Urgent Notice concerning Strengthening Laser Music Disc and Laser Video Disc Reproduction Management
CCP Central Propaganda Department, Administration of Press and Publications, State Planning Commission, Ministry of Foreign Trade and Economic Cooperation, General Administration of Customs, State Administration of Industry and Commerce, National Copyright Administration
12 April 1994
ZXFW No. 5
Laser Music Discs and Laser Video Discs are new media audiovisual product developed in the Eighties. They emergence has had a positive function in the development of our country’s audiovisual products and enriching the popular masses’ cultural lives. But, in recent years, the development of Laser Music Disc and Laser Video Disc production lines in our country has been overly fierce, bringing some negative effects. In order to restrain blind development, the State Planning Commission has issued notices in 1992, requiring a strict restriction of the broad Laser Music Disc and Laser Video Disc production capacity. After the document was issued, the situation slightly improved. At the same time, there were also some localities and departments in which the ban was not implemented, and which continue to approve the construction of Laser Music Disc production lines under many names on their own initiative. At present, our country’s Laser Music Disc and Laser Video Disc production capacity exceeds domestic market demand by far. These Laser Music Disc reproduction plants, apart from a few cases that have been officially approved, are for the great majority approved by various localities on their own initiative and in violation of regulations. This sort of duplicate construction and blind development not only creates consumption of assets, but also throws market order into chaos, damages the lawful rights and interests of publishers, consumers and copyright holders, creating a bad influence.
In order to strengthen management over the Laser Music Disc and Laser Video Disc reproduction sector, and ensure its healthy and orderly development, the following is hereby urgently notified:
I, Work units of any nature, any subordinate relationship and any name that reproduce or produce Laser Music Discs or Laser Video Discs, must be examined and approved by the Administration of Press and Publications according to the procedure for establishing an audiovisual reproduction work unit and subject to its specialized management, their Sino-foreign investment programmes, their contracts and rules must be reported to the Ministry of Foreign Trade for examination and approval. Without approval of the Administration of Press and Publications, it is without exception not permitted to produce Laser Music Discs or Laser Video Discs.
II, At present, in principle, no new establishment of Laser Music Disc or Laser Video Disc production lines and transformation programmes to expand existing production capacity will be examined and approved. All provincial, autonomous region and municipal audiovisual specialized management departments are requested to, together with Planning Committees, Economic and Trade Committees (Offices) Administrative Industry and Commerce Management Bureaus and other departments, conduct a one-time complete clean-up of Laser Music Disc and Laser Video Disc reproduction plants that have already been established, clarify the situation of the titles, quantities, product orientation and implementation of relevant management regulations of reproduction plans, and before the end of May 1994, report the examination opinion to the Administration of Press and Publications. Foreign-invested enterprises’ inspection opinions are to be reported to the Ministry of Foreign Trade at the same time. After examination and verification by the Administration of Press and Publications, they are to conduct audiovisual reproduction work unit examination and approval formalities in phases. Those who do not meet conditions or have committed acts gravely violating laws or regulations rectify in a limited time; those who do not reach requirements after the time limited, are ordered to cease the production of Laser Video Discs or Laser Music Discs according to the law.
III, All Customs must strengthen inspection of Laser Music Disc and Laser Video Disc mould import and the export quantity of finished products. Concerning material imported for Laser Video Discs or Laser Music Discs for which material is imported or accepted for processing, Customs provides registration and filing on the basis of the approval documents provided by the local specialized audiovisual management department. Processed finished products must be strongly managed and cancelled after verification by Customs, guaranteeing that the products are completely exported. Where processed finished products are sold internally, the enterprise shall hold approval documents from the local specialized audiovisual management departments, undergo examination and verification by Customs, they may only be sold internally after conducting import tax formalities. Where Customs discover export of Laser Video Discs or Laser Music Discs or import of their models without holding certification from the local specialized audiovisual management department, they shall be withdrawn from circulation. If they are not truthfully reported to Customs, or Customs supervision is evaded, punishment will be imposed according to the “Customs Law of the People’s Republic of China”, the “Administrative Customs Punishment Law of the People’s Republic of China” as well as other relevant regulations.
IV, All provincial, autonomous region and municipal specialized audiovisual management departments must strengthen daily management over Laser Music Disc and Laser Video Disc reproduction work units, must earnestly investigate the content and sources of programmes that are reproduced or processed, and timely grasp the titles, quantities and orientations of works that are reproduced or processed. Where piracy or unlawful duplication activities are discovered, it shall be immediately rectified or investigated and prosecuted according to the law, together with local copyright and administrative industry and commerce management departments.
V, All local specialized audiovisual management departments must, after receiving this Notice, together with relevant departments, organize forces to conduct a one-time earnest clean-up of Laser Music Discs and Laser Video Discs entering the market, apart from Laser Video Discs and Laser Music Discs that are published and distributed by State-approved official audiovisual publishing work units and those imported with approval, they are all to be considered as illegal publications, are confiscated by relevant departments according to the law, and related work units and responsible persons are investigated and prosecuted according to the law.
中共中央宣传部 新闻出版署 国家计划委员会
对外贸易经济合作部 海关总署 国家工商行政管理局 国家版权局