Ministry of Culture
In order to implement the “Outline of the National ’11th Five Year Plan’ Period Cultural Development Plan” issued by the Central Committee Secretariat and the State Council Secretariat, raise our country’s network music original creation levels, strengthen network music management, standardize network music import, and stimulate the healthy development of the network music industry, on the basis of the “State Council Decision on Administrative Examination and Approval Items that Need to be Preserved and Establishing Administrative Permits” (State Council Decree No. 412, hereafter simply named “Decision”) and the Ministry of Culture “Provisional Internet Culture Management Regulations” (Ministry of Culture Decree No. 27, revised according to Ministry of Culture Decree No. 32, hereafter simply named “Regulations”, the following opinions are put forward:
I, Our country’s network music market situation and development objectives
(1) In recent years, our country’s network music market has developed rapidly, music products are distributed through all sorts of cable and wireless methods such as the Internet, mobile communications networks, etc., digitized music product production, dissemination and consumption models have been shaped, which stimulated our country’s network culture industry development and enriched the popular masses’ cultural and entertainment life.
(2) Problems that are not to be ignored still exist in our country’s network music market, a part of the network music products have a low style, problems of piracy, illegal linking, illegal uploading and downloading and other intellectual property rights infringements and destruction of market order are prominent, some work units disseminate imported network music products that have not passed through examination without authorization, and content violating the customs and habits of ethnicities or influencing social stability have even appeared in small amounts of network music products, these problems have gravely harmed the healthy development of our country’s network music market.
(3) The development objectives of network music markets are: encouraging and supporting the creation and dissemination of healthy and upwards network music products with ethnic original creations, expanding ethnic network culture development spaces. Standardizing network music market order, protecting intellectual property rights, perfecting supervision and management structures, strengthening network music enterprises’ competitive strength, striving to forge a batch of original ethnic creation network music brands with a Chinese style and international influence.
II, Supporting the healthy development of the network music industry.
(4) Persisting in the correct value orientation, supporting the development of originally created network music. We must, according to the requirements of the “Outline of the National ’11th Five Year Plan’ Period Cultural Development Plan” and the “State Informatization Development Strategy 2006 – 2020”, accelerate and move forward the digitization and networking of excellent music products rich in ethnic style and the characteristics of the times, encourage and support domestic network service providers, network operators and music content providers to popularize and disseminate originally created network music products that stick close to reality, stick close to life and stick close to the masses, embody the spirit of the nation, and reflect the characteristics of the times.
(5) Promoting technology and content integration, fostering network music markets. Paying attention to utilizing digital technology and network technology to reform and upgrade the traditional music industry. Establishing excellent originally created network music product selection, reward and popularization mechanisms, upgrading network music production quality and levels. Awarding originally created network music products with a strong ideological nature, high artistry and integrating music content and network technology perfectly.
(6) Strengthening network music enterprises’ market competition strength. Supporting small and medium network music enterprise development. Encouraging and supporting digital technology, network technology as well as hardware enterprises to invest in, merge with or purchase cultural content business enterprises, shaping network cultural enterprise groups with capital as linkage, technology as support, and content at the core. Supporting a batch of network music enterprises with strong innovative capacity, good business reputation, and having indigenous intellectual property rights. Establishing State network culture innovation systems with enterprises as the main part, the market as guidance, vigorous government support, integrating industry, learning and research, striving to transform the superiorities of our country’s music resources and markets into enterprise competitive superiority and industry superiority.
III, Standardizing network music market order
(7) According to the characteristics of extensive Internet coverage, rapid dissemination speed, enterprise subjects’ interregional business, etc., exploring new network music market supervision and management models, innovating new cultural market supervision and management lines of thinking. Integrating law enforcement resources, strengthening a sense of cooperation, raising case-handling efficiency, establishing and completing cross-departmental and cross-regional cooperative investigation systems, striving to establish a healthy, flourishing, standardized and orderly network music market.
(8) Straitening market access, strengthening content supervision and management. Applications to establish Internet culture business work units engaging in network music business activities, shall conform to the requirements of the “Regulations”. When engaging in network music product business activities, a Ministry of Culture-issued “Network Culture Business Permit” must be obtained. It is prohibited to establish foreign-invested network culture business work units.
(9) Implementing network music product content examination systems. All network music products disseminated within the borders of the People’s Republic of China, must be approved by the Ministry of Culture for import and filed. Imported network music products must undergo content inspection by the Ministry of Culture, and only afterwards may be used for business. Where imported music products already underwent Ministry of Culture content examination is disseminated through networks, formalities must be conducted by commercial Internet culture work units according to the law. (See attachment for corresponding requirements). Engaging in network music import business, must be conducted by commercial Internet culture work units approved by the Ministry of Culture. Culture departments investigate and prosecute those disseminating imported network music products without authorization according to the law, and submit this to the telecommunications management departments to impose punishments on the corresponding websites according to the law. Domestic music products that are aimed to be specially disseminated through networks, shall be reported to the Ministry of Culture for filing.
(10) Establishing vigorous and healthy network culture environments. Timely and rationally coordinating the relationship between music content providers, network service providers and consumers, opposing unfair competition and sector monopolies, forging multi-win win cooperation mechanisms and industry chains, building open, fair, just and good market environments. Network music enterprises must strengthen inspection of music products imitated, created and performed by netizens themselves that are not for profit or commercial marketing objectives. It is necessary to initiate network civilization, strengthen network moral control, establish and perfect network behaviour standards, vigorously guide the broad masses’ network music creation, consciously resisting the corrosion of bad content, abandon the vulgar tendencies of network music products, establishing vigorous and healthy network culture.
(11) Expanding law enforcement strength, standardizing network music markets. Those engaging in unauthorized network music and other network culture business operations without Ministry of Culture permission must be banned according to the law. Those disseminating matters with content violating laws or regulations, shall be punished according to Article 24 of the “Regulations”. Where circumstances are grave and it constitutes a crime, criminal responsibility is investigated according to the law. Administrative culture departments must vigorously unite with relevant departments to jointly attack unlawful activities of infringing and pirating music. All websites that trade without permits or trade in content violating laws or regulations, must be investigated and prosecuted strictly according to the “Regulations”, all walks of society may report issues by calling the 12318 reporting telephone line. Those disseminating other persons’ music products through information networks without permission of copyright holders, where circumstances are grave and it constitutes a crime, be punished by judicial organs according to the “Criminal Law”.
(12) Strengthening sector self-discipline and social supervision. Vigorously stimulating the relevant segments of network music industry chains to mix together and communicate, innovate business methods, commercial models and marketing or popularization methods, avoid homogenic competition and malicious competition within the same sector, strive to foster a network music market with positive interaction, sustainable development and harmony. Vigorously giving rein to the demonstration functioning of network music enterprises that obey the law in doing business and have a fine reputation. Establishing and completing sector associations and organizations, strengthening sector self-discipline, sector supervision and sector service.
Attachments: 1. “Ministry of Culture Imported Network Music Product Reporting Form”
2. Network music product content examination procedures and reporting materials
20 December 2006