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

nancial reports of the board of governors；

　　6. formulate an internal management system；

　　7. decide on the proposals for transferring royalty fees and the ratio of management fees to be withdrawn by the copyright collective management organization； and

　　8. decide on other major matters.

　　The Members‘ Assembly shall be convened once a year. An interim Members’ Assembly may be held if it is proposed by over 10% of the members or by the board of governors. The decisions of the Members‘ Assembly shall be passed by over half of the members present at the meeting through voting.

　　Article 18　Copyright collective management organizations shall establish a board of governors accountable to the Members‘ Assembly and execute the decisions of the Members’ Assembly. There shall not be fewer than nine persons of members of the board of governors.

　　The term of the board of governors shall be four years. An election shall be held upon expiration of the term. In special circumstances， the election may be held earlier or postponed， provided that it is not postponed for more than one year.

　　PART FOUR　COPYRIGHT COLLECTIVE MANAGEMENT ACTIVITIES

　　Article 19　A Right Owner may enter into a contract for collective management of copyright in writing with a copyright collective management organization to authorize the said organization to manage the copyright or neighbouring rights to which the Right Owner is entitled according to law. Where the Right Owner meets the criteria for joining in accordance with the articles of association， the copyright collective management organization shall conclude the copyright collective management contract with the Right Owner， and may not turn down the Right Owner.

　　After the Right Owner has concluded a contract for collective management of copyright with the copyright collective management organization and completed the relevant procedures in accordance with the articles of association， he shall become a member of the copyright collective management organization.

　　Article 20　After the Right Owner has concluded a contract for collective management of

copyright with the copyright collective management organization， the Right Owner may not， within the time period stipulated in the contract， exercise by himself or authorize others to exercise the rights that shall be exercised by the copyright collective management organization according to the stipulations of the contract.

　　Article 21　The Right Owner may withdraw from the copyright collective management organization in accordance with the procedures stipulated in the articles of association and terminate the contract for collective management of copyright. However， where the copyright collective management organization has already concluded a Licensing Contract with another party， such contract shall continue to be valid until the contract expires. Within the term of validity of the contract， the Right Owner is entitled to receive the corresponding royalty fees， and may access the relevant business materials.

　　Article 22　Foreigners or stateless persons may， through an overseas organizations of the same type that has concluded a mutual representation agreement with a Chinese copyright collective management organization， authorize the Chinese copyright collective management organization to manage the copyrights and neighbouring rights to which they are entitled according to law in the People‘s Republic of China.

　　For the purposes of the preceding paragraph， the term “mutual representation agreement” shall mean an agreement concluded between a Chinese copyright collective management organization and an overseas organization of the same type that mutually authorize the other party to conduct collective copyright management activities in their respective country or region.

　　Mutual representation agreements concluded between copyright collective management organizations and overseas organizations of the same type shall be submitted， for record filing， to the copyright administration department of the State Council， which shall make an announcement thereof.

　　Article 23　Where a copyright collective management organization permits others to use the works and audio and video products it manages， it shall conclude a written Licensing Contract with the user.

　　The copyright collective management organization may not conclude an exclusive Licensing Contract with the user.

　　Where a user， on the basis of reasonable terms， requests to conclude a Licensing Contract with the copyright collective management organization， the copyright collective management organization may not refuse to do so.

　　The term of a Licensing Contract may not exceed two years， and may be renewed upon expiration of the term.

　　Article 24　Copyright collective management organizations shall establish a right information inquiry system for inquiry by Right Owners and users. The right information inquiry system shall include the types of right managed by the copyright collective management organization， the title of the works and audio and video products， the name or title of Right Owners and the term of authorized management.

　　Where a Right Owner or user inquires about the information of the rights managed by the copyright collective management organization， the organization shall respond to such inquiry.

　　Article 25　Except for the royalty fees required to be paid as stipulated in Article 23， Paragraph Two of Article 32， Paragraph Three of Article 39， Paragraph Two of Article 42 and Article 43 of the Copyright Law， a copyright collective management organization shall， in accordance with the standards for collection of royalty fees announced by the copyright administration department of the State Council， agree with users on the specific amount of royalty fee to be collected.

　　Article 26　Where two or more copyright collective management organizations collect royalty fees from the same user for the same type of use， the organizations may determine in advance upon consul

tation that the fees shall be collected centrally by one of the copyright collective management organizations. The royalty fees collected centrally may be distributed upon consultation among the relevant copyright collective management organizations.

　　Article 27　When a user pays royalty fees to a copyright collective management organization， it shall provide such details of use as the title of the works and audio and video products used， the name or title of the Right Owner， and the method， quantity and time of use， unless otherwise stipulated by the Licensing Contact.

　　If the relevant details of use provided by the user involves the trade secrets of the user， the copyright collective management organization shall be obliged to maintain confidentiality.

　　Article 28　Copyright collective management organizations may withdraw a certain percentage of the royalty fees collected as management fees for the purpose of maintaining their normal business activities.

　　The percentage of management fees withdrawn by the copyright collective management organization shall be gradually reduced with the increase in royalty fees.

　　Article 29　The royalty fees collected by copyright collective management organizations， after the withdrawal of management fees， shall be transferred in full to the Right Owner and may not be used for other purposes.

　　When transferring the royalty fees， copyright collective management organizations shall formulate royalty fee transfer records. The royalty fee transfer records shall specify such matters as the total amount of royalty fees， the amount of management fees， name or title of the Right Owner， the title of the works or audio and video products， details of the use， and the specific amount of royalty fees transferred to each Right Owner， and shall be kept for at least 10 years.

　　PART FIVE　SUPERVISION OF COPYRIGHT COLLECTIVE MANAGEMENT ORGANIZATIONS

　　Article 30　Copyright collective management organizations shall establish financial， accounting and asset management systems according to law and set up accounting books in accordance with the relevant State regulations.

　　Article 31　The use of assets and financial management of copyright collective management organizations shall be supervised by the copyright administration department of the State Council and the civil affairs department of the State Council.

　　Copyright collective management organizations shall prepare financial and accounting reports at the end of each fiscal year and appoint an accounting firm to conduct audit according to law， and shall announce the audit results to the public.

　　Article 32　Copyright collective management organizations shall make a record of the following matters for access by Right Owners and users：

　　1. the licensing details of the works；

　　2. the details of the collection and transfer of royalty fees； and

　　3. the details of the withdrawal and use of management fees.

　　Right Owners have the right to access and reproduce the financial reports， work reports and other business materials of the copyright collective management organization. The copyright collective management organization shall provide convenience to such access and reproduction.

　　Article 33　Where a Right Owner deems that the copyright collective management organization is in any of the following circumstances， he may report to the copyright administration department of the State Council：

　　1. a Right Owner that meets the criteria for joining stipulated in the articles of association requests to join the

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