(Promulgated by the State Copyright Administration and the State Administration for Industry and Commerce on April 15, 1996)
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.
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.
The term "foreign-related copyright agencies" denotes enterprises as legal persons which are formed according to law and engaged in foreign-related copyright business.
The State Copyright Administration shall be responsible for the examination and approval of foreign-related copyright agencies.
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.
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.
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.
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.
Foreign-related copyright agencies shall be subject to business guidance and supervision by the State Copyright Administration.
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.
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.
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.
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.
Those who conduct commission business concerning foreign-related copyright as a side-line business shall act in accordance with these Measures.
The right to interpret these Measures shall jointly reside in the State Copyright Administration and the State Administration for Industry and Commerce.
These Measures shall go into effect on the date of promulgation