Interim Measures for Payment of remuneration to radio stations and television stations for broadcasting sound recordings-Copyright-Shenzhen deep trust patent Agency Co., LTD

Interim Measures for Payment of remuneration to radio stations and television stations for broadcasting sound recordings

Release Time：

2009-12-11

These Measures are formulated in accordance with the provisions of Article 43 of the Copyright Law of the People's Republic of China (hereinafter referred to as the Copyright Law) in order to ensure that copyright owners exercise their right to broadcast according to law and to facilitate radio stations and television stations to broadcast sound recordings.

Xinhua Beijing, Nov. 17 (Authorized to be Published) Interim Measures for Payment of Remuneration for Broadcasting Sound Recordings by Radio Stations and Television Stations

Article 1 These Measures are formulated in accordance with the provisions of Article 43 of the Copyright Law of the People's Republic of China (hereinafter referred to as the Copyright Law) in order to ensure that copyright owners exercise their right to broadcast according to law and to facilitate radio stations and television stations to broadcast sound recordings.

Article 2 A radio station or television station may make an agreement with the collective copyright administration organization in charge of relevant rights on matters relating to the form and amount of remuneration paid to the copyright owner for the broadcast of a published musical work.

Where a radio station or television station broadcasting a published sound recording has concluded a license contract with the copyright owner, it shall pay remuneration in accordance with the manner and standard stipulated in the contract.

Where a radio station or television station, in accordance with the provisions of Article 43 of the Copyright Law, plays a published sound recording without the permission of the copyright owner (hereinafter referred to as playing a sound recording), it shall pay remuneration to the copyright owner in accordance with these Measures.

Article 3 The term "broadcast" as mentioned in these Measures refers to the first broadcast, rebroadcast and rebroadcast by a radio station or television station by wireless or wired means.

Article 4 In broadcasting sound recordings, a radio station or television station may agree with the collective copyright administration organization in charge of relevant rights to pay a fixed amount of remuneration to the copyright owner every year; If no agreement has been reached on a fixed amount or no agreement has been reached, the radio station, television station and the copyright collective management organization in charge of relevant rights may negotiate to pay remuneration to the copyright owner on the basis of one of the following methods:

(1) The amount of remuneration to be paid shall be calculated by multiplying the balance of the advertising income of this station or each channel (frequency) of this Station after deducting 15% of the cost and expenses by the remuneration standard stipulated in Article 5 or Article 6 of these Measures;

(2) The amount of remuneration to be paid shall be calculated by multiplying the total amount of time spent playing sound recordings on this stage in the current year by the remuneration standard per unit time stipulated in Article 7 of these Measures.

Article 5 Where the amount of remuneration to be paid to the copyright owner is determined in the manner prescribed in item (1) of Article 4 of these Measures, the amount of remuneration to be paid shall be negotiated in accordance with the following payment standards within 5 years from the date of implementation of these Measures:

(1) If the time spent playing audio recordings accounts for less than 1% of the total time (hereinafter referred to as the time proportion) of the broadcast programs of this station or this channel (frequency), the remuneration standard shall be 0.01%;

(2) If the proportion of playing time is more than 1% and less than 3%, the remuneration standard is 0.02%;

(3) If the proportion of playing time is more than 3% and less than 6%, the corresponding remuneration standard is 0.09% to 0.15%, and the remuneration standard is increased by 0.03% for every 1% increase in the proportion of playing time;

(4) If the proportion of playing time is more than 6% and less than 10%, the corresponding remuneration standard is 0.24% to 0.4%, and the remuneration standard is increased by 0.04% for every 1% increase in the proportion of playing time;

(5) If the proportion of playing time is more than 10% and less than 30%, the remuneration standard is 0.5%;

(6) If the proportion of playing time is more than 30% and less than 50%, the remuneration standard is 0.6%;

(7) If the proportion of playing time is more than 50% and less than 80%, the remuneration standard is 0.7%;

(8) If the proportion of playing time is more than 80%, the remuneration standard is 0.8%.

Article 6 Where the amount of remuneration to be paid to the copyright owner is determined in the manner provided for in item (1) of Article 4 of these Measures, the amount of remuneration to be paid shall be negotiated according to the following remuneration standards from the date of expiry of 5 years after the implementation of these Measures:

(1) If the proportion of playing time is less than 1%, the remuneration standard is 0.02%;

(2) If the proportion of playing time is more than 1% and less than 3%, the remuneration standard is 0.03%;

(3) If the proportion of playing time is more than 3% and less than 6%, the corresponding remuneration standard is 0.12% to 0.2%, and the proportion of playing time is increased by l %, the remuneration standard is increased by 0.04%;

(4) If the proportion of playing time is more than 6% and less than 10%, the corresponding remuneration standard is 0.3% to 0.5%, and the remuneration standard is increased by 0.05% for every 1% increase in the proportion of playing time;

(5) If the proportion of playing time is more than 10% and less than 30%, the remuneration standard is 0.6%;

(6) If the proportion of playing time is more than 30% and less than 50%, the remuneration standard is 0.7%;

(7) If the proportion of playing time is more than 50% and less than 80%, the remuneration standard is 0.8%;

(8) If the proportion of playing time is more than 80%, the remuneration standard is 0.9%.

Article 7 Where the amount of remuneration to be paid to the copyright owner is determined in the manner prescribed in item (2) of Article 4 of these Measures, the amount of remuneration to be paid shall be negotiated in accordance with the following payment standards:

(1) The unit time remuneration of the radio station shall be 0.30 yuan per minute;

(2) The unit time remuneration standard of TV stations shall be 1.50 yuan per minute within 5 years from the date of implementation of these Measures, and 2 yuan per minute from the date of expiration of 5 years from the date of implementation of these Measures.

Article 8 Where a radio station or television station plays a sound recording and fails to agree on a fixed amount of remuneration to be paid in accordance with the provisions of Article 4 of these Measures with the copyright collective management organization for the management of relevant rights, or fails to negotiate to determine the remuneration to be paid, it shall do so in accordance with the manner stipulated in Article 4 (1) and the standards stipulated in Article 5 and 6 of these Measures. Determine the amount of remuneration to be paid to the copyright collective management organization that manages the relevant rights.

Article 9 Where a radio station or television station rebroadcasts a sound recording broadcast by another radio station or television station, the time spent playing the sound recording shall be calculated by 10% of the actual time spent playing the sound recording.

Article 10 The amount of remuneration paid by radio stations and television stations in central China to copyright owners in accordance with the methods provided for in these Measures shall, within 5 years from the date of implementation of these Measures, be calculated according to 50% of the amount calculated in accordance with the provisions of these Measures.

The amount of remuneration paid to copyright owners by radio stations and television stations in western China and specialized channels (frequencies) that broadcast exclusively to children, ethnic minorities and rural areas in accordance with the methods provided for in these Measures shall, within five years from the date of implementation of these Measures, be calculated according to 10% of the amount calculated in accordance with the provisions of these Measures; From the date of the expiration of these Measures for 5 years, the amount calculated in accordance with the provisions of these measures shall be calculated by 50%.

Article 11 The Ministry of Finance of the people's governments at or above the county level shall take the payment of remuneration to copyright owners for broadcasting sound recordings by radio stations and television stations established by the people's governments at the same level as a factor in determining their revenues and expenditures, and shall make overall arrangements according to the financial situation of the respective regions.

Article 12 A radio station or television station shall make annual payments to the copyright owner.

A radio station or television station shall, in the first quarter of each year, transfer the remuneration it should have paid in the previous year to the copyright owner by the collective copyright administration organization.

When a radio station or television station pays remuneration to a copyright owner through a collective copyright administration organization, it shall provide information such as the title of its broadcast work, the name or title of the copyright owner, and the broadcast time, unless the two parties have already agreed upon it.

Article 13 Where a radio station or television station plays a sound recording and fails to pay remuneration to copyright owners other than the members of the copyright collective management organization in charge of the relevant rights, it shall, in accordance with the provisions of Article 12 of these Measures, deliver the remuneration payable to the copyright collective management organization in charge of the relevant rights; The copyright collective management organization that manages the relevant rights shall transfer the payment to the copyright owner.

Article 14 In addition to the provisions of these Measures, the relevant provisions of the Regulations on Collective Administration of Copyright shall apply to the transfer of remuneration to copyright owners by copyright collective administration organizations.

Article 15 A radio station or television station shall not be liable for any dispute between the copyright collective administration organization and the copyright owner after handing over the remuneration to the copyright owner in accordance with the provisions of these Measures.

Article 16 Where a dispute arises between a radio station or television station and a copyright owner or a copyright collective management organization over payment of remuneration in accordance with the provisions of these Measures, it may file a civil lawsuit with a people's court according to law, or apply to an arbitration institution for arbitration in accordance with a written arbitration agreement reached between the two parties.

Article 17 These Measures shall come into force as of January 1, 2010.

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