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Measures for registration of copyright pledge

Release Time：

2021-12-13

Issued by Decree No. 8 of the National Copyright Administration on November 25, 2010, effective from January 1, 2011)

Article 1 These Measures are formulated in accordance with the relevant provisions of the Property Law of the People's Republic of China, the Guarantee Law of the People's Republic of China and the Copyright Law of the People's Republic of China in order to regulate the act of copyright pledge, protect the legitimate rights and interests of creditors and maintain the order of copyright trading.

Article 2 The National Copyright Administration shall be responsible for the registration of copyright pledge rights.

Article 3 Property rights in Copyrights and copyright-related rights (hereinafter collectively referred to as "Copyrights") stipulated in the Copyright Law of the People's Republic of China may be pledged.

Unless otherwise agreed, the consent of all the co-owners shall be obtained.

Article 4 Where copyright is pledged, the pledgor and the pledgee shall conclude a written pledge contract, and both parties shall jointly register the copyright pledge with the registration institution.

The pledgor and the pledgee may handle the matter themselves or entrust an agent to do so.

Article 5 The establishment, alteration, transfer and termination of the copyright pledge shall be effective when recorded in the Copyright Pledge Register.

Article 6 To apply for registration of copyright pledge, the following documents shall be submitted:

(1) Application form for registration of copyright pledge;

(2) identity certificates of the pledgor and the pledgee;

(3) the master contract and the copyright pledge contract;

(4) If an agent is entrusted to handle the matter, a power of attorney and the identity certificate of the agent shall be submitted;

(5) to pledge the common copyright and submit written documents agreed by the co-owners to the pledge;

(6) Where the use is authorized before the pledge is made, the authorization contract shall be submitted;

(7) Where the pledged copyright has undergone value assessment, the pledgee requires value assessment, or relevant laws and regulations require value assessment, submit an effective value assessment report;

(8) Other materials to be provided.

The documents submitted are in a foreign language, and a Chinese translation should be attached.

Article 7 A copyright pledge contract generally includes the following contents:

(1) The basic information of the pledgor and the pledgee;

(2) the type and amount of the secured claim;

(3) the time limit for the debtor to perform its obligations;

(4) the content and term of protection of the copyright pledged;

(5) the scope and term of the pledge guarantee;

(6) Other matters agreed upon by the parties.

Article 8 Where the applicant submits complete materials, the registration authority shall accept them. If the materials submitted are incomplete, the registration authority will not accept them.

Article 9 Where the requirements are met after examination, the registration authority shall make a registration within 10 days from the date of acceptance, and issue the Copyright Pledge Registration Certificate to the pledgor and the pledgee.

Article 10 Where the requirements are not met after examination, the registration authority shall notify the applicant to make corrections within 10 days from the date of acceptance. The notice of rectification shall state the particulars of the rectification and a reasonable time limit for the rectification. If a rectification is not made within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.

Article 11 The contents of the Copyright Pledge Registration Certificate shall include:

(1) The basic information of the pledgor and the pledgee;

(2) The basic information of the pledged copyright;

(3) the copyright pledge registration number;

(4) Registration date.

The Copyright Pledge Registration Certificate shall indicate that the copyright pledge shall be established from the date of registration.

Article 12 Under any of the following circumstances, the registration authority shall not register:

(1) the pledgor is not the copyright owner;

(2) The contract violates the mandatory provisions of laws and regulations;

(3) The term of protection of the pledged copyright expires;

(4) the term of performance of the obligor exceeds the term of protection of the copyright;

(5) where there is a dispute over the ownership of the pledged copyright;

(6) Other items that do not meet the conditions for the pledge.

Article 13 Before the registration organ handles the registration of copyright pledge, the applicant may withdraw the application for registration.

Article 14 During the term of copyright pledge, without the consent of the pledgee, the pledgor may not transfer or license another person to use the rights pledged.

The proceeds obtained by the pledgor from transferring or permitting others to use the rights pledged shall be paid off to the pledgee in advance or deposited.

Article 15 Under any of the following circumstances, the registration authority shall revoke the pledge registration:

(1) The circumstances listed in Article 12 are found after registration;

(2) The effective award or administrative penalty decision affecting the effectiveness of the pledge made by a judicial organ, an arbitration organ or an administrative organ should be revoked;

(3) the copyright pledge contract is invalid or revoked;

(4) The applicant provides false documents or fraudulently obtains registration of copyright pledge by other means;

(5) Other activities that should be revoked.

Article 16 During the period of copyright pledge, where the basic information of the applicant, the basic information of the copyright, the type and amount of the creditor's right guaranteed, or the scope of the guarantee are changed, the applicant shall apply to the registration office for registration of the change with the alteration agreement, the original Copyright Pledge Registration Certificate and other relevant materials.

Article 17 Where an application for alteration registration is made, the registration authority shall complete the examination within 10 days from the date of acceptance. If the requirements are met after examination, the alteration shall be registered.

Where the alteration involves the alteration of the contents of the certificate, the original registration certificate shall be returned, and a new certificate shall be issued by the registration authority.

Article 18 Under any of the following circumstances, the applicant shall apply for cancellation of the pledge registration:

(1) where the pledgor and the pledgee agree to cancel through consultation;

(2) Completion of the main contract;

(3) where the pledge right is realized;

(4) where the pledgee renounces his pledge;

(5) other causes of the extinction of the pledge right.

Article 19 An application for cancellation of the pledge registration shall be submitted with the application for cancellation registration, the certificate of cancellation registration, the applicant's identity certificate and other materials, and return the original Copyright Pledge Registration Certificate.

The registration authority shall complete the formalities within 10 days from the date of acceptance and issue a notice of cancellation of registration.

Article 20 The registration institution shall set up a Copyright Pledge Register to record the relevant information of copyright pledge registration for public inquiry.

The content of the Copyright Pledge Registration Certificate shall be consistent with the content of the Copyright Pledge Register. If the records are inconsistent, the Copyright Pledge Register shall prevail unless there is evidence to prove that there is a mistake in the Copyright Pledge Register.

Article 21 The Copyright Pledge Register shall include the following contents:

(1) The basic information of the pledgor and the pledgee;

(2) The main contents of the copyright pledge contract;

(3) the copyright pledge registration number;

(4) the date of registration;

(5) cancellation of registration;

(6) changes in registration;

(7) the situation of registration cancellation;

(8) Other contents that need to be recorded.

Article 22 Where the Copyright Pledge Registration Certificate is lost or damaged, it may apply to the registration authority for replacement or replacement. The registration authority shall reissue or replace the application within 5 days from the date of receipt of the application.

Article 23 The registration authority shall publish the basic information of copyright pledge registration through the official website of the National Copyright Administration.

Article 24 The National Copyright Administration shall be responsible for the interpretation of these measures.

Article 25 These Measures shall come into force as of January 1, 2011. The Measures for Registration of Copyright Pledge Contracts promulgated by the National Copyright Administration on September 23, 1996 shall be repealed simultaneously.

Source: National Copyright Administration

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