Report Concerning Issues on Foreign and Hong Kong and Taiwan Music Audio Products Import and Publication

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The Ministry of Radio and Television “Report Concerning Issues on Foreign and Hong Kong and Taiwan Music Audio Products Import and Publication”, has already been agreed to by the State Council, and is hereby promulgated to you, please implement it.

Attachment: Report Concerning Issues on Foreign and Hong Kong and Taiwan Music Audio Products Import and Publication

29 November 1984

Since the Central Committee and the State Council transmitted the “Regulations on Strict Prohibition of Import, Duplication, Sale and Broadcast of Reactionary, Pornographic and Obscene Audio and Video Products” in February 1982, after two years of work, the overflowing for a time of foreign audio and video products (mainly music tapes) on the domestic market has already changed, those with reactionary content were forbidden, and the circulation of all sorts of unhealthy music had been controlled.

At present, the wish of art workers and the masses to get to know foreign music and culture has somewhat strengthened; domestic-foreign cultural exchange has become ever more frequent, and the Hong Kong and Taiwan-related work has also known new developments. To accommodate this situation, foreign and Hong Kong and Taiwan music recording products import may also in a guided and planned fashion start to develop. According to the spirit of documents NDC No. (1982) 14 and NDC No. (1982)154, the following opinions are raised:

1, Imported foreign and Hong Kong and Taiwan music recording products shall benefit the establishment of a socialist spiritual culture, and simultaneously must take the development of the domestic audio publication and production sector into account, pay attention to abiding by the usual international practice relating to copyright protection.

2, According to the “Provisional Regulations on Audio and Video Products Management” transmitted by the State Council, all audio publication work units being approved for establishment and specializing in recording and producing entertainment programmes, already have a relatively good publication work basis and possess advanced recording and producing means, in principle they all may apply to the Ministry for Radio and Television to deal with foreign and Hong Kong and Taiwan audio import work. Its business scope is: buying foreign businesses’ copyright and master tapes or publishing audio products (including requesting a partner to publish a programme recorded by our party) in a cooperative publication manner with foreign business, organizing foreign and Hong Kong and Taiwan performers to record, and publish works.

Audio publication work units not having been approved for specializing in recording and producing entertainment programmes, may without exception not engage in the abovementioned work. A number of work units inviting foreign and Hong Kong and Taiwan performers to perform on stage and on radio and televisions, if they need to publish audio products of a programme, shall entrust a publication work unit to handle it.

3, Business concerning foreign and Hong Kong and Taiwan audio recording products imported and sold in commercial batches, will be imported unifiedly by China Book Import Company, other work units may not deal in this.

Audio products imported by specialized work units for the purpose of reference, will still according to the previous manner, be reported to relevant work units, and be imported by the China Book Import Company.

4, Without agreement of foreign and Hong Kong and Taiwan publishers, using their audio products for duplication and sale, damages the reputation of our country, and is also not beneficial to the copyright protection of audio products imported by our country, and shall without exception be prohibited.

5, The Ministry of Radio and Television audio and video products management department is concretely responsible for import of audio product management work. Its duties are: examining and approving programme content and the contract signed with the foreign partner, signing and issuing certificates permitting import. All those being engaged in the sorts of businesses listed in items two and three, must all beforehand report to this department. All contracts not approved by that department are invalid.

The Ministry of Radio and Television audio and video product management department engages a number of specialist workers to compose a music consideration group, assisting the conducting of programme examination and approval work.

If the above opinions are feasible, it is requested to transmit them to all State Council ministries and commissions, and all provincial, autonomous region and municipal People’s Government for implementation.

关于外国及港台音乐录音制品进口和出版问题的报告

广播电视部《关于外国及港台音乐录音制品进口和出版问题的报告》,已经国务院同意,现转发给你们,请按照执行。

附:广播电视部关于外国及港台音乐录音制品进口和出版问题的报告

(1984年11月29日)

1982年2月中共中央和国务院下达《关于严禁进口、复制、销售、播放反动黄色下流录音录像制品的规定》以来,经过两年多的工作,海外音乐录音制品(主要是音乐声带)一度在国内市场上泛滥的情况已经改变,内容反动的已予查禁,各种不健康音乐的流传得到了控制。

目前,文艺工作者和人民群众了解外国音乐文化的愿望有所增强;内外文化交流较前更为频繁,对港台工作也有了新的发展。为适应这一情况,外国及港台音乐录音制品的引进也可有领导有计划地开展起来。根据中发<1982>15号和国发<1982>154号文件精神,现提出以下意见:

一、引进外国和港台音乐录音制品应有利于社会主义精神文明的建设,同时还要照顾到国内录音出版及生产事业的发展,注意遵守国际上有关版权保护的惯例。

二、按照国务院批转的《录音录像制品管理暂行规定》,凡经过批准成立的以录制文艺节目为专业的录音出版单位,已经有了较好的出版工作基础并具备先进的录制生产手段的,原则上均可向广播电视部申请经办外国和港台录音的引进业务。其业务范围为:购买外商的版权和母带或与外商以合作出版的方式出版录音制品(包括要求对方出版我方录制的节目);组织外国和港台演员录音,出版制品。

非经批准以录制文艺节目为专业的录音出版单位一律不得经办上述业务。一些邀请外国和港台演员作舞台演出和电视、广播演出的单位,如需出版演出节目的录音制品,应委托出版单位办理。

三、作为商品批量进口和销售外国和港台出产的录音制品这项业务,由中国图书进出口总公司统一经办,其他单位均不得经营。

专业单位以供参考为目的进口录音制品,仍照过去的做法,由有关单位申报,由中国图书进出口总公司进口。

四、不经外国和港台原出版厂家同意,利用他们的录音制品翻制出售,有损我国声誉,也不利我国出口录音制品的版权保护,应一律禁止。

五、广播电视部录音录像制品管理处具体负责进口音乐录音制品的管理工作。其职责是:审定节目内容和与外商签定的合同,签发许可进口的证明。凡经营第二、三两项各类业务的,事先均须向该处申报。不经该处批准的合同均属无效。

广播电视部录音录像制品管理处聘请若干专业工作者组成音乐审议组织,协助做好节目的审定工作。

以上意见如可行,请批转国务院各部委和各省、自治区、直辖市人民政府执行。

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