Urgent Notice concerning Strengthening Laser Music Disc and Laser Video Disc Reproduction Management

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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. [1994]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.

 

关于加强激光唱盘、激光视盘复制管理的紧急通知

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

1994年4月12日

中宣发文[1994]5号

 

激光唱盘、激光视盘是80年代发展起来的新媒体音像制品。它的出现,对于我国音像制品的发展,丰富人民群众的文化生活,起到了积极的作用。但是,近几年来,我国激光唱盘、激光视盘复制生产线的发展过猛,带来一些负面效应。为遏制其盲目发展。国家计委曾于1992年发出通知,要求严格限制扩大激光唱盘和激光视盘生产能力。文件下发后,情况稍有好转。同时,也有一些地方和部门有禁不止,继续自行以各种名义批建激光唱盘生产线。目前,我国激光唱盘、激光视盘生产能力远远超过国内市场需求。这些激光唱盘复制厂除个别经正式批准外,绝大多数均为各地违反有关规定,自行批准建立的。这种重复建设,盲目发展,不仅造成资财的消费,而且扰乱了行业秩序,损害了出版者,消费者、著作权人的合法权益,造成了不良影响。
为加强激光唱盘、激光视盘复制业的管理,使其健康、有序地发展,现紧急通知如下:
一、无论何种性质、何种隶属关系、何种名称的单位复制生产激光唱盘、激光视盘,均需由新闻出版署按照设立音像复录单位的程序审批和归口管理,其中外商投资项目,其合同章程需报外经贸部审批。未经新闻出版署批准,一律不得生产激光唱盘、激光视盘。
二、当前原则上不再审批新建激光唱盘、激光视盘生产线和扩大现有生产能力的改造项目。请各省、自治区、直辖市音像归口管理部门会同计委、经贸委(厅)、工商行政管理局等部门对辖区内已经设立的激光唱盘、激光视盘复制厂进行一次全面清查,摸清其复制加工的品种、数量、产品去向及执行有关管理规定的情况,并于1994年5月底以前,将审查意见报新闻出版署。外商投资企业的审查意见同时上报外经贸部。经新闻出版署审核后,分期分批办理音像复录单位审批手续。对条件不具备或有严重违反法律、法规行为的,限期改正;超过期限仍不能达到要求的,依法责令停止生产激光唱盘、激光视盘。
三、各海关要加强对激光唱盘、激光视盘模版进口及其成品批量出口的查验。对进料加工、来料加工为出口激光唱盘、激光视盘而进口的料件,海关凭当地音像归口管理部门出具的批准证明予以登记备案。对加工的成品,海关要加强管理、核销,确保成品全部出口。加工的成品需转内销的,企业应持当地音像归口管理部门批准证件,经海关审核并办理进口纳税手续后方准内销。海关发现有未持当地音像归口管理部门证明,出口激光唱盘、激光视盘,及进口其模版的,均予退运。对不如实向海关申报,或逃避海关监管的,依照《中华人民共和国海关法》和《中华人民共和国海关法行政处罚实施细则》,以及其它有关法规进行处理。
四、各省、自治区、直辖市音像归口管理部门要加强对激光唱盘、激光视盘复制单位的日常管理,对其复制加工的节目内容和节目来源要认真审查,对复制加工的品种、数量、去向及时掌握。发现盗版或违法翻录行为,应会同当地版权和工商行政管理部门,立即予以纠正或依法查处。
五、各地音像归口管理部门接本通知后,要会同有关部门,组织力量对进入市场的激光唱盘、激光视盘进行一次认真清理,除国家批准的正式音像出版单位出版发行和经批准引进的激光唱盘、激光视盘外,一律视为非法出版物,由有关部门依法予以收缴,并对有关单位和责任人依法进行查处。

One thought on “Urgent Notice concerning Strengthening Laser Music Disc and Laser Video Disc Reproduction Management

    Latest Updates | China Copyright and Media said:
    May 18, 2013 at 10:06 am

    […] Urgent Notice concerning Strengthening Laser Music Disc and Laser Video Disc Reproduction Managemen… (1994) […]

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