Regulations on the Collective Administration of Copyright
Regulations on the Collective Administration of Copyright
Regulations on the Collective Administration of Copyright
Order of the State Council of the People's Republic of China (No. 429)
December 28, 2004
The Regulations on the Collective Administration of Copyright, which was adopted at the 74th executive meeting of the State Council on December 22, 2004, is hereby promulgated, and shall come into force on March 1, 2005.
Premier Wen Jiabao,
Regulations on the Collective Administration of Copyright
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Copyright Law of the People's Republic of China (hereinafter referred to as the Copyright Law) so as to regulate the collective administration of copyright, and facilitate both the copyright owners and other rights holders relating to copyright (hereinafter referred to as "right owners") to exercise their rights as well as for the users to use works.
Article 2 Collective administration of copyright, which is mentioned in these Regulations, means the following activities carried out by the organizations for collective administration of copyright in their respective own names upon authorization of the right owners, so as to exercise the owners' relevant rights in a centralized way:
(1) Concluding a license contract of copyright or of the related rights with the user (hereinafter referred to as "license contract");
(2) Charging royalties from the user;
(3) Transferring royalties to the right owner;
(4) Participating in litigation or arbitration, etc. involving copyright or the related rights.
Article 3 The organization for collective administration of copyright as mentioned in these Regulations means a private organization that is lawfully established for the benefit of the right owners, and conducts collective administration for the right owner's copyright or the related rights upon their authorization. An organization for collective administration of copyright shall be registered and carry out activities in accordance with these Regulations and other administrative regulations on registration and administration of social organizations.
Article 4 The rights prescribed in the Copyright Law which are difficult to be effectively exercised by the right owners themselves such as the right of performance, projection, broadcasting, lease, dissemination through information network, reproduction and other rights may be managed collectively by organizations for collective administration of copyright.
Article 5 The copyright administration department under the State Council shall take charge of the collective administration of copyright nationwide.
Article 6 Except for the organizations which are established under these Regulations for collective administration of copyright, no organization or individual may engage in the activities for collective administration of copyright.
Chapter II Establishment of Organizations for Collective Administration of Copyright
Article 7 Chinese citizens, legal persons or other organizations that lawfully enjoy copyright or the related rights, may initiate the establishment of an organization for collective administration of copyright.
For the establishment of an organization for collective administration of copyright, the following conditions shall be fulfilled:
(1) There shall be not less than 50 right owners who initiate the establishment of the organization for collective administration of copyright;
(2) The scope of business of the organization for collective administration of copyright shall not overlap with that of another lawfully registered organization for collective administration of copyright;
(3) The organization for collective administration of copyright may represent the benefits of relevant right owners throughout the country;
(4) The drafts of articles of association, royalty rates to be charged, and measures for transferring royalties to the right owners of the organization for collective administration of copyright shall be prepared (hereinafter referred to as royalty transfer measures).
Article 8 The articles of association of an organization for collective administration of copyright shall contain the following details:
(1) name and domicile;
(2) objectives of establishment;
(3) scope of business;
(4) organizational structure and the powers;
(5) quorum of the general meeting;
(6) duties of the committee, eligibility of the person-in-charge of the council, and the procedures for appointment or removal of the person-in-charge;
(7) measures for drawing and using administrative fees;
(8) conditions and procedures for membership or withdrawal;
(9) procedures for amendment of the articles of association;
(10) conditions and procedures for terminating the organization for collective administration of copyright, and disposition of the assets after the termination.
Article 9 Whoever applies for establishing an organization for collective administration of copyright shall submit to the copyright administration department under the State Council the materials that fulfill the conditions as prescribed in Article 7 of these Regulations. The copyright administration department under the State Council shall, within 60 days from the receipt of the materials, make a decision on whether to approve or reject the application. If it approves the application, it shall issue a permit for collective administration of copyright; if it rejects the application, it shall state the reason thereof.
Article 10 The applicant shall go through the registration procedure in the civil affairs department under the State Council in accordance with the relevant administrative regulations on registration and administration of social organizations within 30 days after the copyright administration department under the State Council issues a permit for collective administration of copyright.
Article 11 A lawfully registered organization for collective administration of copyright shall, within 30 days after the civil affairs department under the State Council issues a registration certificate, submit a duplicate of the registration certificate to the copyright administration department under the State Council for archival purposes; the copyright administration department under the State Council shall then release the duplicate registration certificate, the articles of association of the organization for collective administration of copyright, the royalty charging rates, and the royalty transfer measures.
Article 12 If an organization for collective administration of copyright is establishing a branch, it shall apply for approval from the copyright administration department under the State Council, and shall register with the civil affairs department under the State Council in accordance with the relevant administrative regulations on registration and administration of social organizations.
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