In order to implement the CCP Central Committee General Office and State Council General Office “Guiding Opinions concerning Promoting the Converged Development of Traditional Media and New Media”, encourage lawful and sincere business between newspaper and periodical work units and Internet media, promote the establishment and completion of copyright cooperation mechanisms, and standardize the online reprint copyright order, on the basis of the relevant regulations of the “Copyright Law of the People’s Republic of China”, the “Copyright Law Implementation Regulations of the People’s Republic of China”, and the “Regulations to Protect the Right of Distribution Through Information Networks”, matters concerning standardizing the online reprint copyright order are hereby notified as follows:
I, Where Internet media reprint a work of another person, they shall abide by the relevant provisions of copyright laws and regulations, they must obtain permission from the copyright holder and pay remuneration, and shall clearly indicate the name of the author, the name of the work and the source of the work. Except where laws and regulations provide otherwise.
Internet media that reprint a work of another person according to the previous Paragraph may not infringe other rights and interests the copyright holder lawfully enjoys.
II, The provisions of Article 33, Para. 2 of the “Copyright Law” apply to the reprinting of already published works between newspaper and periodical work units, ie. after a work is published, except where the copyright holder has indicated that reprinting or extraction is not permitted, other newspaper and periodicals may reprint the work or publish it in digests or reference works, but must pay remuneration to the copyright holder according to regulations.
The provisions of the previous Paragraph do not apply to the reprinting of already published works between newspaper and periodical work units and Internet media, and between Internet media, in these cases, permission from the copyright holder shall be obtained, and remuneration paid.
III, Internet media that reprint a work of another person may not substantially revise the content of the work; where syntactic revisions or deletions are made in a title or content, it is not permitted to distort or alter the original meaning of the title or the work.
IV, Current events-type news ad mentioned in Article 5 of the “Copyright Law”, refers to purely factual information reported in newspapers, periodicals, radio stations, television stations and other such media, such purely factual information is not protected by copyright law. All information, copy, features, reports and other works containing individual creative labour of the copyright holder do not fall under the term purely factual information, when Internet media reprint them, they must obtain permission from the copyright holder and pay remuneration.
V, Newspaper and periodical work units may conclude contracts with copyright holders permitting the use of works obtained through methods including soliciting contributions and draft submissions, which clarifies the categories of rights where use is contractually permitted, whether or not the rights where use is permitted are exclusive usage rights or non-exclusive usage rights, the geographical scope and time period of permitted use, remuneration standards and methods, contractual liability as well as other content that both parties believe necessary in the contract. Where both parties agree that rights are exercised by the newspaper and periodical work unit, Internet media reprinting said work shall obtain permission from the newspaper and periodical work unit and pay remuneration.
VI, Newspaper and periodical work units may conclude agreements with their personnel through contract about the ownership of copyright of works created by personnel during the completion of their work in the newspaper and periodical unit. Where it is contractually agreed that copyright is enjoyed by the newspaper and periodical work unit, newspaper and periodical work units may, by publishing copyright statements, clarify the ownership relations of works published in newspapers and periodicals, Internet media reprinting this kind of work shall obtain remuneration from the newspaper and periodical work unit and pay remuneration.
VII, Newspaper and periodical work units and Internet media shall establish and complete intra-work unit copyright management structures. [They must] establish a works information database about the copyright the work unit and the work unit’s personnel enjoys, which clearly records information about the rights ownership in works, and information concerning the method and period of authorization to which works licenced for use to other persons should be subject. [They must] establish an information database concerning works by others licenced for use, which clearly records information about the source of rights, the method of authorization, the period of authorization, etc.
VII, Copyright cooperation mechanisms for online reprints shall be established between newspaper and periodical work units and Internet media, and between Internet media, through the conclusion of copyright licensing agreements and other such methods, copyright examination and verification of reprinted works shall be strengthened, reasonable licensing price systems shall be explored, to further perfect licensing and trading mechanisms for works.
IX, All levels’ administrative copyright management departments strengthen copyright supervision and management concerning Internet media, support sectoral organizations in promoting copyright protection, copyright trade, self-discipline, rights defence and playing other such positive roles, strictly attack unlicensed reprinting, and acts of infringement and piracy by illegally distributing other persons’ works.
National Copyright Administration General Office
17 April 2015