Shanghai Film Distribution And Exhibition Management

Original Language Title: 上海市电影发行放映管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399293.shtml

Shanghai film distribution and exhibition management  (August 7, 1997 Shanghai City Government makes 47th, announced according to July 1, 2004 up purposes of Shanghai City Government on modified straddling Shanghai City chemical dangerous items production security supervision management approach, 32 pieces municipal government regulations and normative file of decided amendment according to December 20, 2010 Shanghai City Government makes 52nd, announced of Shanghai City Government on modified straddling Shanghai City farm machinery accident processing provisional provides, 148 pieces municipal government regulations of decided amendment

    On May 7, 2014, released by the Shanghai Municipal People's Government so that 16th of the Shanghai Municipal People's Government to amend the seaport on line 8 the measures for the administration of the Municipal Government published amendments and the regulatory decisions) Chapter I General provisions

Article I (purpose and basis)

    , Film distribution, film screenings, in order to strengthen the management, promote the development and prosperity of film, enriching people's cultural life, in accordance with the regulations on administration of films, considering the actual situation in the city, these measures are formulated.

Article II (scope of application)

    These measures shall apply to the administrative area of the city within the film's release, the show and its supervision and management.

Article III (Manager and the Coordinator's Department)

Shanghai municipal administration of culture, radio, film and television (hereinafter referred to as municipal Bureau of broadcasting, film and television) is the movie release and showing of the authorities.

District and county administrative departments of culture responsible for the area of film management, businesses under the guidance of the Bureau of broadcasting, film and television.

    All levels of public security, industry and commerce, health, prices, finance, taxation and other departments shall, in accordance with their respective responsibilities, good management of release and showing of the film.

Fourth (principle of distribution, screenings)

    Engaged in film distribution, screenings, must abide by the law and adhere to the orientation of serving the people and socialism, and dissemination conducive to economic development and social progress of the ideological, moral, scientific, technical and cultural knowledge, maintains the film's legitimate rights and interests of the copyright owner.

Fifth (Licensing)

    The screenings on the commercial film distribution, through a permit system.

Sixth (macro)

    The city on film distribution, the establishment of units to implement macro-control.

    Chapter II application and approval

Seventh (definition of distribution unit)

    Film distribution units refer to video films showing units available for the film unit.

Eighth (issuing conditions)

Setting up a film distribution unit, subject to the following conditions:

(A) conditions of compliance activities and related facilities;

(B) familiar with the film distribution business manager;

(C) it was necessary to film distribution management system;

(D) a specified amount of funds;

    (E) national film administration under other conditions.

Nineth (definition and classification of units)

Film unit, refers to have film equipment, in the movie (including 35 mm and 70 mm film sizes such as movies, movie screen, thrill rides and other forms of film) screening units, including commercial film unit and the non-commercial film unit.

Business unit refers to the exhibition of films for the purpose of profit, selling tickets to the public units engaged in the film, including cinemas, a film projectionist franchise films such as show business and theater, Palace of culture (Museum), an auditorium, a club run movie business unit.

    Non-commercial film unit refers to State organs, armed forces, public organizations, enterprises, and institutions established, not for profit-making purposes, for the employees in this unit or the system of providing film services unit.

Tenth (units of condition)

Establishment of commercial film unit, subject to the following conditions:

(A) names, which include movie articles;

(B) determining the scope of business;

(C) adapt to the business needs of organizations and professionals;

(D) meet the needs of business funding, space and equipment;

    (V) other conditions stipulated by laws and administrative regulations.

11th (application)

Apply for setting up a film distribution unit, shall submit the following materials:

(A) the application;

(B) the legal representatives and managers of resumes and relevant certificates;

(C) credit funds;

(D) the activities of real estate ownership certificate or a lease agreement.

    Apply for the establishment of a commercial film unit, in addition to material submitted to the provisions of the preceding paragraph, shall also submit a fixed place show floor plan, showing the names and types of the equipment and other materials.

12th (release and showing of establish approval) Setting up a film distribution unit, an application shall be submitted to the municipal Bureau of broadcasting, film and television. , Broadcasting, film and television Bureau shall from the date of receipt of all application materials give the applicant a written reply within 45 working days. Approval by the municipal Bureau of broadcasting, film and television film distribution license will be issued.

Establishment of provinces, autonomous regions, and municipalities directly under the film distribution units, in accordance with the relevant provisions of application and approval procedures. Establishment of commercial film unit, an application shall be submitted to the municipal Bureau of broadcasting, film and television. , Broadcasting, film and television Bureau shall from the date of receipt of all application materials give the applicant a written reply within 45 working days.

Upon approval, issued by the municipal Bureau of broadcasting, film and television of the movie license. Made the film distribution business license and the business units in the film should be in accordance with the relevant provisions of the State administration for industry and commerce registration to obtain business licenses.

    Obtained the operating license of film, should also be in front of the license to the health Administrative Department for a health permit.

13th (filing system)

    By the State film administrative departments approved the establishment of provinces, autonomous regions and municipalities of film distribution units engaged in film distribution business in this city, shall provide the city, broadcasting, film and television Bureau.

14th (alteration and termination)

    Film distribution, showing unit merger, Division, dissolution or change of name, address, business scope, legal representatives, shall, in accordance with established procedures, change or cancellation of formalities to the relevant administrative departments.

15th (license) Film release and showing the license is valid for three years.

    Commercial film distribution, showing unit needs to extend the license, shall, on the expiry of applications before 30th to the municipal Bureau of broadcasting, film and television, broadcasting, film and television Bureau shall, in accordance with the application, make a decision on whether to approve the extension before the expiry date of the permit.

    Chapter III operational activities management

16th (business)

    Film distribution, showing unit shall, in accordance with the film release, showing the license approved release and showing the range of business activities.

17th (distribution)

Film Studio in accordance with relevant regulations of the State issued the unit across the country filming movies.

    The film producer, the issuance of units shall not without the business operating in film film issue film.

18th (release and showing of film required)

Film production, distribution and screening units of distribution and showing of films, must have state license issued by the administrative departments of the films released the film, and in accordance with the national technology standards.

    Films made by the administration of the State stopped showing video films or cut decision, release and showing films must be complied with.

19th (prohibition of release and showing of the movie)

Prohibition of release and showing movies with the following content:

(A) harm national unity, sovereignty and territorial integrity;

(B) harm national security, reputation and interests;

(C) incitement of ethnic separatism, undermine national unity;

(D) the disclosure of State secrets;

(E) spread pornography, superstition or violence;

(Vi) defame, insult others;

    (VII) national rules prohibiting the release and showing of other content.

20th (copyright protection) The Film Studio on the filming of the movie, shall enjoy copyright according to law.

Any unit release and showing films, shall obtain permission from the copyright owner, except as otherwise provided in laws and administrative regulations.

    Film distribution, units obtained release and showing of the film, with the permission of release and showing contracts with related parties.

21st (prohibition of unfair competition)

    Film distribution units shall not restrict the film unit film sources shall not limit other legitimate business activities of film distribution units.

22nd (television screening of the movie's requirements)

    Film television show, shall comply with the relevant provisions of the State and this municipality.

23rd (of domestic movies filming)

    Commercial film unit annual total screening time of domestic movies should be consistent with the relevant provisions of the State.

24th (original foreign language film show)

    Video films showing foreign-language original commercial film unit, should be available at all URBTIX outlets prominently and on advertisements, movie tickets to so indicate.

25th (show venue, date, time and begin time)

Commercial film units should be available at all URBTIX outlets of the striking position and indicated on the ticket places, times, and begin showing films of the time, and according to the indicate the places of show, date, time and begin showing movies.

    Commercial film screening of the film's screening, intervals and insert reflecting the requirements for advertising time, shall be determined separately by the municipal Bureau of broadcasting, film and television.

26th (film producer)

    Commercial film unit's film, produced by the city, broadcasting, film and television Bureau.

27th (fare limited with annotations)

Limit on ticket, by the Municipal Department of broadcasting, film and television Bureau in conjunction with city prices according to a commercial film unit level or show sites and supporting facilities, equipment conditions to be determined, commercial film unit must be complied with.

    Commercial film units should be available at all URBTIX outlets of the striking position and indicated on the ticket, ticket prices.

28th (business report)

    Commercial film unit shall record on a monthly screening of the film's name, the date, time, attendance, ticket income such as business reports, submitted to the city, broadcasting, film and television Bureau or district and county administrative departments of culture.

29th (maintenance of public order and sanitation)

    Film unit shall maintain public showing places order and sanitation to ensure spectator safety and health.
30th (movie Exchange activity organized)

Holding Chinese and foreign film festival, International Film Festival movie Exchange activity, the sponsor shall, in accordance with the relevant provisions of the approval procedures.

31st (check)

, Broadcasting, film and television Bureau and the district and county administrative departments of law enforcement personnel film screenings, and check inspection shall produce administration documents.

    The work of law enforcement personnel, relevant entities and persons shall cooperate, reflect the situation, provide relevant information, and may not refuse or obstruct.

    The fourth chapter legal liability

32nd (administrative penalties)

For violations of these rules, the municipal Bureau of broadcasting, film and television, or district and county administrative departments of culture in accordance with the provisions of the following penalties:

(A) engaged in film distribution, show business activities without approval shall be ordered to stop illegal activities, illegal goods and illegal income confiscated, and illegal income more than 5 times 10 times less fine.

(B) release and showing video films without the license of film released, ordered to stop the illegal activities, illegal goods and illegal income confiscated, and 10 times more than 15 times the illegal proceeds to the following penalty in serious cases, closed for rectification or revoke the film release and showing license.

(C) does the national film Administration stopped showing video films or cut decision, ordered to stop the illegal activities, illegal goods and illegal income confiscated, and illegal income more than 5 times 10 times the following penalty in serious cases, closed for rectification or revoke the film release and showing license.

Otherwise provided for by laws and regulations, in accordance with the relevant provisions.

    Commercial film unit to sell movie tickets in violation of price regulation, by the commodity price departments administrative penalties in accordance with the relevant provisions of price management.

33rd (reconsideration and litigation)

Parties, broadcasting, film and television Bureau or district and county administrative departments of culture specific administrative acts, in accordance with the People's Republic of China administration reconsideration law and the People's Republic of China administrative litigation law of the provisions may apply for administrative reconsideration or bring an administrative suit.

    Parties within the statutory time limit does not apply for reconsideration does not sue, or carry out a specific administrative act, broadcasting, film and television Bureau or district and county administrative departments of culture in accordance with the People's Republic of China administrative litigation law of provisions, apply to a people's Court for compulsory execution.

34th (accountability for law enforcement violations) Administrative law enforcement personnel shall observe and enforce laws impartially.

    On the dereliction of duty, abuse of power, favoritism, bribes, perverting the performer, by their work units or by the competent authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter by-laws

35th (force, education and other issues of management)

    Force, and education systems of film distribution units engaged in non-commercial film distribution activities of management, in accordance with the relevant provisions of the State and this municipality.

Article 36th (explain Department)

    The specific application of these measures by the municipal Bureau of broadcasting, film and television is responsible for the interpretation.

37th (commencement and repeal) These measures shall take effect on December 1, 1997. On April 27, 1992, issued by the people's Government of Shanghai film distribution and exhibition regulations repealed simultaneously.