著作权集体管理条例 Collective Management of Copyright Regulations

国务院令第429号

（Promulgated by the State Council on 28 December 2004 and effective as of 1 March 2005.）

颁布日期：20041228 　实施日期：20050301 　颁布单位：国务院

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Regulations are formulated in accordance with the PRC， Copyright Law （the Copyright Law） in order to regulate the collective management activities of copyrights， and facilitate the exercise of rights by copyright owners and owners of neighbouring rights （Right Owners） and use of works by users.

　　Article 2　For the purposes of these Regulations， the term “collective management of copyright” shall mean a collective management organization， upon authorization of a Right Owner， collectively exercises the relevant rights of the Right Owner and conducts the following activities in its own name：

　　1. conclude a licensing contract for use of the copyright and neighbouring rights （Licensing Contract） with the user；

　　2. collect a royalty fee from the user；

　　3. transfer the royalty fee to the Right Owner； and

　　4. participate in litigation or arbitration involving the copyright or neighbouring rights.

　　Article 3　For the purposes of these Regulations， a “copyright collective management organization” shall mean a social organization established according to law for the interests of Right Owners that， upon authorization of the Right Owners， conduct collective management of their copyright and neighbouring rights.

　　Copyright collective management organizations shall register and conduct activities in accordance with the administrative regulations on the administration of registration of social organizations and the provisions hereof.

　　Article 4　Copyright collective management organizations may exercise collective management of copyrights that the Right Owners find it difficult to effectively exercise the rights on their own， such as the right of performance， the right of projection， the right of broadcast， the right of rental， the right of communication via an information network， and the right of reproduction stipulated in the Copyright Law.

　　Article 5　The copyright administration department of the State Council shall be responsible for the nationwide collective management of copyright.

　　Article 6　No organization or individual may engage in copyright collective management activities except for copyright collective management organizations established in accordance with the provisions hereof.

　　PART TWO　ESTABLISHMENT OF COPYRIGHT COLLECTIVE MANAGEMENT ORGANIZATIONS

　　Article 7　Chinese citizens， legal persons and other organizations that enjoy copyright or neighbouring rights according to law may initiate the establishment of copyright collective management organization.

　　To establish a copyright collective management organization， the following criteria shall be satisfied：

　　1. the number of Right Owners that initiates the establishment of copyright collective management organization shall not be less than 50；

　　2. the business scope does not intersect or overlap with that of the copyright collective management organizations already registered according to law；

　　3. it is able to represent the interests of the relevant Right Owners throughout the country； and

　　4. it has draft articles of association， draft standards for collection of royalty fees， and draft method of transferring royalty fees to Right Owners （Method of Transferring Royalty Fees） for the copyright collective management organization.

　　Article 8　The articles of association of a copyright collective management organization shall set forth the following particulars：

　　1. name and domicile；

　　2. purpose of establishment；

　　3. business scope；

　　4. organization and organs， and their functions and powers；

　　5. minimum quorum for

members‘ assembly；

　　6. duties of the board of governors as well as the qualifications， procedure for selection and dismissal of the responsible person of the board of governors；

　　7. methods of withdrawal and use of management fees；

　　8. criteria and procedure for members to join and withdraw from the copyright collective management organization；

　　9. procedure for amending the articles of association； and

　　10. criteria and procedure for termination of the copyright collective management organization， and the disposal of assets upon termination.

　　Article 9　To apply for establishment of a copyright collective management organization， the materials proving compliance with the requirements stipulated in Article 7 hereof shall be submitted to the copyright administration department of the State Council. The copyright administration department of the State Council shall render a decision on whether or not to approve the application within 60 days of the date of receipt of the materials. Where an application is approved， a permit for collective management of copyright shall be issued. Where approval is not granted， the reasons therefor shall be stated.

　　Article 10　Applicants shall handle registration procedures with the civil affairs department of the State Council in accordance with the administrative regulations on the administration of registration of social organizations within 30 days of the date of issue of the permit for collective management of copyright by the copyright administration department of the State Council.

　　Article 11　Copyright collective management organizations that are registered according to law shall， within 30 days from the date on which the civil affairs department of the State Council issues the registration certificate， submit a copy of the registration certificate to the copyright administration department of the State Council for record filing. The copyright administration department of the State Council shall publicize the filed copy of the registration certificate， and the articles of association， the standards for collection of royalty fees， and the Method of Transferring Royalty Fees of the collective management organization.

　　Article 12　Where a copyright collective management organization establishes a branch office， it shall obtain the approval of the copyright administration department of the State Council， and shall handle registration procedures with the civil affairs department of the State Council in accordance with the administrative regulations on the administration of registration of social organizations. Upon registration according to law， the copyright collective management organization shall submit， for record filing， a copy of the registration certificate of the branch office to the copyright administration department of the State Council， which shall make an announcement thereof.

　　Article 13　Copyright collective management organizations shall formulate the standards for collection of royalty fees according to the following factors：

　　1. the time， method and geographic scope of the use of the works and audio and video products；

　　2. the type of rights； and

　　3. the degree of complexity in concluding the Licensing Contract and collecting royalty fees.

　　Article 14　Copyright collective management organizations shall formulate the Method of Transferring Royalty Fees according to the use of the works or audio and video products of the Right Owner.

　　Article 15　Where a copyright collective management organization amends its articles of association， it shall submit the draft amendment to the copyright administration department of the State Council for approval. The copyright administration department of the State Council shall announce the amended articles of association after verification by the civil affairs department of the State Council according to law.

　　Article 16　Where the registration of a copyright collective management organization is cancelled according to law， the copyright collective management organization may not engage in business activities of collective management of copyright from the date on which its registration is cancelled.

　　PART THREE　ORGANS OF COPYRIGHT COLLECTIVE MANAGEMENT ORGANIZATIONS

　　Article 17　The members‘ assembly of a copyright collective management organization （Members’ Assembly） shall be the organ with authority of the copyright collective management organization.

　　The board of governors shall be responsible for convening Members‘ Assemblies in accordance with the provisions hereof. The board of governors shall announce the date， venue and proposed items for deliberation 60 days before the Members’ Assembly is convened. Members that attend the Members‘ Assembly shall register 30 days before the Members’ Assembly is convened. If the number of members that registers to attend the Members‘ Assembly is less than the minimum quorum stipulated in the articles of association， the board of governors shall announce the registration details of the Members’ Assembly. Members may carry out supplementary registration five days before the Members‘ Assembly is convened. The Members’ Assembly shall be held by all members that register to attend the Members‘ Assembly.

　　The Members‘ Assembly shall exercise the following functions and powers：

　　1. formulate and amend the articles of associations；

　　2. formulate and amend the standards for collection of royalty fees；

　　3. formulate and amend the Method of Transferring Royalty Fees；

　　4. elect and dismiss members of the board of governors；

　　5. deliberate on and approve the work reports and fi

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