Decree of the State Council of the People's Republic of China
No. 429

Copyright Collective Management Regulations were adopted by 74th Standing Conference of the State Council on December 22, 2004. The regulations are hereby promulgated and implemented as of March 1, 2005.

Minister of the State Council Wen Jiabao
December 28, 2004

Chapter I General Principles 

Article 1 These regulations are formulated in accordance with the Copyright Law of the People's Republic of China (hereinafter referred to as "Copyright Law") for the purposes of regulating copyright collective management activities, being convenient for the author and obligee relating to copyright (hereinafter referred to as "obligee") to use rights and for the users to use works. 

Article 2 Copyright collective management in terms of these regulations means following activities of performing their rights on behalf of their own name carried out by copyright collective management organizations authorized by the obligee.
1.Conclude right license contract of copyright or right license contract that relating to copyright (hereinafter referred to as "right license contract") with the users;
2.Collect charge for use from the users;
3.Shunt charge for use to the obligee;
4.Bring a lawsuit or submit a dispute involving copyright or rights relating to copyright and etc. 

Article 3 Copyright collective management organization in terms of these regulations means the society established in accordance with laws for the rights of the obligees, managing collectively the obligees' copyright or the rights relating to copyright according to the authorization of the obligee. 

Copyright collective management organization should register and carry out their activities in accordance with the provisions of administrative laws relating to the management of society registration and these regulations. 

Article 4 The rights that are difficult for the obligees to perform effectively, such as the rights if performance, broadcast, rent, information network propagation, copy and other rights, may be collectively managed by copyright collective management organization. 

Article 5 Copyright management department of the State Council is responsible for nation-wide copyright collective management. 

Article 6 Except for the copyright collective management organization established in accordance with the provisions of these regulations, none organizations and individuals may be engaged in copyright collective management activities.

Chapter II The establishment of copyright collective management organization 

Article 7 All Chinese citizens, legal persons or other organizations enjoying copyright or the right relating to copyright may initiate to establish copyright collective management organization. 

To stablish copyright collective management organization should meet with following requirements:
1.The obligees initiating to establish the copyright collective management organization should not be less than 50;
2.The business scope should not cross and mix with the business scope of copyright collective management organizations that have already registered in accordance with laws.
3.May represent the interests of relevant obligees nationwide;
4.Have draft regulations, draft standard of collecting charge for use and measures on shunting charge for use to the obligees (hereinafter referred to as "charge for use shunting measures") of copyright collective management organization. 

Article 8 The regulations of copyright collective management organization should include following information:
1.Name and residence;
2.Purpose of establishiment;
3.Business scope;
4.Organization structure and its functions and power;
5.Minimum numbers of the membership plenary session;
6.Duties of the executive council, the requirements of the person responsible for the executive council and the procedures of arising and dismissing of the person responsible for the executive council;
7.Ways of drawing and using management fee;
8.The requirements and procedures of joining and withdrawing from copyright collective management organization;
9.The procedures of revising the regulations.
10.The requirements and procedures of terminating a copyright collective management organization and property settlement after termination. 

Article 9 Whoever applies for establishing copyright collective management organization should submit the materials stipulated by Article 7 of these regulations to copyright management department of the State Council. The copyright management department of the State Council should make the decision whether or not to approve it within 60 days at the receipt of the materials. Copyright collective management license should be issued to those who get the approval, and reasons should be given to those who do not get the approval. 

Article 10 The applicant should go through the registration formalities in the department of civil affairs of the State Council in accordance with the administrative laws and regulations relating to registration management of social organizations within 30 days at the day when the copyright management department of the State Council issues him copyright collective management license. 

Article 11 Copyright collective management organization registering in accordance with laws should submit its copy of registration certificate to copyright management department of the State Council for the record within 30 days at the receipt of the registration certificate issued by the department of civil affairs of the State Council. Copyright management department of the State Council should publish the submitted copy of registration certificate and the regulations of copyright collective management organization, standard of collecting the charge for use, measures on shunting the charge for use by announcement. 

Article 12 Copyright collective management organization establishes branch organization should be approved by copyright management department of the State Council and go through registration formalities in the department of civil affairs of the State Council in accordance with administrative laws and regulations relating to society registration management. Whoever has registered in accordance with laws should submit the copy of registration certificate of the branch organization to copyright management department of the State Council for the record and the copyright management department of the State Council publish it by announcement. 

Article 13 Copyright collective management organization should work out the standard of collecting the charge for use in accordance with following factors:
1.Time, ways and area range of using works, audio and video products and etc.;
2.Variety of rights;
3.Degree from complication to simplicity of concluding the contract of using the license and collecting the charge for use. 

Article 14 Copyright collective management organization should work out measures on shunting the charge for use according to the information of the obligee's use of works or audio and video products and etc.. 

Article 15 If any copyright collective management organization revises its regulations, it should submit the draft of regulations revision to copyright management department of the State Council for approval. Copyright management department of the State Council should publish it by announcement after the verification and approval of civil affairs department of the State Council in accordance with laws. 

Article 16 If the registration of any copyright collective management organization is cancelled in accordance with laws, it must not be engaged in copyright collective management business as of the day of cancellation.