People's Republic of China promulgated by Decree No. 566

The radio television broadcast sound recordings paid interim measures adopted by the State Council on May 6, 2009 at the 62nd Executive meeting, are hereby promulgated and come into force since January 1, 2010.

Prime Minister Wen Jiabao

The November 10, 2009

First broadcast rights according to the law in order to protect the copyright owner to facilitate radio and television stations broadcast sound recordings, according to the People's Republic of China copyright law (hereinafter referred to as the copyright law) 43rd of the rules, these measures are formulated.

A second radio station or television station can play has made payments to copyright owners of musical works, amounts and other matters related to copyright collective management organization and management of related rights conventions.

Radio and television stations broadcast published sound recordings, had licensing contracts with copyright owners, in accordance with the contract and standard pay.

Radio and television stations in accordance with the provisions of copyright law article 43rd, without the copyright owner's permission to broadcast published sound recordings (the broadcast sound recordings), pay the remuneration to the copyright owner in accordance with this approach.

Article play in these measures refers to radio and television stations to wireless or wired, replay, and first broadcast on the way.

Article fourth radio and television stations broadcast sound recordings, copyright collective management organization and management of related rights agreed to pay an annual fixed amount of remuneration to the copyright owner; no agreement or the agreement on fixed amounts are unsuccessful, the radio and television stations associated with management rights of copyright collective management organizations can be based on one of the following ways, and pay remuneration to the copyright consultation:

(A) to this station or television station channel (frequency) ad revenue after deducting the cost of 15% cost balance of the year, multiplied by the way remuneration provided for in article fifth or sixth, calculate the amount of pay;

(B) the total amount of time the broadcast sound recordings of the year, multiplied by the provisions of article seventh remuneration per unit of time, calculate the amount of pay.

This article fourth fifth (a) provides way to determine the amount of payment to the copyright owner compensation, within 5 years from the date of implementation of this approach, according to the amount paid the following remuneration for consultations: (A) broadcast sound recordings of the time of this computer or the channel (frequency) percentage of total broadcast time (hereinafter proportion of airtime) of less than 1%, remuneration was 0.

1%; (B) the run time ratio for more than 1% less than 3%, remuneration was 0.

2%; (C) the run time ratio for more than 3% less than 6%, the appropriate remuneration was 0. 9% to 0. 15%, playing time for each 1%, remuneration increased 0.

3%; (D) the playback time is 6% 10% of the above, the appropriate remuneration was 0. 24% to 0. 4%, playing time for each 1%, remuneration increased 0.

4%; (E) insufficient playing time over 10% 30%, remuneration was 0.

5%; (F) the run time ratio for more than 30% less than 50%, remuneration was 0.

6%; (G) the run time ratio for more than 50% less than 80%, remuneration was 0.

7%; (H) the playback time ratio is above 80%, remuneration was 0.

8%.

Sixth to fourth paragraph these measures (a) the provisions determining the amount of payments to copyright owners, since the purposes of expiry of 5 years from the date of the present measures, in accordance with the amount paid the following remuneration for consultations: (A) the run time less than 1%, remuneration was 0.

2%; (B) the run time ratio for more than 1% less than 3%, remuneration was 0.

3%; (C) the run time ratio for more than 3% less than 6%, the appropriate remuneration was 0. 12% to 0. 2%, playing time for each additional l%, remuneration increased 0.

4%; (D) the playback time is 6% 10% of the above, the appropriate remuneration was 0. 3% to 0. 5%, playing time for each 1%, remuneration increased 0.

5%; (E) insufficient playing time over 10% 30%, remuneration was 0.

6%; (F) the run time ratio for more than 30% less than 50%, remuneration was 0.

7%; (G) the run time ratio for more than 50% less than 80%, remuneration was 0.

8%; (H) the playback time ratio is above 80%, remuneration was 0.

9%.

This article fourth seventh paragraph (b) in the manner provided in determining the amount of payments to copyright owners, in accordance with the amount paid the following remuneration for consultations: (A) the radio's remuneration per unit of time per minute 0.

It's $ 30; (B) the standard of pay television unit of time from the date of implementation of this approach to 1 per minute within 5 years.

50 Yuan, since the implementation of this approach the expiration of 5 years from the date of 2 Yuan per minute.

Eighth article radio, and television play recording products, failed to in accordance with this approach fourth article of provides and management related right of copyright collective management organization agreed paid paid of fixed amounts, also failed to consultations determine should paid paid of, should in accordance with this approach fourth article subsection (a) items provides of way and fifth article, and sixth article provides of standard, determine to management related right of copyright collective management organization paid paid of amounts.

Nineth radio and television stations broadcast other radio and television stations broadcast sound recordings of its broadcast sound recordings calculation of time according to the actual run time of 10%.

Article tenth central area radio and television stations in accordance with these measures shall pay the amount of remuneration to the copyright owner, within 5 years from the date of implementation of this approach, in accordance with the amount calculated pursuant to this regulation 50%.

West area of radio, and television and national specifically on children, and minority and rural area, broadcast of professional channel (frequency), in accordance with this approach provides way to copyright people paid paid of amounts, since this approach purposes of day up 5 years within, according to according to this approach provides calculation out of amounts of 10% calculation; since this approach purposes expires 5 years of day up, according to according to this approach provides calculation out of amounts of 50% calculation.

11th people's Governments above the county level the Treasury established the people's Governments at the corresponding level of radio and television stations broadcast sound recordings to the copyright owner pay expenses as a factor approved the income and expenditure, according to the local financial considered, make overall arrangements.

12th radio and television stations to pay the copyright owner, on an annual billing period.

Radio and television stations should be in the first quarter of the year will be its last year referred to the collective management organizations of copyright transfer shall pay the remuneration paid to the copyright owners.

Radio and television stations by the copyright collective management organizations to pay the copyright owner, should provide the play a work name, owner name or name and playback time and so on, both sides have agreed otherwise.

13th radio and television stations broadcast sound recordings, not to the management of related rights other than copyright collective management organization members pay the copyright owner shall be in accordance with the provisions of the present article 12th will be the remuneration paid to the management of rights related to copyright collective management organization management rights related to copyright collective management organizations should go to pay the copyright owner.

14th copyright collective management organization to turn to pay the copyright owner, except as provided in this way has been governed by the relevant provisions of the collective management of copyright regulations.

15th radio and television stations in accordance with this Regulation shall pay the remuneration to the copyright owner to the collective management organizations of copyright, collective management of copyright disputes between the Organization and the copyright owner is not liable.

16th radio stations, television stations and the copyright owner or copyright collective management organization in accordance with the pay dispute as provided herein, it may bring a civil action, or pursuant to written arbitration agreement reached between the parties to the arbitration organization for arbitration. 17th these measures come into force on January 1, 2010.