Hubei Province, Copyright Management Method

Original Language Title: 湖北省著作权管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351911.shtml

Hubei Province, copyright management method

    (April 25, 2011 Standing Committee of the Hubei provincial people's Government considered by Hubei provincial people's Government on May 5, 2011 announced order No. 341, come into force on July 1, 2011) Chapter I General provisions

    First to strengthen the management of copyright, protection of copyright and copyright-related rights (hereinafter referred to as the copyright), encouraging the creation and dissemination of works, and punish acts of copyright infringement, in accordance with the People's Republic of China copyright law and the People's Republic of China implementing regulations of the 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 copyright and related services, protection, monitoring, and management activities.

    Management of copyright of network works in accordance with the relevant provisions of the State.

Article people's Government above the county level administration of copyrights (hereinafter referred to as the Copyright Administration Department) competent authority of copyright management of work within their respective administrative areas.

    Press, publishing, culture, education, science and technology, economy and information technology, broadcasting, film and television, finance, public security, industry and commerce, and the Customs and Excise Department, in accordance with their respective responsibilities related to copyright management.

    The fourth people's Governments above the county level shall strengthen leadership of the copyright management and protection of copyright-related laws and regulations, implementation of the regulations.

Article fifth competent administration of copyrights shall, within their respective administrative areas of copyright law, strengthening oversight of the implementation of the rules and regulations, and maintain the legitimate rights of copyright and neighbouring rights.

    Copyright administrative departments should establish and improve the accountability system for copyright management, 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 citizens, legal persons or other organizations shall enjoy copyright protection. Encouraged to report and expose acts of copyright infringement.

    Staff to report and expose violations of the Copyright Act, the relevant departments should protect their legitimate rights and interests, and to commend or award.

Article seventh copyright administrative departments shall encourage and support the construction of copyright collective management organizations in support of copyright collective management organizations operate according to law.

    Apply for the establishment of copyright collective management organizations, shall go through examination and approval procedures.

    Article eighth copyright agency business and intermediary service institutions should practise according to law, and accept the supervision of the competent administration of copyrights.

    Chapter II copyright registration

Nineth provincial copyright administrative departments in charge of the province, within the administrative area of the author or other copyright owner of the work registration.

    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. Principle of voluntary application for registration article tenth works.

Works whether registered or not, shall obtain the author or other copyright owner's copyright are not affected.

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

The 11th voluntary registration of works of the copyright owner shall be made to the provincial copyright administrative departments or their units commissioned by the law.

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) indicate that proof of copyright ownership;

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

(VII) other documents shall be submitted in accordance with law. Work registration authority shall, within 15 working days from the date of acceptance of the application complete registration verification works, to meet the conditions for registration works registration certificate shall be issued by the works; works does not meet the conditions for registration, registration and inform the applicant in a timely manner.

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

12th belongs to one of the following works, works registration authorities shall not be registered:

(A) works not protected by copyright law;

(B) over the term of protection of copyright works;

    (C) to prohibit publication or distribution of works.

13th under any of the following circumstances, works registration authority shall revoke the registration:

(A) register found the situation provided for in article 12th;

(B) found after registration of copyright ownership of the work is not consistent with the facts;

(C) registration of applicants apply for revocation of the original work;

    (D) found to be duplicate registration after registration.

    14th 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.

15th book publishing unit and electronic publications published foreign or Hong Kong, Macao and Taiwan books and electronic publications of the copyright owner, shall conclude a written contract and copyright owners, and required to register with the provincial copyright administrative departments for a publishing contract.

    Unit of replication of audio and video products and electronic publications commissioned copying foreign countries or Hong Kong, Macao, Taiwan area of copyright owner or its authorized organizations or individuals making audio and video products and electronic publications, it should be entered into with the client commissioned a copy of the contract and in accordance with the regulations to register with the provincial copyright administrative departments for contract. 16th the pledge of property rights in the copyright of the copyright owner, the pledgor and the pledgee shall conclude a written contract, in accordance with the registration.

    Copyright mortgage contract from the copyright date of issue of the certificate of registration of a pledge contract.

    Chapter III works

Article 17th of books, newspapers, periodicals, audio and video products and electronic publications, computer software, and so on, without lawful authority, printing, copying, making producers may 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 site operators, may not play illegal audio and video products, and shall not be illegal electronic publications and computer software. The 18th article using someone else's work, shall be licensed by the copyright owner or copyright collective management organization.

    Except as otherwise provided by law. The 19th article using someone else's work, except as otherwise provided by law, but shall pay the remuneration to the copyright owner.

Agreed remuneration, according to the agreed implementation; not stipulated, according to standards set by the State. Works users should use the work within 2 months from the date of paying the copyright owner.

Except as otherwise agreed by the parties.

    Works users pay to the copyright owner, the copyright owner's name (name), address unknown, shall, within 1 month will be paid together with the postage, as well as related to the use of the work by the copyright collective management organization, timely payments to copyright owners by the organization. 20th law copyright enjoyed by the country's provincial works, the copyright exercised on his behalf by the provincial copyright administrative departments. Used in the copyright term of the work, licensed by the provincial copyright administrative departments you want and pay the remuneration in accordance with the regulations.

    Provincial copyright administrative departments should be submitted in a timely manner after receipt of remuneration paid financial.

    After 21st copyright disputes arising, the parties may negotiate to solve, or you can apply for mediation to the competent administration of copyrights copyright arbitration clause in a contract or arbitration agreement reached afterwards, the parties concerned may apply for arbitration to the arbitration body; no arbitration clause in a contract or arbitration agreement has been reached, the parties concerned may directly bring a lawsuit.

    Fourth chapter jurisdiction and the law enforcement examination

22nd provincial copyright Administrative Department is responsible for investigating copyright infringement actions have a significant impact in the province, and that should be determined by the investigation of the violations of the Copyright Act.

    City and county level copyright Administrative Department is responsible for investigating copyright infringement actions within their respective administrative regions. 23rd where two or more copyright administrative departments for the same copyright infringement cases have jurisdiction, by the first filing of copyright Administrative Department is responsible for the investigation.

    Because of disputed or unclear jurisdiction jurisdiction by the disputing parties resolve through consultation and submitted to their common jurisdiction specified by the Copyright Administration Department at a higher level; their collective Copyright Administration Department at a higher level can also specify jurisdiction directly.

    The 24th superior competent administration of copyrights deems it necessary to deal with lower-level copyright administrative authorities jurisdiction in cases that have major impact, also can take jurisdiction of the case to subordinate competent administration of copyrights; subordinate competent administration of copyrights case within its jurisdiction are considered significant, complex and need to be dealt with by superior competent administration of copyrights, copyright administrative departments can be reported to the previous level.

    25th the Copyright Administration Department should be sound complaints, reporting system, with clear division of duties and procedures, improve the responsibility system for administrative law enforcement, investigating copyright violations in a timely manner. 26th copyright administrative authorities to law enforcement officers to books, newspapers, periodicals, audio and video products and electronic publications, computer software, such as publishing, reproduction and sales unit as well as supervision and protection of copyright-related sites. The above units and premises inspections should have at least two law enforcement officers present, and produce their documents.

    Are checked for units and individuals shall cooperate actively.

    27th law enforcement officials should fully hear the statements of the parties, defence, review the facts, reasons and evidence submitted by the parties, review and submit reports.

28th on suspicion of copyright infringement by the copyright administration of the evidence, the collection can take the following measures:

(A) inspect, copy and contracts relating to the suspected infringement acts, invoices, accounting books, documents, records, business correspondence and other written materials;

(B) sample of allegedly infringing copies of works, such as forensics or antecedent register;

(C) for allegedly infringing materials, tools, equipment and other items advance registration and preservation;

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

    Copyright administrative management departments in accordance with law to obtain evidence, the relevant units and individuals shall cooperate, may refuse or obstruct.

    The fifth chapter legal liability

Article 29th of 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 provides, give infringement behavior people ordered stop infringement behavior, and confiscated illegal proceeds, and confiscated and destroyed infringement copies, and confiscated involved material and equipment, and fine, corresponding punishment; constitute crime of, law held criminal.

    30th article violates the provisions of this article 11th, 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 the registration of less than 1000 Yuan fine.

    31st in violation of provisions of the present article 15th, publish or copy not registered according to the provisions of the contract, the provincial copyright administrative authorities should be given a warning, and may be fined not more than 5000 Yuan.

32nd before the administrative punishment decision, request a hearing in accordance with law by the parties, the copyright administration departments shall organize the hearing. Party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring a lawsuit. Administrative reconsideration and administrative litigation does not stop during the implementation of administrative punishments.

    Party fails to apply for administrative reconsideration, not sued, nor performs the decision of administrative penalty, administration of copyrights may apply to a people's Court for compulsory execution.

    Article 33rd copyright administrative departments in dealing with copyright violations, cases of alleged to constitute a crime, it shall be transferred to judicial organs for handling.

    34th copyright Administrative Department for dereliction of duty, abuse of power, favoritism, and by their work units or by the competent authorities shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    35th refuse or hinder the copyright Administrative Department law enforcement officials perform their duties according to law, dealt with by the public security organs in accordance with the case constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles 36th these measures come into force July 1, 2011. On January 8, 1996, provincial executive meeting examined and adopted, effective as of July 1, 1996, of the interim measures for the administration of copyright in Hubei Province (provincial, 99th) repealed simultaneously.