2 Unless otherwise provided for by the laws and administrative regulations, the remuneration paid for the use of written works are agreed upon by the parties concerned; where the parties concerned fail to agree upon the matter or such agreement is not clear, the Measures shall apply.
Article 3 The remuneration paid for the use of written works published in paper may be subject to the remuneration methods such as royalties, basic remuneration plus print run-based remuneration or one-off remuneration.
Royalties refer to the remuneration paid by a user to the copyright owner of a book according to the method as: the price of the book × actual sales volume or print run × the royalty rate.
Basic remuneration refers to the remuneration paid by a user to the copyright owner of a work based on the word count of the work as per thousand characters.
Print run-based remuneration refers to the remuneration paid by a user to the copyright owner of a book based on the print run of the book as per thousand copies at a certain proportion of basic remuneration.
One-off remuneration refers to the remuneration paid by a user on a lump sum basis to the copyright owner of a work according to quality and length of the work, popularity and influence of the author as well as factors such as use method, scope of use and copyright authorization term of the book.
Article 4 Standards and calculation methods of royalty rates:
1.
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