Copyright

Internet News Information Service Management Regulations

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Chapter I: General Provisions

Article 1: In order to strengthen Internet information content management and stimulate the healthy and orderly development of Internet news information services, on the basis of the “Cybersecurity Law of the People’s Republic of China”, the “Internet Information Service Management Rules”, and the “State Council Notice concerning Authorizing the State Internet Information Office to Take Responsibility of Internet Information Content Management Work”, these Regulations are formulated.

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Online Publishing Service Management Rules

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Chapter I: General Principles

Article 1: In order to standardize the online publishing services order, stimulate the healthy and orderly development of the online publishing services sector, on the basis of the “Publishing Management Regulations”, the “Internet Information Service Management Regulations” and relevant laws and regulations, these Rules are promulgated.

Article 2: These Rules apply to online publishing services provided within the borders of the People’s Republic of China

Online publishing services as mentioned in these rules refers to the provision of online publications to the public through information networks. Read the rest of this entry »

Management Rules for the Dissemination of Audiovisual Programmes through the Internet and Other Information Networks

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(Opinion-solicitation draft)

Chapter I: General Principles

Article 1: In order to standardize the audiovisual programme dissemination order through the Internet and other information networks, stimulate the healthy and orderly development of audiovisual programme dissemination services through the Internet and other such information networks, safeguard the national interest and the public interest, and protect the lawful rights and interests of the public and bodies involved, these Rules are formulated. Read the rest of this entry »

Notice concerning the Standardization of the Online Reprinting Copyright Order

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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: Read the rest of this entry »

Guiding Opinions concerning Promoting the Healthy Development of Online Literature

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Notice concerning Printing and Issuance of the “Guiding Opinions concerning Promoting the Healthy Development of Online Literature”

All provincial, autonomous and municipal press, publications, radio, film and television bureaus, the Xinjiang Production-Construction Corps Press and Publications Bureau, the Liberation Army General Political Department Propaganda Department Press and Publications Bureau, all Centre and State organs’ ministries and commissions, all democratic parties, all people’s organizations’ press, publications, radio and television controlling departments, the China Publishing Group Co., relevant Internet publishing bodies:

In order to implement the deployments of the 18th Party Congress and the 3rd and 4th Plenums of the 18th Party congress, earnestly implement the spirit of the important speech that General Secretary Xi Jinping grave at the Literature and Art Work Conference, and promote the healthy and orderly development of online literature, the “Guiding Opinions concerning Promoting the Healthy Development of Online Literature” are hereby issued to you, please implement them earnestly. All localities and all relevant departments must fully understand the important significance of stimulating the healthy development of online literature, strengthen organizational leadership, adopt forceful measures, firmly move work forward in all areas, incessantly guide online literature to practice the Socialist core value system, carry forward the true, the good and the beautiful, and disseminate positive energy.

State Administration of Press, Publications, Radio, Film and Television Read the rest of this entry »

Notice concerning Further Implementing Regulations on the Management of Online Foreign Film and Television Dramas

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All provincial, autonomous region and municipal press, publications, radio, film and television bureaus, the Xinjiang Production-Construction Corps Radio, Film and Television Bureau

On the basis of the “Radio and Television Management Regulations” (State Council Decree No. 228), the “Internet Audiovisual Programme Service Management Regulations” (SARFT, Ministry of Industry and Information Technology Decree No. 56), the State Administration of Radio, Film and Television “Notice concerning Strengthening Management over Internet Dissemination of Film and Television Dramas” (GF No. (2007)122) and other such regulations and provisions, foreign film and television dramas used for dissemination on the Internet and other such information networks shall obtain a “Public Film Screening Permit” or a “Television Drama Distribution Permit” according to the law. In order to develop online culture and let it flourish, and vigorously absorb the excellent cultural achievements of the world at the same time as inheriting and carrying forward China’s excellent cultural traditions, the following provisions on further implementing management over dissemination of foreign film and television dramas on information networks (hereafter simply named online foreign film and television dramas) are hereby notified: Read the rest of this entry »

State Council publishes new Copyright Law Revision Draft

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On 6 June, the State Council Legal Affairs Office published a new draft to revise the Copyright Law (h/t China IPR). This is the third draft that has been published, reviving an process that had fallen someway out of the spotlight during the turbulent first year of the Xi administration. The State Council is accepting responses and opinions concerning this draft until 5 July. After this, it will conceivably be sent to the National People’s Congress for further reading. I am currently comparing the new version with the second revision draft, published by the National Copyright Administration in 2012, and will publish a full translation and comment in due course. In the mean time, the State Council’s accompanying explanatory document is translated below.

Explanation of the “Copyright Law of the People’s Republic of China” (Submission Version of the Revision Draft)

In order to smoothly carry out the revision work of the Copyright Law, the National Copyright Association has established a special “National Copyright Administration Leading Group for Copyright Law Revision Work” and a “National Copyright Administration Expert Committee for Copyright Law Revision Work”, these broadly solicited opinions and suggestions from all walks of society concerning work to revise the law, and have entrusted three education and research work units that are relatively influential domestically in the area of copyright to draft separate expert suggestion drafts for the revision of the Copyright Law. After the first versions of the Copyright Law Revision Drafts were created, the National Copyright Administration solicited opinions respectively from the social public, legislative, judicial and administrative departments, as well as corresponding social organizations, through its official website and special letters, it organized or participated in specific conferences directed at soliciting opinions in specific areas, specific sectors of specific departments, and heard suggestions and opinions in face-to-face meetings with relevant interested subjects. More than a year ago, on the basis of broadly listening to the opinions of the social public and domestic and foreign relevant organs, and through repeated research, analysis and argumentation, it created the “Copyright Law of the People’s Republic of China” (Submission Version of the Revision Draft) (hereafter simply named Submission Version”). Hereby, the relevant content from the Submission Version is explained as follows: Read the rest of this entry »

Copyright Law of the People’s Republic of China (Revision Draft, Submission Version)

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National Copyright Administration

Revision Draft, Submission Version

Chapter I: General Principles

Chapter II: Copyright

Section I: Copyright holders and their rights

Section II: Copyright entitlement

Section III: The term of protection of copyright

Chapter III: Related rights

Section I: Publishers

Section II: Performers

Section III: Audio producers

Section IV: Radio stations and television stations

Chapter IV: The limitations of rights

Chapter V: The exercise of rights

Section I: Copyright and related right contracts

Section II: Collective copyright management

Chapter VI: Technological protection measures and rights management information

Chapter VII: The protection of rights

Chapter VIII: Supplementary provisions

Chapter I: General provisions Read the rest of this entry »

Notice concerning Printing and Issuing the Provisions on the Main Duties, Internal Structuring and Personnel Allocation of the General Administration of Press, Publications, Radio, Film and Television

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GBF No. (2013)76

All provincial, autonomous region and municipal People’s Governments, all State Council Ministries and Commissions, all directly subordinate organs:

The “Provisions on the Main Duties, Internal Structuring and Personnel Allocation of the General Administration of Press, Publications, Radio, Film and Television” have been approved by the State Council and are hereby printed and issued.

State Council General Office

11 July 2013 Read the rest of this entry »

State Council Decision concerning Revising the “Implementation Regulations for the Copyright Law of the People’s Republic of China”

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This revision of the Copyright Law Implementation Regulations refines punitive rules for copyright infringements that harm social or public interest. The maximum punishment for large cases has been increased from three times to five times the illegal business value, and a mandatory minimum of one time the illegal business value has been added. For smaller cases, the maximum fine has been raised from 100.000 Yuan to 250.000 Yuan.

The State Council has decided to make the following revision to the  “Implementation Regulations for the Copyright Law of the People’s Republic of China”:

Article 36 is revised into: “Where an act of infringement listed in Article 48 of the Copyright law occurs, and at the same time, the social or public interest is harmed, and illegal business value is 50.000 Yuan or more, the administrative copyright management department may impose a fine of one time or more but less than five times the illegal business value; where there is no illegal business value or the illegal business value is less than 50.000 Yuan, the administrative copyright management department, on the basis of the gravity of the circumstances, may impose a fine of 250.000 Yuan or less.”

This Decision takes effect on 1 March 2013.

The “Implementation Regulations for the Copyright Law of the People’s Republic of China” are revised on the basis of this Decision and promulgated again. Read the rest of this entry »

Decision concerning Revising the “Information Network Dissemination Right Protection Regulations”

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People’s Republic of China State Council Decree

No. 634.

The “State Council Decision concerning Revising the ‘Information Network Dissemination Right Protection Regulations'” was passed at the 231st Business Meeting of the State Council on 16 January 2013, is hereby promulgated, and takes effect on 1 March 2013.

Premier: Wen Jiabao

30 January 2013 Read the rest of this entry »

Report concerning the Situation of Intellectual Property Rights Adjudication Work

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Committee Head, all Vice Committee Heads, Secretary General, all Committee Members:

On the basis of the arrangement of this Standing Committee, I represent the Supreme People’s Court in reporting the situation of intellectual property rights adjudication in People’s Courts since 2008, for your deliberation.

I, Progress and achievements in intellectual property rights adjudication work in recent years. Read the rest of this entry »

Network Publishing Service Management Regulations (Opinion-Seeking Revision Draft)

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Chapter I: General Principles

Article 1: In order to standardize network publishing services order, stimulate the healthy and orderly development of publishing service business, on the basis of the State Council’s “Publishing Management Regulations” and “Internet Service Management Rules”, and corresponding laws and regulations, these Regulations are formulated.

Article 2: These regulations apply to engaging in network publishing business within the territory of the People’s Republic of China. Read the rest of this entry »

Regulations concerning Some Issues of Applicable Law in Hearing Civil Dispute Cases on Infringement of the Right to Dissemination through Information Networks

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(FS (2012)20, passed at the 1561st meeting of the Supreme People’s Court Trial Committee on 26 November 2012

Supreme People’s Court of the People’s Republic of China Announcement

The “Supreme People’s Court Regulations concerning Some Issues of Applicable Law in Hearing Civil Dispute Cases on Infringement of the Right to Dissemination through Information Networks” have been passed at the 1561st of the Supreme People’s Court Trial Committee on 26 November 2011, are hereby promulgated and take effect on 1 January 2013.

Supreme People’s Court

17 December 2012. Read the rest of this entry »

Interpretation concerning Some Questions on Concretely Applicable Law in Hearing Civil Dispute Cases of Infringement of the Right to Dissemination Through Information Networks

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The “Supreme People’s Court Interpretation concerning Some Questions on Concretely Applicable Law in Hearing Civil Dispute Cases of Infringement of the Right of Dissemination Through Information Networks” has been passed on 26 January 2012 by the 1561st meeting of the Supreme People’s Court Trial Committee, is hereby promulgated, and will take effect on 1 January 2013.

Supreme People’s Court

17 December 2012 Read the rest of this entry »

Copyright Law of the People’s Republic of China (Second Revision Draft)

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Changes in the updated document in comparison with the earlier March draft are underlined.

National Copyright Administration, July 2012

Chapter I: General Principles

Chapter II: Copyright

Section I: Copyright holders and their rights

Section II: Copyright entitlement

Section III: The term of protection of copyright

Chapter III: Related rights

Section I: Publishers

Section II: Performers

Section III: Audio producers

Section IV: Radio stations and television stations

Chapter IV: The limitations of rights

Chapter V: The exercise of rights

Section I: Copyright and related right contracts

Section II: Collective copyright management

Chapter VI: Technological protection measures and rights management information

Chapter VII: The protection of rights

Chapter VIII: Supplementary provisions Read the rest of this entry »

A Brief Explanation concerning the Revision and Perfection of the “Copyright Law of the People’s Republic of China” (Second Revision Draft)

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(National Copyright Administration, July 2012)

I, The basic situation of the Opinion-seeking Draft

On 31 March 2012, the National Copyright Administration published the “Copyright Law of the People’s Republic of China” (Revision Draft) through the official websites of the National Copyright Administration and the General Administration of Press and Publications, and openly solicited the opinions and suggestions from all walks of society. In early April, the National Copyright Administration legislative work leading small group chair, General Administration of Press and Publications Director and National Copyright Administration Director Liu Binje and legislative work leading small group vice-chair, GAPP vice-director and NCA vice-director Comrade Yan Xiaohong respectively sent letters to the responsible comrades of 35 relevant departments to solicit opinions in their personal name; the National Copyright Administration Secretariat sent letters to 40 relevant State Council ministries and commissions to solicit opinions. Read the rest of this entry »

2012 Work Essentials for Attacking Intellectual Property Rights Infringements and the Production and Sale of Fake and Inferior Products Nationwide

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State Council Secretariat Notice Concerning Printing and Issuing the 2012 Work Essentials for Attacking Intellectual Property Rights Infringements and the Production and Sale of Fake and Inferior Products Nationwide

GBF No. (2012)30

All provincial, autonomous region and municipal People’s Governments, all State Council Ministries and Commissions, all directly subordinate organs:

The “2012 Work Essentials for Attacking Intellectual Property Rights Infringements and the Production and Sale of Fake and Inferior Products Nationwide” have been agreed to by the State Council, are hereby issued to you, please earnestly implement them.

State Council Secretariat

15 May 2012

2012 Work Essentials for Attacking Intellectual Property Rights Infringements and the Production and Sale of Fake and Inferior Products Nationwide

Work to attack intellectual property rights infringement and the production and sale of fake and inferior products nationwide in 2012 must persist in treating both root causes and symptoms, and focusing on prominent matters, completely implement the spirit of the “State Council Opinions Concerning Further Performing Work Attacking Intellectual Property Rights Infringements and the Production and Sale of Fake and Inferior Products” (GF No. (2011)37), revolve around prominent problems of infringement and fakes, launch special campaigns, strengthen criminal judicial attack, establish and perfect long-term mechanisms, strengthen basic construction, strengthen propaganda and guidance, and guarantee work efficiency. Read the rest of this entry »

A Brief Explanation concerning the “Copyright Law of the People’s Republic of China” (Revision Draft)

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At the end of March, the National Copyright Administration published a draft for the upcoming revision of the Copyright Law. It also issued an accompanying explanation as to which changes were made in the Copyright Law and why. Mainly, these changes are to be found in consolidating the copyright law regime, by including a number of provisions which were present only in administrative regulations; bringing the law in line with the WIPO treaties to which China acceded in 2007; instituting new requirements on copyright-related contract registration; and expanding the role of collective copyright management organizations. Also, the draft provides a safe haven for technological network service providers.

I, The basic situation of our country’s copyright law

The basic framework of our country’s copyright legal system is composed of laws, administrative regulations, local regulations, departmental rules, local government rules, normative documents, judicial interpretation, as well as corresponding international treaties, etc. After 20 years of efforts, our country has shaped a relatively complete copyright law system. Read the rest of this entry »

Copyright Law of the People’s Republic of China (Revision Draft)

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National Copyright Administration, March 2012

Chapter I: General Principles

Chapter II: Copyright

Section I: Copyright holders and their rights

Section II: Copyright entitlement

Section III: The term of protection of copyright

Chapter III: Related rights

Section I: Publishers

Section II: Performers

Section III: Audio producers

Section IV: Radio stations and television stations

Chapter IV: The limitations of rights

Chapter V: The exercise of rights

Section I: Copyright and related right contracts

Section II: Collective copyright management

Chapter VI: Technological protection measures and rights management information

Chapter VII: The protection of rights

Chapter VIII: Supplementary provisions Read the rest of this entry »