Notice Concerning Further Strengthening Radio, Film and Television Programme Copyright Protection Work
On 16 September, SARFT notified all provincial, autonomous region and municipal radio, film and television bureaus, the three central stations, film channel programme production centres and the China Education Television Channel about the issue of the “SARFT Notice Concerning Further Strengthening Radio, Film and Television Programme Copyright Protection Work”, the Notice states that in recent years, through the joint efforts of all levels’ radio, film and television management entities and broadcasting organs, the intellectual property rights protection in the whole system has been strengthened incessantly, the situation of infringing or pirating of television dramas and films by broadcasting organs has clearly changed. But there still are a number of broadcasting organs that disregard State laws and relevant SARFT regulations, and in violation of regulations and in an infringing way broadcast programmes of which they have not lawfully obtained authorization or that did not obtain a distribution permit, which influenced the social image of radio and television. In order to further enforce discipline, rectify the radio and television programme broadcast order, protect the lawful rights and interests of copyright holders, according to the “Copyright Law of the People’s Republic of China”, the “Radio and Television Management Regulations” and relevant SARFT regulations, the following is hereby notified:
I, Uniform ideology, raising understanding. All levels’ administrative radio, film and television entities must fully understand the importance of intellectual property rights protection work, starting from the complete picture of radio and television development, grasp making intellectual property rights protection work into a long-term work duty, implement management work completely. Localities meeting conditions must establish an “Intellectual Property Rights Protection Work Leading Small Group” as soon as possible, to be commanded by controlling leaders, with responsible persons in broadcasting organs in the jurisdiction participating, to formulate corresponding management systems and supervision measures, guide and supervise all broadcasting organs’ intellectual property rights protection work in the jurisdiction, where problems are discovered, to timely correct them, shaping a long-lasting work system.
II, Completing systems, strict enforcement. All levels’ radio, film and television copyright management entities must realistically supervise and urge all broadcasting organs to do well examination and gate keeping work of broadcasted programmes, it is necessary to establish and perfect management systems within the organs, standardizing programme broadcast acts. It is necessary to earnestly implement the “Triple Examination System” of programmes and the re-broadcast re-examination system, guarantee the correct content orientation of programmes, persist in cutting broadcast of existing of film and television programmes with content violating the provisions of the “Radio and Television Management Regulations” and the relevant SARFT regulations.
III, Earnestly examining all procedures. All broadcasting organs when broadcasting films, television dramas, cartoons and other television programmes not produced by that organ, must strictly according to the “Radio and Television Management Regulations and relevant SARFT regulations, earnestly examine and verify the “Permit” formalities or approval documents of the broadcasted programme, it is necessary to guarantee the lawfulness of the “Radio and Television Programme Production Business Permit”, “Cartoon Distribution Permit”, “Television Drama Distribution Permit” or “Film Public Screening Permit” of the broadcasted programme. Programmes for which lawful approval documents or corresponding distribution permits cannot be provided according to regulations, may absolutely not be planned for broadcast.
IV, Obtaining lawful authorization. All broadcasting organs, when purchasing programmes already having obtained the abovementioned lawful approval documents or corresponding distribution permits, must simultaneously obtain lawful broadcasting authorization from the copyright holder, and conduct broadcast according to the permitted broadcasting time and geographical scope in the authorization contract or agreement. Programmes for which lawful broadcast rights have not been obtained, may without exception not be planned for broadcast.
Domestic television channels landing abroad must appropriately resolve the question of copyright lawfulness in landing countries or regions, avoiding copyright disputes.
All sorts of film reviews or television review and information columns introducing domestic and foreign films and television dramas organized by broadcasting organs, where using film or television drama clubs in excess of the scope of reasonable use, must obtain copyright use permission in advance.
V, Earnestly conducting clean up. From the date of issue of this Notice, all broadcasting organs must immediately conduct comparative clean-up and earnest self-examination of the programmes prepared for broadcast by that organ according to the requirements of this Notice. Completely cleaning up all programmes not having obtained lawful broadcasting authorization and approval documents, focusing on investigating all sorts of columns illegally broadcasting domestic and foreign films or television drama, it is necessary to immediately stop activities violating regulations and conducting rectification, it is necessary to conduct registration of the clean-up situation, and report to the local provincial-level administrative radio, film and television entity for filing.
VI, Realistically strengthening supervision and management work. All levels’ administrative radio, film and television entities must continue to expand supervision and management strength, fully use the existing broadcast supervision methods to strengthen supervision work over programmes broadcast by broadcasting organs in their jurisdiction and programme filing and sample examination work. Where problems are discovered, timely correcting them, and supervising and urging the corresponding broadcast organ to earnestly perform rectification work. It is necessary to strictly investigate and prosecute impenitent, gravely infringing and pirating broadcasting organs and radio and television programme production business organs according to the “Radio and Television Management Regulations”, and report the investigation and prosecution situation to the SARFT Social Management Department for filing.
The SARFT Social Management department will, from the date of issue of this Notice, conduct specialized supervision over the implementation situation of all stations nationwide, and shall strictly punish broadcasting organs that did not correct according to laws and regulations.
Please timely transmit this Notice to all broadcasting organs in the jurisdiction, and earnestly supervise the implementation situation.