Textbook legal permission to use the work payments compensation

    (October 22, 2013, national copyright administration, the State development and Reform Commission announced 10th come into force December 1, 2013) article for copyright protection of authors of literary, artistic and scientific works, regulate the behavior of writing textbooks using published works, according to the People's Republic of China copyright law and the People's Republic of China implementing regulations of the copyright law and the collective management of copyright regulations, these measures are formulated. Second these measures shall apply to the use of published works published the nine-year compulsory education and national education planning textbook behavior.

Textbooks are not included in these measures of teaching reference books and teaching aids.

    This approach by said nine years business compulsory education textbooks and national education planning textbooks, is refers to for implementation compulsory education, and high school stage education, and vocational education, and higher education, and national education, and special education, guarantee basic of teaching standard, or for reached national on a a field, and a while education teaching of requirements, according to State education administrative sector or provincial government education administrative sector developed of courses programme, and professional teaching guide programme and prepared published of textbooks.

Article in textbook compilation of a published work piece or short literary works, musical works or single works of art and photographic works, apart from the author's prior statements are not permitted to use outside, without permission of the copyright owner, it should be paid, indicating the author's name, title, and shall not infringe the copyright owner shall enjoy the other rights.

Or short pieces of writing, refers to the nine-year compulsory education textbook used in one time no more than 2000 words of written works, or national education plan (excluding nine years of compulsory education) one time no more than 3000 words used in textbooks written works.

    Short musical works, refers to the nine-year compulsory education and the national education plan of textbooks used in the one time not exceeding 5 pages or no more than 5 minutes of monophonic music works, or multiplied by the corresponding multiples of polyphonic music.

Fourth textbook compilers pay standard are as follows:

(A) written works: 300 yuan per thousand words, calculated per thousand words of less than thousands of words;

(B) musical compositions: the first 300 yuan each;

(C) works of art and photographic works: each of 200 Yuan, for the front cover or back cover, each of 400 Yuan;

(D) in the music textbooks matching the sound recordings sound recordings have been used in the textbooks: the first 50 Yuan each. Pay compensation calculated according to the actual text of the word, namely, typographical layout of all words per line multiplied by the actual number of rows calculated.

Topic or typographical insufficient at the end of a line, calculated according to the line.

Every ten lines calculated per 1000 words of poetry; less than ten rows of ten line.

    Non-Chinese character writing, follow the same layout of equal size of the character of remuneration for paid 80%.

Article fifth adaptation published textbooks, after remuneration determined in accordance with the provisions of this article fourth, adapted by the author and the author of the original work assigned in consultation, the consultation fails, should equal distribution.

    Use a work has two or more authors shall be equal distribution of remuneration of the work, except as otherwise agreed by the author.

Sixth textbooks during publishing, textbook compilers should be in accordance with this approach a year paid to the copyright owner compensation.

Pay textbooks published within 2 months from the date of payment of the copyright owner. Textbook compilers do not pay the remuneration to the copyright owner in accordance with the provisions of the preceding paragraph, shall, within the first month of each semester to remuneration shall be paid together with the postage works, as well as the relevant information to the relevant copyright collective management organization.

Compilers of textbooks after the remuneration paid to the account, copyright collective management organization should be in accordance with the relevant provisions to the copyright owner to pay in a timely manner, and timely announcements on its website the textbook compilers of works about it.

Copyright collective management organizations go pay, remuneration received shall be compiled transfer records.

    Related works include the name of the work, author (including the original authors and adaptation) name, works number, publication date, etc.

Seventh after the publication of textbooks, the copyright owner requires textbook compilers provide a sample copy of textbook compilers should be available to the copyright owner.

Textbook compilers follow this approach through copyright collective management organizations to go to pay, the booklet can be referred to relevant copyright collective management organization, which transferred to the copyright owner.

    Transmitted to the sample copy costs borne by textbook compilers.

    Eighth compilation of textbooks in accordance with this article sixth paragraph to transmit the corresponding remuneration for copyright collective management organization, copyright no longer bear the obligation to pay the remuneration.

    Nineth textbook compilers do not pay in accordance with these measures, it shall be liable to cease the infringement, the Elimination of effect, apology or paying compensation for damages, such as civil liability.

    Tenth textbook digestor pay remuneration to the producer of sound recordings, apply the approach set forth in the sixth, eighth and Nineth. 11th these measures shall come into force on December 1, 2013. Implementation of this approach before the release of the other relevant provisions inconsistent with these measures, is subject to this approach.