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Interim Measures for the Administration of Foreign-Related Copyright Agencies
(Promulgated by the State Copyright Administration and the State
Administration for Industry and Commerce on April 15, 1996)
Article 1 These Measures are formulated for the
purpose of strengthening the administration of foreign-related copyright agencies and
protecting the legitimate interest of copyright owners and users of works in accordance
with the Copyright Law of the People's Republic of the China and its implementation rules.
Article 2 The term "foreign-related copyright
proxy", referred to in these Measures, denotes the civil juristic act, performed by
foreign-related copyright agencies in the name of the commissioning party, of the
alienation of property right or permission for use relating to foreign-related copyright
and other foreign-related copyright affairs within the scope of the delegated authority.
Article 3 The term "foreign-related copyright
agencies" denotes enterprises as legal persons which are formed according to law and
engaged in foreign-related copyright business.
Article 4 The State Copyright Administration shall be
responsible for the examination and approval of foreign-related copyright agencies.
Article 5 Those who intend to establish
foreign-related copyright agencies shall submit an application to the State Copyright
Administration for examination and approval. The State Copyright Administration shall
decide the said application within 60 days from its filing date. The application shall be
approved if it is qualified and shall be sent back if it is not qualified.
Article 6 Those who intend to establish
foreign-related copyright agencies shall submit to the examination and approval
organizations the following documents: written application, written approval by the
competent authority of the higher level, the articles of association and business scope,
list of employees and their resume, and certificate of residence.
Article 7 Those who intend to establish
foreign-related copyright agencies shall have more than 3 full-time copyright agents with
2 year working experience of copyright.
Article 8 The foreign-related copyright agencies,
which have been established with the approval by the State Copyright Administration, shall
submit the written approval of the State Copyright Administration to the department for
industry and commerce administration and go through the registration procedures of
enterprises as a legal person.
Article 9 Foreign-related copyright agencies shall be
subject to business guidance and supervision by the State Copyright Administration.
Article 10 The business scope of foreign-related
copyright agencies is as follows:
(1)developing market for works under entrustment;
(2)providing legal advice concerning copyright;
(3)acting as agent for signing transfer or authorized use contracts;
(4)acting as agent for collecting royalty or the remuneration in other
forms;
(5)accepting an entrustment and acting as agent for dispute over
copyright; and
(6)acting as agent for other foreign-related copyright work.
Article 11 Those who do not conform to the provisions
under these Measures shall not be permitted to conduct activities of foreign-related
copyright agency; those, who have conducted commission activities concerning
foreign-related copyright, shall go through the relevant formalities within 6 months.
Those who do not conform to the provisions under Article 7 of these Measures shall stop
the commission business concerning foreign-related copyright.
Article 12 The State Copyright Administration and the
department for industry and commerce administration may, according to their respective
duties, impose administrative penalties upon foreign-related copyright agencies if they
are involved in any of the following cases:
(1)concealing the true situation and resorting to deception in the
course of application for conducting commission business concerning foreign-related
copyright;
(2)unable to conduct regular commission business concerning
foreign-related copyright due to mismanagement of foreign-related copyright agencies;
(3)causing heavy losses to the consignors due to operating faults
committed by foreign-related copyright agencies;
(4)jeopardizing the legitimate rights and interests of the consignors
as result of foreign-related copyright agencies' collaboration with a third party; and
(5)engaging in other illegal operations.
Article 13 If foreign-related copyright agencies
disagree with the penalties imposed upon by the State Copyright Administration or the
department for industry and commerce administration, they may bring a suit in a people's
court according to law.
Article 14 Those who conduct commission business
concerning foreign-related copyright as a side-line business shall act in accordance with
these Measures.
Article 15 The right to interpret these Measures shall
jointly reside in the State Copyright Administration and the State Administration for
Industry and Commerce.
Article 16 These Measures shall go into effect on the
date of promulgation.
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