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Zhejiang Provincial People's Government Decision On The Amendments To The Copyright Regulations Of Zhejiang Province

Original Language Title: 浙江省人民政府关于修改《浙江省著作权管理办法》的决定

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Decision of the People's Government of the Province to amend the Zangan Province's Rice Management Approach

(Act dated 2 April 2012 from the date of publication No. 297 of the People's Government Order No. 297 of the Zangi Province)

The Government of the Provincial People decided to amend the Zanganang Province Right Management Approach as follows:

Delete Article 12.

In addition, the language of individual provisions is appropriately revised and the order of the provisions is adjusted accordingly.

This decision is implemented since the date of publication.

The Zangang Province Rice Management Approach is re-published in accordance with this decision.

Annex: Zang Province Rice Management (Amendment of 2012) (Amendment to Decision No. 256 of 4 November 2008 of the People's Government Order No. 297 of 2 April 2012 on the publication of the People's Government Order No. 297 of 2 April 2012 on the date of publication of the People's Government of the Zang River Province on the revision of the Rice Management Scheme in the Province of Zangko River)

Chapter I General

Article 1, in order to regulate the administration of the right to work (right copyrights), to strengthen the protection of the right to work and rights relating to the right to work, to encourage cultural innovation, to promote the development of copyright-related industrial development, and to develop this approach in line with the People's Republic of China Publications Act and other relevant laws, regulations and regulations.

Article 2, this approach applies to the management of the right to work within the territorial administration.

The title management described in this approach refers to management, services, guidance and protection activities related to the administration of the author.

The copyright-related industries referred to in this approach refer to the publications, radio videos, literary arts, cultural recreation, advertising design, crafts, computer software, information networks.

Article 3 Governments of more people at the district level should strengthen the leadership and coordination of the management of the right to work, establish a sound system, arrange and implement the requirements for the management of the right to work.

Article IV Governments and their relevant sectors should encourage the external dissemination and cultural exchange of good works for the promotion of economic and social development in the province, as well as the establishment of a corresponding system to guarantee them.

Article 5

Relevant departments and units, such as the publication, culture, radio movie television, business administration, public safety, science and technology, education, finance, commerce, economic and informationization, the administration of justice, customs, should be managed in accordance with their respective responsibilities.

Chapter II Management services

Article 6. The executive branch of the Government's author rights at the district level should establish and refine the responsibility for the management of the right to work, organize operational training and awareness education, regulate registration, filing procedures and provide easy and efficient services to authors and rights associated with the right to work.

Article 7. The provincial author's executive branch is responsible for the registration of all provincial works.

The provincial author's executive branch may, in accordance with the requirements for the registration of works, entrust the relevant units with the application for registration and strengthen its guidance and oversight management.

Article 8. The registration of the works is one of the evidence used to determine the title.

The following works may apply for registration:

(i) Texts;

(ii) The oral works;

(iii) music, drama, horticulture, dance and craft works;

(iv) American and construction works;

(v) Photo works;

(vi) The production of film works and the production of methods that are based on a similar film;

(vii) Engineering design maps, product design maps, maps, demonstration works and models;

(viii) Other works provided for by law, regulations.

Registration of computer software works is carried out in accordance with the relevant national provisions.

Article 9 Authors may apply to the provincial author's executive branch for registration.

The following material shall be submitted to the extent that the work is registered:

(i) Applications for registration of works;

(ii) The registration form of work;

(iii) Original or reproduction of works;

(iv) A description of the work;

(v) Rights guarantees;

(vi) The establishment of citizenship certificates, legal persons or other organizations;

(vii) Other material to be submitted by law.

The provincial author's executive branch should complete the registration verification of the work within 30 working days of the date of receipt of the application, registering the work in compliance with the registration conditions, and non-registration of work that is not in conformity with the registration conditions, such as the non-registration of the right or the protection of legislation, regulations and regulations, and communicate the applicant in a timely manner.

Article 10. The provincial author's executive branch shall make regular public announcements of relevant information, such as the author of the registered works, the name of the works, the time of registration, and provide access to the public.

Article 11, such as printing or replication of publications of overseas authors in this province, shall register in accordance with the law the material such as the copyright certificate and related contracts submitted to the provincial author's executive branch.

In the publication of publications from overseas authors in this province, the provincial executive branch should be required to publish relevant materials such as publication contracts to the provincial author's executive branch, subject to relevant national provisions.

Article 12 establishes a licence contract or a transfer contract with the author's exclusive licence authority, which may proceed with the contract file with the author's executive branch at the district level above.

Article 13 organizes exhibitions dealing with the right to work, and the organizer shall communicate the relevant information to the author's executive branch of the author's rights at the district level of the exhibition, which shall be governed by law.

Article 14.

Article 15 books, newspapers, journals, audio-visual products, electronic publications, computer software, etc., are not legally authorized and the production units such as printing, reproduction, production and production are not printed, replicated and produced.

Operators such as books, newspapers, journals, audio-visual products, electronic publications, computer software may not be sold for reproduction that is not legally certified by the source.

The operating units such as radio stations, television stations, recreational sites, sites, etc. may not be carried out in violation of audio-visual products and the use of electronic publications in violation of the law.

Article 16 directly uses or uses works of others for commercial activities through technical equipment, and the operator shall obtain licences from the authors or the collective management organization of the right to work.

Article 17

The author's executive branch at more than 18 years of the government can mediate the author's dispute on the basis of the parties' application.

The Government's author executive branch at the district level may make observations on issues relating to the right to work in the case, in accordance with requests from the parties, the stakeholder or the stakeholder or the relevant body.

The executive branch of the government of book rights at the district level should establish protection and management systems relating to the rights of authors, guide the rights of the author to raise awareness of their protection, implement protection measures, strengthen the protection of the rights of authors, performers, video producers, web service providers, radio stations, television stations, etc. in accordance with the law.

Chapter III Enforcement inspection

Article 20

The executive branch of the Government's book rights at the district level should strengthen the system of work, such as the submission of complaints and the investigation, clear division of duties and procedures, improved administrative law enforcement responsibilities, enhanced day-to-day regulation, increased efficiency of work and the timely disposal of violations by law.

Article 21

The relevant evidence of alleged violations committed by the author's executive branch at the district level may be collected in accordance with the law by:

(i) Access, reproduction of relevant contracts, invoices, books, records, operational letters and other written materials;

(ii) A sample of works, reproduction or pre-registration of the relevant works;

(iii) Pre-registration of items relating to tools, equipment, materials, etc.;

(iv) Other measures that may be taken by law.

When the author's executive branch is inspected by law and obtained by law, the units and individuals subject to the evidence should be synchronized and not denied or obstructed.

Sections and units, such as public security, culture, radio movie television, economic and informationization, customs, etc., should strengthen cooperation with the executive branch of the right to work, establish a system of collaboration and punish offences committed by law.

The relevant units should actively cooperate with the author's executive branch to investigate violations.

Chapter IV Legal responsibility

Article 23 violates the right to work and infringers should assume their civil responsibility, in accordance with the law, to end violations, to eliminate their impact, to pay apology and to compensate for damages.

Violations also undermine public interest by the author's executive branch, in accordance with the Act on the Right to Publications of the People's Republic of China, the Act on the Implementation of the Act on the Right to Publications of the People's Republic of China, the Law on the Protection of Computer software, the Regulations on the Protection of the Rights of Information Networks, the relevant provisions of the legislation and regulations, in their circumstances, which criminalize violations, confiscation of proceeds of violations, confiscation and destruction of the reproduction of the abuse, confiscation of the tools involved in the case of the offence.

Article 24, in violation of this approach, sets out a false application for the registration of works, decepting the registration of the works, which is revoked by the provincial author's executive branch and fines for the applicant's application of more than 1,000 dollars.

Article 25 publishers, producers cannot prove their publication, produce legitimate authorizations, publishers of reproduction or film works or licensed by analogous movies, computer software, and copyers of audio-visual products cannot prove that their issuances, the reproduction of the leases have legal origins, and legal responsibility should be assumed.

Article 26, in order to put an end to violations, in cases where the evidence may be disappeared or subsequently difficult to obtain, the author or the author concerned may apply to the People's Court before the prosecution for the preservation of the evidence.

Article 27 abuses by the staff of the author's executive branch, in favour of private fraud, insecure and insecure are punishable by law; constitutes an offence punishable by law.

Chapter V

The twenty-eighth approach was implemented effective 1 January 2009.