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Hubei Province, Copyright Management Method

Original Language Title: 湖北省著作权管理办法

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Publications management approach in Northern Lakes

(Summit meeting of the Government of the Northern Province of Lake Town on 25 April 2011 to consider the adoption of the Decree No. 341 of 5 May 2011 of the Royal Government of the Great Lakes Province, which came into force on 1 July 2011)

Chapter I General

Article 1 promotes the creation and dissemination of good works and punishes violations of the right to work, in accordance with the Act on the Right to Publications of the People's Republic of China, the Regulations on the Right to Publications of the People's Republic of China and other relevant laws, regulations and regulations.

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

This approach refers to services, protection, monitoring and management related to the right to work.

The right to work of the network is governed by the relevant national provisions.

Article 3

Publication, culture, education, science and technology, economic and informationization, radio movie television, finance, public safety, business and customs are governed by their respective duties.

Article 4 Governments of more people at the district level should strengthen their leadership in the management of the right to work and guarantee the implementation of laws, regulations and regulations relating to the right to work.

Article 5

The author's executive branch should establish and improve the responsibility for the management of the right to work, conduct operational training and promote education, regulate registration, documentation procedures and provide easy and efficient services for the author and the rights associated with the author.

Article 6 Civil, legal or other organizations are legally protected. To encourage the prosecution and seizure of violations of the right to work. The authorities should protect their legitimate rights and grant recognition or rewards to those who testify and disclose violations of the right to work.

Article 7. The author's executive branch should encourage, facilitate the construction of a collective management organization of the right to work in accordance with the law.

The application for the establishment of a collective management organization of work shall be governed by law.

Article 8. Agencies engaged in the activism and brokering services shall be governed by the law and subject to the supervision of the author's executive branch.

Chapter II Registration of the right to work

Article 9. The provincial author's executive branch is responsible for the registration of the works of the author or other authors within the territorial administration.

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 10. Registration of works is governed by the principle of voluntary application. The author or other authors are not affected by the author's right to work under the law irrespective of registration.

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

Article 11. The author's voluntary application for the registration of the work shall be submitted to the provincial author's executive branch or to units entrusted by the law.

The following materials should be submitted for registration of works:

(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) A certificate indicating that the right to work belongs;

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

(vii) Other material to be submitted by law.

The registry of work shall complete the registration verification of the works within 15 working days of the date of receipt of the application and shall register the work in accordance with the conditions of registration; shall not be registered for work that is incompatible with the registration conditions and shall notify the applicant in a timely manner. The registration of the works is one of the evidence used to determine the title.

Article 12

(i) Work not protected by the right to work;

(ii) Work beyond the period of protection of the right to work;

(iii) The publication, dissemination of works by law.

In one of the following cases, the registration body shall withdraw the registration:

(i) After registration, the circumstances set out in article 12 of this approach are found;

(ii) The right to work found to be incompatible with the facts after registration;

(iii) The applicant shall apply for the withdrawal of the original works;

(iv) After registration, it was found to be repeated.

Article 14. The provincial author's executive branch shall make regular public announcements of the 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 15 books and electronic publications publishing units publish books and electronic publications from foreign or Hong Kong, Macao, Taiwan region of the author's books and publications should enter into a written publication contract with the author and issue the registration of the contract in accordance with the provisions.

The replication of audio-visual products and electronic publications was commissioned, replicating foreign or Hong Kong, Macao, Taiwan-based authors or their mandated organizations, audio-visual products and electronic publications, and should be awarded with the author and subject to the provision of contract registration to the provincial author's executive branch.

Article 16 gives the author the right to property in the author's right of work, and the owner shall enter into a written contract and register in accordance with the law. The author's quality contract entered into force since the Procedural Registration Certificate.

Chapter III Use of work

Article 17 books, newspapers, periodicals, audio-visual products, electronic publications, computer software, etc., are not legally authorized and producers such as printing, reproduction, production, etc. shall not be printed, replicated, produced 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.

Radio stations, television stations, recreational sites and website operators are not allowed to broadcast audio-visual products in violation of the law and to use electronic publications, computer software.

Article 18 Use of works by other persons shall be licensed by the authors or by the collective management organization. However, the law provides for the exception.

Article 19 uses the works of others and, in addition to otherwise provided by the law, the authors should pay compensation. Both parties have agreed on payment criteria, which are carried out in accordance with agreement; there is no agreement to implement according to the criteria established by the State.

The user of the works shall pay compensation to the author within two months from the date of the use of the work. However, the parties have agreed otherwise.

When the user of the works pays to the author, the name of the author (name), the address is unknown, the collective management organization of the author's remuneration, together with postage and the use of the work, shall be transferred to the author in a timely manner by the organization.

Article 20 stipulates that the right to work in this province enjoyed by the State shall be exercised by the provincial author's executive branch. The use of the works during the period of the right to work is subject to approval by the provincial author's executive branch and payment of compensation as prescribed. The provincial author's executive branch should receive the payment of the same-level finance in a timely manner.

Article 21, after the author's dispute, the parties may consult to resolve or apply to the author's administration for conciliation; the terms of arbitration in the author's contract or the subsequent conclusion of an arbitration agreement, the parties may apply to arbitration bodies; the author's contract does not have an arbitration clause or a subsequent arbitration agreement may su directly to the People's Court.

Chapter IV

Section II of the provincial author's executive branch is responsible for the conduct of a violation of the right to work in the province as a whole, and for the alleged violation of the right to work by the author.

The executive branch of the right to work at the municipal and district levels is responsible for the commission of violations of the right to work within the present administration.

Article 23, two or more authorial administrations have jurisdiction over the same violation of the right to work, and the author's administration in the first instance is responsible for the investigation. In the event of disputes or jurisdictional uncertainty, the parties in question were consulted; the consultations were incomplete, they were invited to designate their common top-level authors' executive branch; their common top-level author administration could also be directly designated.

The top-level authorial executive branch of article 24 considers that, where necessary, it may deal with cases of a significant impact on the jurisdiction of the sub-prime author administration or refer cases under its jurisdiction to the executive branch of the author's rights; the subordinate author's executive branch considers the merits and complexity of the cases under its jurisdiction and the need to be dealt with by the executive branch of the High-level Publications, which can be reported to be processed by the top-level author's executive branch.

Article 25. The author's executive branch should have a sound complaints, a reporting system, a clear division of responsibilities and procedures, improved administrative law enforcement responsibilities and timely identification of offences committed by the author.

Article 26 Law enforcement officials in the author's executive branch may conduct monitoring inspections in accordance with the law on books, newspapers, audio-visual products, electronic publications, computer software, etc. More than two law enforcement officials should be present at the time of inspection of the above-mentioned units and places and present law enforcement documents. Units and individuals subject to inspection should be proactive.

Article 27 law enforcement officials should fully listen to the parties' presentations, the defence, review the facts, rationales and evidence presented by the parties and submit a review report.

Article 28: The relevant evidence of alleged violations committed by the author's administration may be collected by the following measures:

(i) Access, reproduction of contracts, invoices, books, documents, records, operational letters and other written materials relating to alleged violations;

(ii) A sample of work suspected to be infringed, a reproduction or a pre-registration preservation;

(iii) Pre-registration of relevant material, tools, equipment and other items suspected of violations;

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

The author's executive branch shall cooperate with the relevant units and individuals without denying, obstructing the evidence obtained by law.

Chapter V Legal responsibility

Article 29 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 undermine the 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 Right to Information Network, the provisions of legislation, regulations and regulations, which provide the perpetrators with a duty to put an end to violations, forfeiture and destroy the proceeds of violations, forfeiture and forfeiture of the reproduction, forfeiture of the offences, and for criminal responsibility.

Article 31, in violation of article 11 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 1000.

Article 31, in violation of article 15 of this approach, the publication or reproduction unit is not registered under the provision of a contract, and the provincial author's executive branch should be warned that it may be fined up to $5,000.

The author's executive branch should organize hearings in accordance with the law prior to the administrative penalties decision.

The parties' decisions on administrative penalties may apply to administrative review or to the People's Court. Administrative review, administrative proceedings are not discontinued. The author's executive branch can apply for the enforcement of the People's Court by failing to apply for administrative review, prosecution and failure to comply with administrative sanctions decisions.

The author's executive branch should be transferred to the judiciary by law in cases where the author's rights are violated.

Article 34 governs staff members of the author's executive branch toys negligence, abuse of authority, provocative fraud, by virtue of their own units or superior authorities, and criminal responsibility is lawfully prosecuted by law.

Article XV rejects, hinders law enforcement officials from the author's executive branch to carry out their functions under the law and is dealt with by the public security authorities; constitutes an offence punishable by law.

Annex VI

Article 36 of this approach is implemented effective 1 July 2011. Adopted on 8 January 1996 at the Standing House of Government of the province, the provisional approach to the administration of books in the northern provinces of Lake, which came into force on 1 July 1996, was repealed.