音像制品管理条例 REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA ON THE ADMINISTRATION OF AUDIO-VISUAL PRODUCTS

e administrative department for cultural affairs and the administrative department for broadcasting， cinema and television under the State Council.

　　Matters concerning copyright in a contract of cooperative production of audio-visual products have to be registered with the administrative department for copyright affairs under the State Council.

　　Article 16 No book-publishing unit may publish audio-visual products not in support of books published under its own imprint. A book-publishing unit intends to engage in publishing operations of audio-visual products in support of books published under its own imprint， it shall go through the formalities of examination and approval in accordance with the provisions of Article 9 of these Regulations.

　　Article 17 An audio-visual publishing unit shall publish audio-visual products in accordance with the approved list of selected titles. The administrative procedures regarding lists of selected titles shall be formulated by the administrative department responsible for the press and the publishing industry under the State Council.

　　Article 18 The contents of the audio-visual products published by an audio-visual publishing unit （including audio-visual products produced by the unit in cooperation with an organization or individual in the region of Hong Kong， Macau or Taiwan or in a foreign country） shall have their contents to be examined in accordance with the provisions of the examining organ concerning the contents of audio-visual products， which organ will then issue a Licence for Distribution in Audio-visual Products， before they can be reproduced or sold wholesale or retail.

　　The administrative procedures regarding a Licence for Distribution in Audio-visual Products shall be formulated by the administrative department responsible for the press and the publishing industry under the State Council jointly with the administrative department for cultural affairs and the administrative department for broadcasting， cinema and television under the State Council.

　　Chapter III Reproduction

　　Article 19 The administrative department r

esponsible for the press and the publishing industry under the State Council shall， in accordance with the development program of audio-visual publishing enterprises， determine the total number， distribution and structure of reproduction units for audio-visual products nation-wide.

　　Article 20 To establish an audio-visual reproducing unit， the following conditions should be met：

　　（1） To conform to the development program for audio-visual enterprises；

　　（2） To have a well-defined scope of business；

　　（3） To have an organization suitable to the needs of its scope of business；

　　（4） To have the necessary funds， equipment and reproduction premises.

　　Article 21 To apply for establishing an audio-visual reproducing unit， the higher administrative department responsible for the applicant unit shall submit the application to the administrative department for audio-visual products of the People's Government of the province， autonomous region， or municipality directly under the Central Government where the applicant unit is located for examination and， on obtaining the consent of the People's Government of the province， autonomous region， or municipality directly under the Central Government， the administrative department for audio-visual products of the People's Government of the province， autonomous region or municipality directly under the Central Government shall submit the application to the administrative department responsible for the press and the publishing industry under the State Council for examination and approval. The latter shall make a decision within 90 days from the date of receipt of the application.

　　The application shall include the following items：

　　（1） the name and address of the audio-visual reproducing unit and the economic sector to which it belongs；

　　（2） the names and addresses of the higher administrative department responsible for， and the sponsor entity of， the audio-visual reproducing unit and the economic sector to which each of them belongs；

　　（3） the name， address and qualification certifying documents of the principal responsible person or legal representative of the audio-visual reproducing unit；

　　（4） the source and amount of the funds of the audio-visual reproducing unit.

　　Article 22 After the administrative department responsible for the press and the publishing industry under the State Council has approved the application for establishing the audio-visual reproducing unit and issued the applicant unit with a Licence for Reproducing and Dealing in Audio-visual Products， the applicant unit shall take the Licence to the local administrative department for industry and commerce for registration within 60 days.

　　On the basis of the Licence for Reproducing and Dealing in Audio-visual Products issued by the administrative department responsible for the press and the publishing industry under the State Council and of the relevant provisions in respect of the administration of industry and commerce， the administrative department for industry and commerce shall issue the applicant unit with a business licence.

　　Article 23 An audio-visual reproducing unit intends to change its name， its relation of subordination or its business scope， it shall go through the formalities of examination， approval and registration again in accordance with the provisions of Articles 21 and 22 of these Regulations.

　　An audio-visual reproducing unit intends to change its address， principal responsible person or legal representative， it shall go through the formalities of altering its registration at the initial organ of issuance of the Licence.

　　An audio-visual reproducing unit intends to terminate its reproducing operations and dealings， it shall go through the formalities of cancelling its registration at the initial organ of issuance of the Licence within 30 days from the date of cessation o

f its operating activities.

　　Article 24 An audio-visual publishing unit may entrust an audio-visual reproducing unit approved by the State with the reproduction of audio-visual products. But it may not entrust the audio-visual reproducing unit with the reading and editing of audio-visual products.

　　Article 25 An audio-visual reproducing unit shall reproduce audio-visual products on the strength of the certificate of entrustment drawn up by an audio-visual publishing unit. When accepting an entrusting order， the audio-visual reproducing unit shall require the entrusting unit to provide the relevant certifying documents.

　　Certifying documents mentioned in the section above include a copy each of the Licence for Publishing and Dealing in Audio-visual Products and the business licence of the entrusting unit， a certificate of entrustment with the signature or seal of the principal responsible person or legal representative affixed， the Licence for Distribution in Audio-visual Products， and the written authorization of the copyright owner.

　　The audio-visual reproducing unit shall conclude with the entrusting unit a contract in which the entrusting unit shall entrust it with the reproduction， and it shall reproduce the audio-visual products according to the stipulations in the contract.

　　The audio-visual reproducing unit shall preserve samples of the audio-visual products it reproduces and the relevant certifying documents.

　　No audio-visual reproducing unit may accept an entrusting order to reproduce profit-making audio-visual products from a unit or individual other than an audio-visual publishing unit. The audio-visual reproducing unit may not reproduce and sell audio-visual products， wholesale or retail， of its own accord.

　　Article 26 An audio-visual reproducing unit accepts master tapes and moulds provided from abroad to reproduce audio-visual products， it shall submit the master tapes and moulds to the administrative department for audio-visual products at the provincial level to be examined as to their contents， and shall take the letter of authorization of the copyright owner to the administrative department for copyright affairs for registration. The audio-visual products reproduced shall all be sold abroad.

　　Chapter IV Importation

　　Article 27 The examining organ of the contents of audio-visual products shall be responsible for examining the contents of imported audio-visual products. After they are examined and found to be up to standard， the administrative department for cultural affairs and the administrative department for broadcasting， cinema and television under the State Council shall， each according to the division of their responsibility， issue a Licence for Distribution in Audio-visual Products and report the matter to the administrative department responsible for the press and the publishing industry under the State Council for the record， before the imported audio-visual products can be reproduced and sold wholesale or retail.

　　Article 28 Audio-visual products used for reproduction are imported， the relevant data on copyright have to be submitted to the administrative department for copyright affairs under the State Council for registration.

　　Audio-visual products imported for reference in research， teaching and studying shall not be used for profit-making reproduction， wholesale， retail， rental and projection.

　　Chapter V Wholesale， Retail， Rental and Projection

　　Article 29 A unit intending to apply for engaging in general wholesale operations in audio-visual products shall file an application with the admini

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/