Regulation on the Collective Administration of Copyright (2013Revision)

Regulation on the Collective Administration of Copyright (2013Revision) Regulation on the Collective Administration of Copyright (Issued by the Order No. 429 of the State Council of the People's Republic of China December 28, 2004; amended for the first time in accordance with the Decision of the State Council on Abolishing and Amending Some Administrative Regulations on January 8, 2011; and amended for the second time in accordance with the Decision of the State Council on Amending Some Administrative Regulations on December 7, 2013) Chapter I General Provisions Article 1 This Regulation is 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 right holders relating to copyright (hereinafter referred to as obligees) to exercise their rights as well as for the users to use works. Article 2 Collective administration of copyright, which is mentioned in this Regulation, shall mean the following activities carried out by the organizations for collective administration of copyright in their respective own names upon authorization of the obligees, so as to exercise the obligees' relevant rights in a centralized way: (1) Concluding with the user a license contract of copyright or of a copyright-related right (hereinafter referred to as license contract); (2) Charging royalties from the user; (3) Transferring royalties to the obligee; (4) Participating in litigation or arbitration, etc. involving copyright or a copyright-related right. Article 3 The organization for collective administration of copyright as mentioned in this Regulation shall mean a private organization that is lawfully established for the benefit of the obligees, and conducts collective administration of the obligee's copyright or other copyright-related rights upon the authorization of the obligees. An organization for collective administration of copyright shall be registered and carry out activities in accordance with this Regulation and other administrative regulations on registration and administration of social organizations. Article 4 Such rights as prescribed in the Copyright Law which are difficult to be effectively exercised by the obligees themselves as the right of performance, projection, broadcasting, lease, dissemination through information network, reproduction, etc., may be subject to collective administration 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 No organization or individual except the organizations for collective administration of copyright which were established under this Regulation may engage in the activities of 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 a copyright-related right, may promote 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 no less than 50 obligees who promote 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 be overlapped 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 obligees throughout the country; (4) The organization for collective administration of copyright has formulated a draft of its articles of association, a draft of royalty rates to be charged, and a draft of the measures for transferring royalties to the obligees (hereinafter referred to as royalty transfer measures). Article 8 The articles of association of an organization for collective administration of copyright shall state the following details: (1) name and domicile; (2) tenet of establishment; (3) scope of business; (4) organizational structure and the powers; (5) quorum of the general meeting; (6) duties of the council, conditions for the position of 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 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 testifying the fulfillment of the conditions as prescribed in Article 7 of this Regulation. The copyright administration department under the State Council shall, within 60 days as of receipt of the materials, make a decision on whether approving the application or not. If it approves the application, it shall issue a permit for collective administration of copyright; if it does not grant the approval, it shall state the reason therefor. Article 10 The applicant shall, within 30 days after the copyright administration department under the State Council issues a permit for collective administration of copyright, make registration in the civil affairs department under the State Council in accordance with the relevant administrative regulations on registration and administration of social organizations. 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 counterpart of its registration certificate to the copyright administration department under the State Council for archival purposes; the copyright administration department under the State Council shall then announce the archived counterpart of the 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 An organization for collective administration of copyright shall, if establishing a branch, be approved by the copyright administration department under the State Council, and make registration in the civil affairs department under the State Council in accordance with the relevant administrative regulations on registration and administration of social organizations. If the branch is lawfully registered, the said organization shall submit a counterpart of the branch's registration certificate to the copyright administration department under the State Council for archival purposes, and the copyright administration department under the State Council shall announce the establishment of the branch. Article 13 An organization for collective administration of copyright shall formulate its royalty charging rates on the basis of the following factors: (1) time, method and area for the works, audio or video products, etc. to be used; (2) varieties of the rights; (3) extent of complexity for concluding the license contract and charging royalties. Article 14 An organization for collective administration of copyright shall formulate its royalty transfer measures on the basis of the obligees' use of the works or audio or video products, etc. Article 15 The amendment of the articles of association of an organization for collective administration of copyright shall, after being approved by the civil affairs department of the State Council in accordance with law, be announced by the copyright administrative department of the State Council. Article 16 Where the registration of an organization for collective administration of copyright is lawfully cancelled, this organization shall no longer carry out any activity of collective administration of copyright as of the date when its registration is cancelled. Chapter III Organizational Structure of the Organization for Collective Administration of Copyright Article 17 The general assembly of an organization for collective administration of copyright (hereinafter referred to as the general assembly) shall be the office of power of this organization. The responsibility to convene the general assembly under this Regulation shall remain with the council. The council shall, 60 days before the general meeting is con......