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Provisions of Shanghai Municipality on Administration of Copyright
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| (Promulgated by the Shanghai Municipal People ' s Government on January 3, 2000) Article 1 Purpose and Basis These provisions are formulated for the purposes of strengthening the management of copyright; protecting the legitimate rights and interests of the copyright owner and of the user or disseminator of copyrighted work; encouraging the creation and dissemination of works that would contribute to the building of socialist culture and ideology and to socialist material development; and promoting foreign-related scientific, technological, economic, and cultural cooperation and exchange. These provisions are formulated in accordance with the Copyright Law of the People ' s Republic of China, the Implementing Regulations of the Copyright Law of the People' s Republic of China, and other related laws and regulations, with full consideration given to actual conditions in Shanghai Municipality. Article 2 Application These Provisions shall apply to the performance and the administration of copyright and its related rights in the administrative area of the Municipality. Article 3 Competent and Coordinating Departments The Shanghai Copyright Bureau (hereinafter referred to as "the Copyright Bureau") is the competent administrative department of the copyright in the Municipality and is responsible for the implementation of these Provisions. The Departments of Industry and Commerce; News and Publication; Radio, Film and Television; Culture; Public Security; Customs; Science and Technology; Education; Technology Supervision; Foreign Economic Trade; and Survey and Drawing shall, at all levels and in accordance with their respective duties, participate in the administration of copyright. Article 4 Copyright Protection Association The Shanghai Copyright Protection Association is the corporate juridical person protecting the legitimate rights and interests of the copyright owner and of the user or disseminator of copyrighted work, in accordance with law. It conducts training, scholastic exchange, and consulting service in copyright, pursuant to its regulations under the guidance and supervision of the Copyright Bureau. Article 5 Copyright Transfer The property right in copyright can be transferred either partly or wholly. Where the property right in copyright is transferred, the assignor and the assignee shall conclude a written contract. Article 6 Exercise of Rights When Copyright Owner Terminates When a juridical person or other organization that owns a copyright terminates, and no juridical person or other organization may assume its rights or duties, the right to use the copyrighted work and the right to claim remuneration within the legal protection period shall be exercised by the Copyright Bureau on behalf of the country. Where a copyright is neither inherited nor bequeathed when the citizen owning the copyright dies, the right to use the copyrighted work and the right to claim remuneration within the legal protection period shall be exercised as follows: 1. if the author was a member of a collective economic organization at the time of death, by the collective economic organization; 2. if the author was a member of a non-collective economic organization at the time of death, by the Copyright Bureau on behalf of the country. Where the Copyright Bureau exercises, in accordance with the first and the second clause of this Article, the right to use copyrighted work and the right to claim remuneration, an announcement shall be made beforehand and the remuneration for the use of the copyrighted work shall be turned over to the State Treasury. Article 7 Payment of Remuneration for Permitted Use of Work Under the Copyright Law of the People' s Republic of China, a newspaper, periodical, radio station, television station, producer of sound recordings, or performer may exploit a published work without obtaining a license from the copyright owner but must, before or within thirty days after the exploitation, pay the copyright owner in accordance with the tariff of remuneration established by the country. Where the name or the address of the copyright owner is not clear, the remuneration shall be transferred as follows: 1. if the exploited work is a musical work, by the Shanghai representative office of the China Copyright Association of Musical Works; 2. if the exploited work is other than a musical work, by the organization appointed by the Copyright Bureau. Where a commercial performance is presented, the organizer shall, as proxy, pay the remuneration. The Shanghai Copyright Protection Association shall provide consulting service regarding the payment of remuneration. Article 8 Payment of Remuneration for Commercial Use Where the work of another is exploited through technical equipment in a commercial activity, the manager of the commercial activity shall pay the remuneration to the copyright owner via the national copyright collective management organization in accordance with the tariff of remuneration established by the organization. The detailed implementing rules shall be proposed by the Copyright Bureau in accordance with relevant national regulations and be enacted upon approval by the Municipal People' s Government. Article 9 Application for Registration of Copyrighted Work; Grant of Registration A system for registering copyrighted works on a voluntary basis is implemented in the Municipality. The owner of a copyright for any type of work other than computer software may apply to the Copyright Bureau or its appointed registration organization for the registration of the work. The applicant shall provide the following materials: 1. a duplicate copy of either the original work or the published work; 2. the identity card of the citizen or, if a juridical person or other organization, the certificate of establishment and registration; and 3. other materials as stipulated by law, regulation, or rule. The registration organization shall examine and verify the application materials within thirty days of their receipt. The registration organization shall not register a work whose protection period has expired or a work whose publication or dissemination is prohibited by law. Where registration is granted, the registration organization shall issue to the applicant a work registration card. In the absence of proof to the contrary, the work registration card may be used as proof of copyright ownership of the work. The registration organization shall publish the voluntarily registered copyright owner and the copyrighted work. Article 10 Cancellation of Registration Where the work registration organization ascertains any of the following, it shall cancel the registration and recall the work registration: 1. the work registration information is inconsistent with a judicial judgement, an arbitration award, or actual circumstances; 2. the legal copyright protection period of the work has expired; or 3. the registrant requests the cancellation. Article 11 Inquiry Service about the Register of Copyrighted Works The work registration organization shall maintain the register of copyrighted works and shall provide, in respect to it, an inquiry service to the public. Detailed rules for the inquiry service shall be stipulated elsewhere by the Copyright Bureau. Article 12 Registration and Entry into Force of Copyright Contract of Pledge Where the property right in a copyright is pledged, the pledger and the pledgee shall conclude a written contract of pledge and shall register the contract of pledge with the Copyright Bureau. The procedure and content of the registration shall be in accordance with relevant administrative regulations formulated by the National Copyright Bureau. The copyright contract of pledge shall become effective as of the date of registration. Article 13 Use of Audio/Video Products and Electronic Publications When not authorized by the producer of an audio/video product or electronic publication, an organization or individual person shall not duplicate or publish the audio/video product or electronic publication. An audio/video product or electronic publication shall not be used for commercial broadcasting if the audio/video or electronic publication unit that publishes it does so with a declaration that it is for family use only. Article 14 Registration of Contract to Publish Copyrighted Works from outside Mainland China Where a book or electronic publication unit publishes a book or electronic publication whose copyright is owned by an organization or individual person of the Hong Kong Special Administrative Region, the Macao Special Administrative Region, the Taiwan Region, or a foreign country, the publication unit shall conclude a publication contract with the copyright owner and shall register the contract with the Copyright Bureau. Article 15 Registration of Contract to Duplicate Copyrighted Works from outside Mainland China Where a duplicating unit of audio/video products or electronic publications duplicates an audio/video product or electronic publication with the authorization of the copyright owner, and the copyright owner is an organization or individual person of the Hong Kong Special Administrative Region, the Macao Special Administrative Region, the Taiwan Region, or a foreign country, the duplicating unit shall conclude an authorized duplicating contract with the duplicating trustor and shall, not less than fifteen days before the duplicating, register the contract with the Copyright Bureau. Article 16 Registration Procedure of Contract to Publish, Duplicate and Broadcast Within fifteen days of receipt of a contract submitted for registration under Article 14 or Article 15 above, the Copyright Bureau shall examine and verify the contract for copyright content. If no copyright-infringing content is found, registration shall be granted; if copyright-infringing content is found, registration shall be denied. The keeper of the contract register shall be noticed in writing of the decision. The Copyright Bureau may entrust the registration of contracts to a relevant copyright protection organization. Article 17 Reporting the Organizing of Copyright Trade Activity Abroad Where trade activity is being organized in the copyrighted work of an organization or individual person of the Hong Kong Special Administrative Region, the Macao Special Administrative Region, the Taiwan Region, or a foreign country, the organizer shall report, not less than fifteen days before the date of the copyright trade activity, to the Copyright Bureau. Article 18 Department Responsible for Interpreting Application The Copyright Bureau shall be responsible for the interpretation of these Provisions in their specific application. Article 19 Date of Implementation These Provisions shall become effective on March 1, 2000. |
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