Supplementary Explanation concerning Some Concrete Questions in Publisher Rectification of Cooperative Publishing, Printing and Distribution Agency

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13 August 1989

Our Administration published the “Notice concerning Nationwide Publisher Rectification of Cooperative Publishing, Printing and Distribution Agency” on 11 July 1989. Hereby, some supplementary explanations concerning some concrete questions in this regard are as follows:

I, Concerning the time scope of rectification

This time, the stress is on investigating and punishing problems that happened since the Central Propaganda Department and the Administration of Press and Publications issued the “Some Opinions concerning Present Publishing Reform” on 6 May 1988, and the problems that happened since the Administration of Press and Publications issued the “Supplementary Regulations concerning Cooperative Publishing, Printing and Distribution Agency Reform on 17 January 1989 must be gravely punished. Major problems that happened before May 1988 shall also be investigated and dealt with. For investigation and prosecution, the time where publishers and cooperating partners signed contracts or agreements is taken as the norm; if there is no clear contract or agreement, the publishing date on the colophon page is taken as the norm. If contracts are forged, or the time of contracts or agreements, or other matters, is altered, punishment is aggravated.

II, The content and targets of rectification

Cooperative publishing is limited to a certain scope of books, cooperative publishing is limited to certain partners, cooperative publishing must undergo final examination and proofreading by the publisher, magazines may not be published with book numbers. For all the above varieties, there are provisions in clear texts, violation of any among them means a violation of regulations, and shall be punished; where more items have been violated, it is considered as grave circumstances, and must be heavily punished.

The targets if investigation and prosecution include publishers violating regulations and all work units and individuals participating in cooperative publishing, printing and distribution agency. Where Party and government organs, enterprise and undertaking work units, schools and other departments have violated relevant publishing management regulations and participated in cooperative publishing, they will be included in the investigation and prosecution list.

III, Local gazetteers and Party history material (referring to tasks handed over by the Party History Material Collection Committee) may be considered as academic publications, if they have been published cooperatively, it is permitted to not investigate and prosecute them.

IV, Science and technology dissemination reading materials in the natural sciences, may be published cooperatively, but there have been constant clear regulations that sex knowledge reading materials or science fiction novels may not be published cooperatively.

V, Publishers may not publish pictures, door pictures, New Year pictures or wall calendars with door gods, money gods, Kitchen gods and other superstitious content, this sort of painting may even less be published cooperatively. Clean up publishing of folk traditional art, where the above content is involved, publishers must strictly keep the gate, topic selection must conform to the specialization and work division of the publisher, and matters shall be reported to the controlling ministry or commission, or the local press and publications bureau for approval. Otherwise, it is to be investigated and prosecuted.

VI, Postcards, desk calendars and wall calendars may not be published cooperatively without exception.

VII, Conducting cooperative publishing shall also abide by the principle of publishing books according to specialization and work division (including a slight relaxation concerning topic selection related to the specialization according to regulations). If cooperative publishing has been conducted in violation of the principle of specialization and work division, it shall also be investigated and prosecuted.

VIII, All provincial, autonomous region and municipal press and publications bureaus must be responsible for grasping rectification work of all publishers in their jurisdictions well, including directly-subordinate publishers, local and city publishers, as well as university publishers within their jurisdictions and other systems’ publishers. In order to convenience management, in the future, topic selection plans of all publishers, apart from being examined and approved by the higher-level controlling department, must at the same time also be reported to the local provincial, autonomous region and municipal press and publications bureau and the Administration of Press and Publications for filing, the local press and publications bureau must conduct supervision, and has the power to conduct adjustment over the reported topic selection plans of all publishers in their localities.

IX, Investigation and prosecution of cross-provincial cooperative publishing or book printing and distribution agency, generally is done with the press and publications bureau of the locality of the first party of the cooperative publishing, printing or distribution agency (publisher), the press and publications bureau of the locality of the second party (cooperative side) will cooperate in handling the matter. If the opinions of both sides are different, or difficulties arise during investigation and prosecution, it shall be reported to the Administration of Press and Publications for instructions.

X, All publishers’ branch organizations or editorial departments set up in other localities, or covert branch organizations and covert editorial departments, have been constantly not allowed by regulations, during this rectification, they are to be cancelled without exception, their activities violating discipline are to be investigated under the responsibility of the local press and publications bureau, and strictly punished. Punishment decisions are to be reported to the Administration of Press and Publications for filing.

XI, Concerning printing and distribution agency work, the Administration of Press and Publications has on 17 January 1989, issued document no. (89)XCTZ47, which made supplementary regulations. Among these provisions; publishers engaging in printing and distribution agency for books must report this to the controlling department for approval; this must conform to the publishing scope of the publisher, books that are subject to special topic approval procedures are generally not permitted to be subject to printing or distribution agency; publishers and printing or distribution agency work units must sign contracts; printing agency work units must be book printing shops approved by the local press and publications bureau; the printing shop undertaking the printing may not accept books for which printing approval formalities have not been conducted or that violate these Regulations, they may not add to the print run on their own initiative; publishers going to other localities for book printing or distribution agency, must have a certificate written by the press and publications bureau of the locality of the publisher.

All cases of violations of the above Regulations shall be investigated and prosecuted.

XII, Concerning publishers also handling self-funded publishing work, the Ministry of Culture document WCZ No. (85)707 from 7 June 1985 provides: self-funded manuscripts shall conform to the book publishing scope and work division of the publisher, topic selection shall be listed in the annual book publishing plans; self-funded manuscripts are mainly limited to non-profit academic works; in self-funded publishing, the content of the manuscript is the responsibility of the author, but the publisher must be responsible for political inspection, and persist in certain quality requirements; authors and publishers shall establish contract systems.

All cases of violations of the above Regulations shall be investigated and prosecuted.

XIII, Compensation for returned goods. In all cases where the selling work units (including State-run, collective and individual) of investigated and prosecuted books have obtained goods through regular channels, the damages for book storage are the responsibility of the publisher, the publisher may not fine an excuse to refuse payment.

Compensation for returned goods shall be paid under the supervision of all provincial, autonomous region and municipal press and publications bureaus. Work units that refuse to compensate for returned goods are investigated and prosecuted by the local press and publications bureau or the Administration of Press and Publications.

XIV, Cooperative publishing, printing or distribution agency programmes that are currently being conducted, shall be inspected with priority by all provincial, autonomous region and municipal press and publications bureaus and central first-level publishing controlling departments, if they conform to requirements, they may continue; otherwise, they shall be immediately ceased.

XV, Print shops violating regulations and undertaking the printing of prohibited books or adding to print runs without authorization are to be investigated and prosecuted according to the relevant provisions of the “Provisional Regulations for Printing Industry Management.”.

XVI, Publishers who take the initiative to thoroughly investigate and timely deal with relevant books, and who report truthfully to controlling departments, may be dealt with leniently; those delaying or resisting rectification must be punished severely.

 

新闻出版署关于出版社整顿协作出版、代印代发若干具体问题的补充说明
我署于1989年7月11日发出了《关于在全国出版社整顿协作出版、代印代发的通知》。现就其中的若干具体问题补充说明如下:

一、关于整顿的时间范围

这次着重清查、处理1988年5月6日中央宣传部和新闻出版署《关于当前出版社改革的若干意见》下达以来发生的问题,对其中1989年1月17日新闻出版署《关于协作出版和代印代发的补充规定》下达以来发生的问题要从重处罚。在1988年5月以前发生的重大问题,也应清查处理。查处以出版社与协作对方签订合同或协议的时间为准;如无明确的合同或协议,则以版权页的出版时间为准。如有伪造、涂改合同、协议时间等情节,将加重处罚。

二、整顿的内容和对象

协作出版的图书限于一定范围,协作出版限于一定的对象,协作出版必须经过出版社终审终校,不得以书号出刊。上述种种均有明文规定,违反其中一项即为违反规定,即应受处分;违反多项者属情节严重,要从重处分。

查处对象包括违反规定的出版社和所有参与协作出版、代印代发的单位和个人。党政机关、企事业单位、院校等部门,凡违反有关出版管理规定参与协作出书者,亦在查处之列。

三、地方志、党史资料(指党史资料征集委员会所交办任务)可以视为学术著作,如系协作出版,可不查处。

四、自然科学中的科学技术普及读物,可以协作出版,但性知识读物、科幻小说,历来明确规定不得协作出版。

五、出版社不得出版门神、财神、灶神等迷信内容的图片、门画、年画、挂历,这类书画更不得进行协作出版。整理出版民间传统艺术,涉及以上内容的,出版社要严格把关,选题要符合本社专业分工,并应报主管部委或当地新闻出版局批准。否则,应予查处。

六、明信片、台历、挂历一律不准协作出版。

七、进行协作出版还应遵守按专业分工出书的原则(包括按照规定对专业接近的选题略有放宽)。如果违反专业分工原则进行协作出版,亦应查处。

八、各省、自治区、直辖市新闻出版局要负责抓好辖区内所有出版社的整顿工作,包括直属的出版社、地市出版社,以及辖区内的大学出版社和其他系统的出版社。为便于管理,今后所有出版社的选题计划除仍由上级主管部门审批外,还应同时报当地省、自治区、直辖市新闻出版局和新闻出版署备案,当地新闻出版局要进行监督,并有权对本地各出版社上报的选题计划进行调整。

九、查处跨省协作出版或代印代发的图书,一般以协作出版、代印代发的甲方(出版社)所在地新闻出版局为主,乙方(协作方)所在地的新闻出版局协同处理。如双方意见不同,查处发生困难,应向新闻出版署报告请求。

十、各出版社设在外地的分社、编辑分部,或变相分社、变相编辑部,历来规定不许,此次整顿中应一律撤销,对其违纪活动,由所在地的新闻出版局负责清查,并严加处理。处理决定报新闻出版署备案。

十一、关于代印代发工作,新闻出版署已于1989年1月17日发出(89)新出图字第47号文作了补充规定。其中规定:出版社代印、代发的图书必须报请主管部门批准;必须符合出版社的出书范围,需要专题报批的图书,一般不得安排代印、代发;出版社与代印、代发的单位要签订合同;代印单位必须是由当地新闻出版局批准的书刊印刷厂;承印的印刷厂不得接印未办理准印手续或违背本规定的图书,不得擅自增加印数;出版社到外地代印、代发的图书,须由出版社所在地新闻出版局开具证明信。

凡违反上述规定之一者,即应查处。

十二、关于出版社兼办自费出版业务,文化部1985年6月7日文出字(85)第707号文规定;自费出版的书稿应当符合本社出书的分工范围,选题应列入年度出书计划;自费出版的书稿主要限于非赢利性的学术著作;自费出版中,书稿内容由作者负责,但出版社必须负责政治上的审查,并且坚持一定的质量要求;作者和出版社应建立合同制度。

凡违反上述规定之一者,即应查处。

十三、退货款的兑现。被查处的出版物,凡销售单位(含国营、集体、个体)从正当渠道进货者,存书损失由出版社负责,出版社不得借故拒付。

退货款由各省、自治区、直辖市新闻出版局督促兑现。对拒不支付退货款的单位,由当地新闻出版局或报新闻出版署查处。

十四、现在正在进行的协作出版、代印代发项目,各省、自治区、直辖市新闻出版局和中央一级出版社主管部门应优先审查,如符合要求,可以继续进行;否则应立即停止。

十五、印刷厂违反规定承接违禁图书及擅自加印图书者,按照《印刷行业管理暂行条例》有关规定查处。

十六、出版社主动、彻底清查,及时处理有关图书,并向主管部门如实报告的,可以从宽处理;拖延、抵制整顿的,要从重处罚。

 

One thought on “Supplementary Explanation concerning Some Concrete Questions in Publisher Rectification of Cooperative Publishing, Printing and Distribution Agency

    Latest Updates | China Copyright and Media said:
    December 8, 2012 at 10:41 am

    […] Supplementary Explanation concerning Some Concrete Questions in Publisher Rectification of Cooperati… (1989) […]

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