NCA

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 »

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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 »

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 »

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 »

Notice Concerning Printing and Issuing the “Copyright Work Plan in the ’12th Five-Year Plan’ Period”

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GBF No. (2011)5

All provincial, autonomous region and municipal copyright bureaus, the Xinjiang Production-Construction Corps Copyright Bureau, Liberation Army General Political Department Propaganda Department Copyright Bureau, all provincial-level administrative cultural market law enforcement teams, the China Copyright Association, the China Copyright Protection Centre, all collective copyright management organizations, all work units and social organizations related to copyright:

The “12th Five-Year Plan” Period is a key period in completely constructing a relatively well-off society, and is an important period in accelerating the development of copyright work revolving around “scientific development at the core, accelerating the transformation of economic development methods as main line”. According to the “Outline of the 12th Five-Year Plan for National Economic and Social Development of the People’s Republic of China” and the National Intellectual Property Rights Strategy Outline”, and integrating the copyright work reality, the National Copyright Administration formulated the “Copyright Work Plan in the ’12th Five-Year Plan’ Period” (hereafter simply named Plan), and has determined the development objectives, main tasks and strategic objectives of the following five years of our country’s copyright work, and these are hereby printed and issued. Read the rest of this entry »

Film Work Collective Copyright Management Use Fee Transfer Payment Rules

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According to the “Copyright Law of the People’s Republic of China”, the “Collective Copyright Management Regulations” and the “China Film Copyright Association Constitution”, these rules on payment to rights holders of film work copyright use fees are formulated. Read the rest of this entry »

Film Work Copyright Collective Management Use Fee Collection Standards

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According to the relevant provisions of laws and regulations such as the “Copyright Law of the People’s Republic of China” and the “Collective Copyright Management Regulations”, etc., learning from domestic and foreign collective copyright management groups’ pricing scales, integrating the present realistic situation of China’s film copyright trade, through broad and deep investigation and research, and fully hearing the opinions of rights holders and users, for film work use in the area of mass media, these film work copyright collective management use fee collection standards are formulated. Read the rest of this entry »

National Copyright Administration Decision Concerning Commending and Rewarding Meritorious Work Units and Individuals Investigating and Prosecuting Infringement and Piracy Cases in the Year 2008

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NCAC No. (2009)1

All provincial, autonomous region and municipal copyright bureaus, Liberation Army General Political Department Propaganda Department Copyright Bureau:

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Copyright Administrative Punishment Implementation Rules

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The National Copyright Administration of the People’s Republic of China Decree

No. 6

The “Copyright Administrative Punishment Implementation Rules”, were passed in the 1st department meeting of the National Copyright Administration on 21 April 2009, and will take effect on 15 June 2009 Read the rest of this entry »

Provisional Rules on Rewarding Reporting, Investigating and Punishing Infringement or piracy Activities

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Article 1: In order to encourage reporting, investigation and prosecution of infringement or piracy activities, severely attack infringement or piracy activities, safeguard the orderly development of copyright-related industries, according to relevant State laws and regulations, these Rules are formulated. Read the rest of this entry »

Notice Concerning Launching a Concentrated Campaign Attacking Pirated Audiovisual and Computer Software Products

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All provincial, autonomous region and municipal “Sweeping Pornography and Striking Illegality” leading small group offices, Party Committee Propaganda Departments, Politico-legal committees, culture offices (bureaus), press and publications bureaus, copyright bureaus, industry and commerce bureaus, industry and commerce bureaus, public security offices (bureaus), construction offices (commissions), supervision offices (bureaus): Read the rest of this entry »

Announcement concerning Launching the Anti-Piracy Hundred Days Campaign

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All provincial, autonomous region and municipal “Sweeping Pornography and Striking Illegality” work leading small groups, culture offices (bureaus), press and publications bureaus, copyright bureaus, industry and commerce bureaus, public security offices(bureaus), construction offices (committees), supervision offices (bureaus):

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Public Security Bureau, National Copyright Administration Temporary Regulations Concerning Strengthening Cooperation and Coordination in the Attack Work on Unlawful and Criminal Copyright Infringement

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Promulgated on 26 March 2006

Article 1: In order to strengthen the coordination and cooperation of Public Security organs and the copyright administrative management entities (hereafter named “both parties”), to severely attack unlawful and criminal acts of copyright infringement, to protect the copyright and related rights of the authors of literary, artistic and scientific works, and to stimulate the development and prospering of cultural and scientific enterprises, these Regulations are formulated in accordance with the “Criminal Law of the People’s Republic of China”, the “Copyright Law of the People’s Republic of China”, the “Regulations on Transfer of Suspected Criminal Cases by Administrative Enforcement Entities” and related laws and regulations. Read the rest of this entry »

Administrative Protection of Internet Copyright Rules

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Article 1: In order to strengthen the administrative protection of the right of communication through information networks in Internet information services, and regulate the law enforcement administration acts, these Rules are formulated in accordance with the “Copyright Law of the People’s Republic of China” and other relevant laws and administrative regulations

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Rules on Rewarding Meritorious Persons Reporting “Pornography Production”, “Pornography Peddling”, Infringement, Piracy and Other Illegal Publishing Activities

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National “Sweeping Pornography” Work Group, Ministry of Finance, Ministry of Public Security, Administration of Press and Publications, National Copyright Administration

All provincial, autonomous region and municipal “Sweeping Pornography” work groups, finance offices (bureaus), public security offices (bureaus), press and publications bureaus, and copyright bureaus:

In order to severely attack all kinds of illegal publishing activities, standardize the reporting award system for the publications market nationwide, and guarantee the healthy and orderly development of the publications market, the National “Sweeping Pornography” Work Group, Ministry of Finance, Ministry of Public Security, Administration of Press and Publications, and National Copyright Administration        have jointly formulated the “Rules on Rewarding Meritorious Persons Reporting ‘Pornography Production’, ‘Pornography Peddling”, Infringement, Piracy and Other Illegal Publishing Activities”, these are hereby sent to you, please earnestly implement them. Read the rest of this entry »

Notice Concerning Distribution of the “Trial Rules on Voluntary Registration of Works”

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The requirements of our country’s copyright law are similar to the provisions of common countries’ copyright laws and the “Berne Convention”, and do not require the performance of any form of registration formality for the implementation of automatic protection of copyright rule, and copyright is enjoyed immediately upon completing the creation of the work. But because our country’s copyright law protection commenced relatively later, the copyright consciousness of the entire society is still very low, and in the process of copyright law implementation, many authors put forward their hope for registering their own works with administrative copyright management organs, and having a formal determination of their copyright, in order to further clarify to whom the copyright belongs, and which may act as preliminary evidence when copyright disputes arise. A number of work units using works also reflected that because it is not clear to whom copyright belongs in the process of use, copyright disputes might easily occur, and if a formal work registration process can be formed, it will provide convenience when using works.

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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 Read the rest of this entry »