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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369121.shtml

Zhejiang Provincial people's Government decision on the amendments to the copyright regulations of Zhejiang Province

    (April 2, 2012, Zhejiang Province people's Government announced order No. 297, come into force on the date of promulgation) province, Zhejiang Province people's Government decision on the management of copyright as follows:

    Delete article 12th.

    In addition, the text of individual articles as appropriate, provisions in order to make the appropriate adjustments.

    This decision shall come into force as of the date of.

    

    The copyright regulations of Zhejiang Province on the basis of this decision be revised and republished.

    Report: copyright management, Zhejiang Province, 2012 (revised) (November 4, 2008, Zhejiang Province people's Government order No. 256, released April 2, 2012, Zhejiang Province people's Government announced order No. 297, come into force on the date of promulgation of the Zhejiang Provincial people's Government to amend decision amendments to copyright management, Zhejiang Province)

    Chapter I General provisions

    First in order to standardize the copyright (copyright) Administration, strengthening the protection of copyright and rights related to copyright, encourage cultural innovation, promote the development of copyright-related industries, according to the People's Republic of China copyright law and other related laws and regulations, combined with the facts of the province, these measures are formulated.

    Second approach applies to copyright management in the administrative region of this province.

    Copyright management in these measures refers to and the copyright administration related to the management, services, guidance, and protection activities.

    Copyright-related industries in these measures, refers to the press and publishing, radio, film and television, literature, the arts, culture and entertainment, advertising and design, arts and crafts, computer software, information networks, and other industries.

    The third people's Governments above the county level shall strengthen the management of copyright leadership and coordination, establish and improve the relevant system arrangements, implementation of the requirements for the management of copyright.

    Fourth people's Government above the county level and their departments should be encouraged to contribute to the promotion of economic and social development of the province's outstanding works of external communication and cultural exchanges, and establish the appropriate system to protect it.

    Fifth copyright administrative departments of the people's Governments above the county level shall copyright management of work within their respective administrative areas.

    Press, publishing, culture, radio, film and television, administration for industry and commerce, public security, science and technology, education, finance, business, economics and information technology, administration of Justice, customs and Excise Department and other relevant departments and units, shall, in accordance with their respective responsibilities, rights management related work.

    Chapter II administrative services

    Sixth people's Governments above the county level copyright administrative departments should establish and improve the accountability system for copyright management, organize professional training and awareness-raising, norms relating to registration, filing procedures for copyright owners and copyright-related right holders to provide convenient and efficient services.

    Article seventh provincial copyright administrative departments are responsible for registration of works in the province.

    Provincial copyright administrative departments can be registered according to operational requirements, the delegate units accepting an application for registration of works in accordance with law, and strengthen guidance and supervision and management. Voluntary application for registration article eighth work principles.

    Works registration certificate is the identification for proof of copyright ownership.

    Works may apply for registration of the following:

    (A) literary works;

    (B) oral works;

    (C) the music, drama, opera/operatic singing, dance, acrobatics and works of art;

    (D) works of art, architecture;

    (E) photographic works;

    (F) cinematographic works and the works created by a process analogous to cinematography;

    (G) design, product design, maps, sketches and other works of graphic works and models;

    (VIII) other works stipulated by laws and regulations.

    In accordance with the relevant provisions of the State of registration of computer software.

    Nineth works of copyright owners may apply to the provincial copyright administrative management departments registration.

    Application for registration of works, shall submit the following materials:

    (A) the application for registration of the work;

    (B) work registration form;

    (C) originals or copies of the work;

    (D) work instructions;

    (E) the right of guarantee;

    (F) civil identification cards, a legal person or other organization established to prove;

    (VII) other documents shall be submitted in accordance with law.

    Provincial copyright administrative departments shall be completed within 30 working days from the date of acceptance of the application registration verification works, to meet the conditions for registration works registration certificate shall be issued by the works; the property is unknown or is not protected by copyright laws and regulations protect does not meet the conditions for registration of works, registration and inform the applicant in a timely manner.

    Tenth provincial copyright administrative departments should be the registered copyright of person, title, registration and other related information bulletins on a regular basis, and provide access to the public service.

    11th printing or reproduction outside of the copyright owner, in this province, publications, printing, copy, production and business operation entities shall be submitted to the provincial administration of copyrights copyright such as powers of Attorney certificate and related contracts and other materials, according to registration.

    Publications published outside the copyright owner in the province, the provincial publication Administration approval for related matters, publication production and business operation entities should be required to submit to the provincial copyright administrative departments publish contracts and other related materials, according to the relevant regulations of the State Register.

    Section 12th copyright exclusive licensing contract or a transfer contract, a party may to the local people's Governments above the county level copyright administrative departments for contract record.

    13th events are held concerning copyright, organizers should be timely to show copyright administrative departments of the people's Governments above the county level, where the situation, copyright administrative departments shall exercise supervision.

    14th people's Governments above the county level copyright administrative departments and is responsible for the management of the departments concerned should strengthen supervision and administration of copyright related industries professional markets, establish effective management systems and mechanisms, regulate the order of competition, and to strengthen copyright protection, copyright related industries and create a good environment for the healthy and orderly development.

    15th books, newspapers, periodicals, audio and video products and electronic publications, computer software, and so on, without lawful authority, printing, copying, making production and business operation entities shall not print, copy, production.

    Books, newspapers, periodicals, audio and video products and electronic publications, computer software operator, certified copies may not be sold without legitimate sources.

    Radio, television, entertainment, Web sites and other business units, not play illegal audio and video products and illegal use of electronic publication.

    16th direct use or by technical equipment, use of another's work for commercial activities, the operator shall obtain the permission of the copyright owner or copyright collective management organization.

    17th copyright administration of the people's Governments above the county level shall no legacy works no one inherits according to the law of tenure, won the right to remuneration shall, before exercising the right to publish announcements, notices 60 days; remuneration should be paid to the State Treasury in a timely manner.

    18th copyright administration of the people's Governments above the county level shall be in accordance with the party's application, copyright mediation disputes.

    Copyright administrative departments may, the people's Governments above the county level party or interested person or the competent authority to apply for and issue views on cases concerning copyright issues.

    19th the people's Governments above the county level shall copyright administrative departments shall establish and rights related to copyright protection and management systems to guide the right to raise their awareness of self protection, implementation of protection measures, strengthening of publishers, performers, producers of sound recordings and video recordings, network service providers, radio stations, television stations and the protection of rights related to copyright.

    Chapter III inspection of law enforcement

    20th people's Governments above the county level copyright administrative departments should strengthen the administrative areas within the copyright laws, regulations, supervision of the implementation of regulations to safeguard the legitimate rights of copyright and neighbouring rights.

    People's Governments above the county level copyright administrative departments should improve the complaints receiving and inspection system, with clear division of duties and procedures, improve the responsibility system for administrative law enforcement, strengthen daily supervision, improve work efficiency, prosecuted violations in a timely manner.

    21st people's Governments above the county level administration of copyrights law involved in copyright infringement damages the public interest related sites, objects to check.

    Copyright administrative departments of the people's Governments above the county level about evidence of alleged copyright infringement, you can take the following measures within the law to be collected:

    (A) read and copy the relevant contract, invoice, account books, documents, records, business correspondence and other written materials;

    (B) relevant sampling of evidence such as copies of works, or first register;

    (C) tools, equipment, materials and other items relating to the Advanced registration and preservation;

    (D) other forensic measures taken in accordance with law.

    Copyright administrative departments shall be checked and the people's Governments above the county level to obtain evidence to be examined and evidence-taking unit and individual shall cooperate, and may not refuse or obstruct.

    22nd article of the peace, culture, radio, film and television, economic and information technology, customs and other departments and units should be strengthened and the Copyright Administration Department with the build system punishable offences of copyright.

    Relevant units shall cooperate with the competent administration of copyrights investigation of copyright infringement.

    The fourth chapter legal liability

    Article 23rd copyright infringement, tortfeasor shall bear to stop infringement, impact, an apology, compensation for loss of civil liability.
Infringement behavior while damage public interests of, by copyright administration sector according to People's Republic of China copyright method, and People's Republic of China copyright method implementation Ordinance, and computer software protection Ordinance, and information network spread right protection Ordinance, legal, and regulations of related provides, depending on its case, be ordered stop infringement behavior, and confiscated illegal proceeds, and confiscated and destroyed infringement copies, and confiscated involved tool (equipment, and material) and the fine, corresponding punishment; constitute crime of, law held criminal.

    24th article violates these rules, at the time of application for registration of works of deception, cheating works registered, de-registered by the provincial copyright administrative departments and persons applying for registration between 2000 and 1000 Yuan Yuan fine.

    25th copies of publishers, producers can't prove legally authorized its publication, production, copy of Publisher or film or in works created by a process analogous to cinematography, computer software, sound recording or video recording of the copies of the lessor does not justify his release, rental copies of legitimate sources, shall bear legal responsibility.

    26th to stop the infringing act, in the case of evidence may be destroyed or lost or difficult to obtain later, copyright or copyright-related rights who can be prosecuted before a people's Court shall apply to the preservation of evidence.

    27th the Copyright Administration Department functionaries, malpractice, neglect their duties, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter by-laws 28th article of the measures enter into force on January 1, 2009.