Opinion concerning Unauthorized Reprinting Being Handled in Coordination by Publishing and Copyright Management Organs

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All provincial, autonomous region, municipal and plan-listed city press and publications bureaus, copyright bureaus (offices)

On the basis of administrative publishing management regulations, publishing work units or non-publishing work units are prohibited to reprint books published by other persons without authorization. On the basis of the provisions of the “Provisional Regulations on Book and Periodical Copyright Protection”, publishing work units enjoy the exclusive publishing right of no less than ten years over the books they legitimately publish, because of this, unauthorized reprinting of books published by other persons, violates the administrative publishing management rules, and also infringes the exclusive publishing right of the publisher and harms the copyright of the writer. Against this sort of act, the responsibility for violating the higher-level administrative management regulations and the responsibility for infringing copyright shall be investigated at the same time, because of this, this shall be handled in coordination by administrative publishing management organs and copyright management organs, they shall jointly issue documents, to simplify procedures and avoid duplicate handling. When handling matters in coordination, the different nature of the mistake shall be made clear in the handling decision, the punishment for violating publishing management regulations and the punishment for infringing copyright must be listed separately, and formulated clearly.

Where administrative publishing organs are not set up together with administrative copyright organs or there is no organ entrusted with copyright management, and a punishment decision can only be made for violation of publishing management regulations, a punishment decision that includes copyright content may not be unilaterally made, in order to avoid confusion.






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