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

copyright collective management organization， or a member requests to withdraw from the copyright collective management organization in accordance with the procedure stipulated in the articles of association， but is rejected by the copyright collective management organization；

　　2. the copyright collective manageme

nt organization fails to collect or transfer royalty fees， or to withdraw or use the management fees in accordance with the provisions； or

　　3. a Right Owner requests to access the records and business materials stipulated in Article 32 hereof， and the copyright collective management organization refuses to provide them.

　　Article 34　Where a user 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. the copyright collective management organization， in violation of Article 23 hereof， refuses to conclude a Licensing Contract with the user；

　　2. the copyright collective management organization fails to collect the specific amount of royalty fees according to the standards for collection of royalty fees in the announcement； or

　　3. the user requests to access the records and business materials stipulated in Article 32 hereof， and the copyright collective management organization refuses to provide them.

　　Article 35　Where a citizen， legal person or other organization other than the Right Owner and the user deems that the copyright collective management organization has committed an act in violation of the provisions hereof， such person or organization may report the violation to the copyright administration department of the State Council.

　　Article 36　The copyright administration department of the State Council shall， within 60 days of the date of receipt of a report， conduct an investigation into the exposed or reported matter and handle the same according to law.

　　Article 37　The copyright administration department of the State Council may supervise copyright collective management organizations by way of the following means and make a record of its supervision activities：

　　1. inspect whether the business activities of the copyright collective management organization comply with the provisions hereof and its articles of association；

　　2. verify and examine the accounting books， annual budget and final reports and other relevant business materials of the copyright collective management organization； and

　　3. despatch personnel to attend such major meetings of the copyright collective management organization as the Members‘ Assembly and meeting of the board of governors.

　　Article 38　Copyright collective management organizations shall accept the supervision of the civil affairs department and other relevant departments of the State Council.

　　PART SIX　LEGAL LIABILITY

　　Article 39　If the copyright collective management organization is in any of the following circumstances， the copyright administration department of the State Council shall order rectification within a prescribed time limit：

　　1. failure to submit the mutual representation agreement concluded with the overseas organization of the same type to the copyright administration department of the State Council for record filing in accordance with Article 22 hereof；

　　2. failure to establish a right information inquiry system in accordance with Article 24 hereof； or

　　3. failure to collect the specific amount of royalty fees according to the standards for collection of royalty fees in the announcement.

　　If a copyright collective management organization exceeds its business scope in the management of rights of Right Owners， the copyright administration department of the State Council shall order rectification within a prescribed time limit， and the Licensing Contract concluded with the users shall become invalid. Where damages are caused to the Right Owners or users thereby， the copyright collective management organization shall bear civil liability according to law.

　　Article 40　Where a copyright collective management organization is in any of the following circumstances， the copyright administra

tion department of the State Council shall order rectification within a prescribed time limit. If no rectification is made within the time limit， the copyright administration department of the State Council shall request the Members‘ Assembly or board of governors to remove or dismiss the directly responsible personnel from office in accordance with the scope of authority stipulated herein：

　　1. refuses to conclude a contract for collective management of copyright with the Right Owner in violation of Article 19 hereof， or rejects the request of a member to withdraw from the organization in violation of Article 21 hereof；

　　2. refuses to conclude a Licensing Contract with the user in violation of Article 23 hereof；

　　3. withdraw management fees in violation of Article 28 hereof；

　　4. transfers royalty fees in violation of Article 29 hereof； or

　　5. refuses to provide or provides false accounting books， annual budgets and final reports or other relevant business materials.

　　Article 41　Where a copyright collective management organization， without any proper reasons， fails to conduct copyright collective management activities for more than six months from the date on which the civil affairs department of the State Council issues the registration certificate， or if it suspends copyright collective management activities for more than six consecutive months， the copyright administration department of the State Council shall revoke its permit for collective management of copyright， and the civil affairs department of the State Council shall cancel its registration.

　　Article 42　Where a copyright collective management organization engages in for-profit business activities， it shall be banned， and the illegal income shall be confiscated， by the administration for industry and commerce according to law. Where a criminal offence is constituted， criminal liability shall be pursued in accordance with the law.

　　Article 43　Where， in violation of Article 27 hereof， a user is able to provide the details of use but refuses to do so or practises fraud in providing such information， the copyright administration department of the State Council shall order rectification. The copyright collective management organization may terminate the Licensing Contract.

　　Article 44　Where a copyright collective management organization or a branch office is established， or copyright collective management activities are carried out， without authorization， the organization or branch office shall be banned， and the illegal income shall be confiscated， by the copyright administration department of the State Council or the civil affairs department of the State Council in accordance with the division of responsibilities. Where a criminal offence is constituted， criminal liability shall be pursued in accordance with the law.

　　Article 45　Where the personnel of State administrative authorities that are responsible for the examination and approval， and supervision of copyright collective management organizations pursuant to the provisions hereof are derelict in their duties， abuse power， or practise graft， criminal liability shall be pursued in accordance with the law where a criminal offence is constituted. Where the act is not sufficient to constitute a criminal offence， administrative penalty shall be imposed in accordance with the law.

　　PART SEVEN　SUPPLEMENTARY PROVISIONS

　　Article 46　Copyright collective management organizations already established before the implementation hereof shall， within three months of the date on which these Regulations become effective， submit their articles of associations， standards for collection of royalty fees， Method of Transferring Royalty Fees and other relevant materials to the copyright administration department of the State Council for examination and verification， and shall also submit their mutual representation agreements conclude

d with overseas organizations of the same type to the copyright administration department of the State Council for record filing.

　　Article 47　Where any person uses the works of others in accordance with Article 23， Paragraph Two of Article 32， and Paragraph Three of Article 39， but fails to pay the royalty fees to the Right Owner in accordance with Article 32 of the PRC Copyright Law Implementing Regulations， it shall submit the royalty fees， the postal fees， and the details on the use of works to the copyright collective management organization that manages the relevant rights. The copyright collective management organization shall transfer the royalty fees to the Right Owner.

　　The copyright collective management organization responsible for transferring royalty fees shall establish an inquiry system for details of use of works for access by both Right Owners and users.

　　The copyright collective management organization responsible for transferring the royalty fees may withdraw such fees collected as management fee. The amount to be withdrawn shall equal to 50% of the management fee of the copyright collective management organization determined at the Members‘ Assembly. Except for management fees， the copyright collective management organization shall not withdraw any other fees from the royalty fees collected.

　　Article 48　These Regulations shall be effective as of 1 March 2005

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