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In order to promote the democratization and openness of local legislation, fully understand the public sentiment and reflect public opinion, the "Guangdong Province Copyright Regulations (Revised Draft for Comments)" is now published on this website, and we invite people from all walks of life to provide valuable opinions. Please provide feedback on relevant opinions and suggestions to the Administrative Regulations Division of the Legal Affairs Committee of the Standing Committee of the Guangdong Provincial People's Congress (deadline: August 10, 2022).

Address: No. 64, Zhongshan 1st Road, Guangzhou, Postal Code: 510080

Email: xzfgc@gdrd.cn

Fax: 020-37866604

Copyright Regulations of Guangdong Province

(Revised Draft for Comments)

Chapter 1 General Provisions

Article 1 [Legislative Purpose] In order to improve the level of copyright creation, use, protection, management and service, promote the development of the copyright industry, and promote the construction of a strong copyright province, in accordance with the Copyright Law of the People's Republic of China, the Implementation Regulations of the Copyright Law of the People's Republic of China, etc. These regulations are formulated in accordance with laws and administrative regulations and in light of the actual conditions of the province.

Article 2 [Scope of Application] These regulations apply to copyright creation, use, protection, management and services and related activities within the administrative region of this province.

Article 3 [Government Responsibilities] People's governments at or above the county level shall formulate copyright industry development plans or plans, incorporate copyright work into relevant plans for national economic and social development, and incorporate copyright work funds into the fiscal budget of the same level.

People's governments at or above the county level should establish a leadership and coordination mechanism for copyright work, coordinate the advancement of copyright work, and coordinate the resolution of major issues.

Article 4 [Department Responsibilities] The copyright authorities at or above the county level are responsible for copyright work in their respective administrative regions.

Internet information, press and publishing, film, development and reform, education, science and technology, industry and information technology, public security, judicial administration, finance, human resources and social security, housing and urban-rural development, commerce, culture and tourism, market supervision and management, radio and television, customs and other relevant departments to carry out copyright-related work in accordance with their respective responsibilities.

Article 5 [Assessment and Evaluation] People's governments at or above the county level shall organize and carry out copyright assessment and evaluation work in accordance with the requirements of the relevant national and provincial assessment and evaluation indicator systems, and incorporate copyright work into the performance assessment and business environment evaluation system of the government at the same level.

Article 6 [Strengthen Publicity] People's governments at or above the county level should carry out regular copyright publicity and education work, establish a copyright news release system, and regularly release information on copyright policies, major events, typical cases, etc. to the society.

News media should carry out copyright publicity and education activities by opening columns, popularizing copyright knowledge, and publishing public service announcements on copyright protection, so as to create a good atmosphere in which the whole society advocates innovation, respects and protects copyright.

Article 7 [Reward System] People's governments at or above the county level shall, in accordance with national and provincial regulations, reward major copyright achievements and units and individuals that have made outstanding contributions to copyright work.

Chapter 2 Copyright Creation and Utilization

Article 8 [Incentivizing Creation] The copyright authorities at or above the provincial and prefectural levels shall establish an incentive mechanism for work creation, implement a support plan for outstanding works, organize the selection of outstanding copyright works, and focus on promoting scientific and technological innovation, digital economy, cultural inheritance and development and other fields. Creation and transformation of works.

Article 9 [Collaborative Innovation and Industrial Integration] Provincial and prefecture-level municipal people's governments should establish a copyright creation system with rights holders as the main body, market-oriented, and a combination of industry, academia, and research, and support universities, scientific research institutions, social organizations and rights People will jointly build a collaborative innovation platform for the copyright industry, promote the transformation and application of copyright achievements, and promote the in-depth integration and development of copyright work with technology, culture, finance and other related industries.

Article 10 [Bay Area Industrial Cooperation] The Provincial People's Government should promote the establishment of a copyright cooperation mechanism in the Guangdong-Hong Kong-Macao Greater Bay Area, organize activities such as industrial docking, investment and financing cooperation, exhibitions and displays, and strengthen cooperation with the Hong Kong Special Administrative Region and the Macao Special Administrative Region in the press and publishing industry. , film and television, music, animation, games, creative design, computer software and other key industries to promote the coordinated development of the copyright industry in the Guangdong-Hong Kong-Macao Greater Bay Area.

Article 11 [International Cooperation] The Provincial People's Government shall organize the establishment of an international exchange and cooperation mechanism for the copyright industry, optimize international copyright trade services, broaden the channels for external exchange and cooperation of copyright, and conduct research on copyright trade, industry docking, academic research, talent training, overseas rights protection, etc. Strengthen exchanges and cooperation and enhance the international operation capabilities of the copyright industry.

Encourage enterprises, universities, scientific research institutions, social organizations, etc. to carry out international copyright cooperation and exchanges in accordance with the law.

Article 12 [Demonstration Creation] The competent copyright authorities at the provincial and prefectural levels and above shall, in accordance with relevant national regulations, establish and implement policies in the creation and dissemination of works, copyright protection and management, aggregation of copyright elements, copyright industry development, copyright trade services, teaching and scientific research, etc. Carry out demonstration work.

The provincial copyright administration department shall coordinate the creation of national copyright demonstration cities, demonstration parks (bases), demonstration units, national copyright trade bases, and national copyright innovation and development bases within the administrative region of the province, and organize the evaluation of provincial copyright industry demonstration bases.

Article 13 [Industrial Clusters] Provincial and prefecture-level people's governments should promote the gathering of high-quality regional copyright resources through planning guidance, policy support, market player cultivation, etc., and give full play to the China (Guangdong) Free Trade Pilot Zone and national independent innovation The policy advantages of demonstration zones and other functional zones will be strengthened to strengthen institutional supply and create conditions and convenience for the construction and development of copyright industry clusters.

Article 14 [Industrial Development of New Business Forms] People's governments at the provincial and prefectural levels shall promote the aggregation of innovative elements and promote the development of new business forms in the copyright field through policy support, financial investment, talent guarantee, new technology promotion, etc.

Support and encourage market entities to promote the development of the copyright industry in the fields of digital publishing, radio, film and television, software and information services through technological innovation, independent research and development, authorized cooperation, industrial upgrading, financial investment, etc.

Article 15 [Copyright Transaction] Provincial copyright authorities should improve the copyright transaction mechanism, guide and regulate market entities in terms of work rights confirmation, value assessment, licensing transfer and transaction services, and promote the legal transfer of copyright.

Provincial and prefecture-level people's governments should use large-scale exhibitions such as the China Import and Export Fair (Canton Fair), China (Shenzhen) International Cultural Industry Expo, China International Film, Television and Animation Copyright Protection and Trade Expo, and the Southern Book Festival to promote copyright Licensing and Transactions.

Article 16 [Transformation of Achievements] People's governments at or above the provincial and prefectural levels may support the transformation and industrialization of copyright innovation achievements through free funding, loan interest discounts, capital subsidies, premium subsidies, and entrepreneurial venture capital, and guide social capital to increase their use. Investment in the transformation and industrialization of major copyrighted innovation achievements.

Encourage rights holders to realize the market value of copyright innovations through copyright transfer, licensing, pledge, pricing and investment, etc.

Article 17 [Supporting Small, Medium and Micro Enterprises] People's governments at or above the county level should guide small, medium and micro enterprises in the creation and use of copyrights, include the registration of works of small, medium and micro enterprises, innovation demonstration results, etc. into the scope of policy support, and encourage small, medium and micro enterprises to increase investment in copyright innovation .

People's governments at or above the prefecture level should support small, medium and micro enterprises in participating in large-scale copyright-related exhibitions. For those who participate in government-sponsored exhibitions, appropriate booth fee exemptions can be provided.

Article 18 [Copyright Industry Statistics and Research] Municipal copyright authorities at the provincial and prefectural levels shall improve the copyright industry statistical survey system that is consistent with the actual conditions of their respective administrative regions, and organize and implement copyright industry statistical surveys.

Encourage and support universities, scientific research institutions and social organizations to carry out research on the economic contribution rate and cultural influence of the copyright industry.

Chapter 3 Copyright Protection

Article 19 [Joint Law Enforcement and Special Actions] Copyright authorities at or above the county level should strengthen law enforcement cooperation with relevant departments such as public security, customs, market supervision and management, radio and television, and Internet information, and improve the law enforcement cooperation working mechanism.

Copyright authorities at or above the county level may, based on work needs, work with relevant departments to carry out special actions for copyright protection.

Article 20 [Key Supervision and Early Warning System] Provincial copyright authorities shall establish and improve the early warning system for copyright protection of key works, establish a list of key markets, and strengthen the monitoring and management of key areas such as e-commerce platforms, exhibitions, professional markets, and import and export. , promptly organize the investigation and punishment of copyright infringements.

Provincial copyright authorities should promote the establishment of systems such as listing and supervising the handling of major cases and publishing typical cases of copyright infringement.

Article 21 [Copyright Protection of New Business Forms] Provincial copyright authorities should promote copyright protection of new business forms, strengthen research and supervision of new issues in copyright governance, and improve new business forms in sports events, variety shows, online audio-visuals, e-commerce platforms and other fields Copyright protection system.

The copyright authorities at or above the provincial and prefectural levels should strengthen the research and development and application of digital copyright protection technologies such as source tracing, real-time monitoring, and online identification, and establish a rapid response mechanism to combat online infringement.

Article 22 [Online Platform Copyright Protection] Network service providers shall fulfill their main responsibilities for copyright protection in accordance with the law, establish an internal copyright supervision mechanism, adopt infringement prevention measures commensurate with their technical capabilities, business scale and service types, and improve infringement complaints. mechanism to quickly handle and resolve copyright disputes.

Article 23 [Source Protection] Enterprises, universities, and scientific research institutions are encouraged to strengthen the construction of risk prevention mechanisms, establish and improve copyright protection systems, improve self-protection capabilities, and strengthen copyright source protection.

Rights holders are encouraged to use electronic evidence storage technologies such as time stamps and blockchain to obtain and fix evidence related to copyright protection.

Article 24 [Law Enforcement Capabilities] The copyright authorities at or above the county level should strengthen the construction of copyright administrative law enforcement capabilities, unify law enforcement standards, improve law enforcement procedures, strengthen business training, equipment construction and new technology applications, and improve law enforcement professionalism, informatization, and Standardization level.

Article 25 [Complaints and Reporting Mechanism] Copyright authorities at or above the county level shall work with relevant departments to establish and improve a mechanism for handling complaints and reports of copyright infringement, disclose the channels and methods for accepting complaints and reports, handle complaints and reports in a timely manner, and provide feedback on the results in accordance with regulations Complainant, whistleblower.

Chapter 4 Copyright Management and Services

Article 26 [Regulatory Innovation] Provincial copyright authorities should use new technologies such as big data, artificial intelligence, and blockchain to improve the copyright supervision work platform and innovate copyright supervision methods in terms of work registration, monitoring and early warning, publicity and training, etc. Improve copyright management and service capabilities.

Article 27 [Supervision of Software Genuineness] People's governments at or above the county level shall organize, guide and coordinate the use of genuine software, establish and improve a dynamic supervision mechanism for software genuineness, and inspect the use of software by state agencies, enterprises and institutions .

Software users should implement the main responsibility for the work of genuine software, establish a long-term mechanism for the use of genuine software, and improve systems such as work responsibilities, daily management, software configuration, software accounting, installation and maintenance.

Article 28 [Import and Export Risk Management] The copyright authorities and relevant departments shall, in accordance with relevant national and provincial regulations, strengthen the supervision and management of the introduction and export of works, promote the establishment of a cross-departmental linkage response mechanism for copyright management, and maintain the national copyright core Benefit.

Article 29 [Registration and Certification of Works] The provincial copyright administration department shall adopt informatization methods to improve the digital level of work registration, strengthen the disclosure of work registration information, and guide and encourage enterprises, institutions, and other units and individuals engaged in the creation of works. Registration of works.

Conditional municipalities at or above the prefecture level can encourage right holders to register works through subsidies and subsidies for work registration fees.

Encourage social forces to build databases of works in relevant professional fields, and provide services such as work storage, digital evidence collection, and copyright infringement monitoring and identification.

Article 30 [Work registration process] The registration of works shall be based on the principle of voluntary application. If the right holder applies for registration of works, he shall submit the application to the provincial copyright department or the unit entrusted by it according to law.

To apply for work registration, the following materials must be submitted truthfully:

(1) Application for work registration;

(2) Original or copy of the work;

(3) Instructions for the work;

(4) Relevant certificates showing the ownership of the copyright of the work;

(5) Proof of citizenship, establishment certificate of legal person or other organization;

(6) Other materials that should be submitted in accordance with the law.

The work registration agency shall complete the work registration verification within fifteen working days from the date of acceptance of the application, and shall issue a work registration certificate to works that meet the registration conditions; works that do not meet the registration conditions shall not be registered, and the application shall be informed in a timely manner people.

Article 31 [Copyright Appraisal and Value Assessment] Provincial copyright authorities should support and guide copyright appraisal agencies and copyright value assessment agencies to strengthen professionalization and standardization, and promote the establishment of copyright appraisal technical standards and copyright value assessment standards.

Article 32 [Copyright Financial Services] The Provincial People's Government shall adopt policy guidance and measures to optimize copyright financing services, promote copyright pledge financing and copyright securitization, expand direct financing channels, and cultivate the copyright financial services market.

Encourage insurance institutions to develop copyright transaction insurance, infringement insurance and other insurance products that meet the needs of the development of the copyright industry in accordance with the law.

Article 33 [Copyright Grassroots Workstation] Copyright grassroots workstations should assist in providing copyright social services within their jurisdiction, and carry out consulting services, publicity and training, policy research, dispute mediation, investigation and statistics, etc.

The competent copyright authorities at the provincial and prefectural levels should strengthen the business guidance, supervision and management of grassroots copyright workstations.

Article 34 [Industry Self-Discipline] Copyright industry organizations should formulate industry norms, strengthen self-regulatory management, guide the copyright work of their members, and provide services such as copyright policy research, publicity and training, monitoring and early warning, and dispute mediation. Industry penalties will be imposed for self-disciplined behaviors.

Article 35 [Expert Database] The provincial copyright administration department shall establish a copyright expert database, standardize the operation and management of the expert database and the expert consultation working mechanism, organize experts to conduct research on major copyright-related issues, and provide consulting services for copyright management and copyright industry development.

Article 36 [Copyright Talents and Team Building] Provincial and prefecture-level municipal people's governments should strengthen the introduction and training of high-level talents in the copyright profession, improve the evaluation, incentives, services, and guarantee mechanisms for copyright talents, and create a system conducive to the development of copyright talents. good environment.

Provincial and municipal people's governments at or above the prefecture level should establish a copyright talent training system that integrates governments, colleges and universities, scientific research institutions, social organizations and enterprises, and strengthen the training of copyright management personnel and copyright practitioners.

Chapter 5 Legal Liability

Article 37 [Responsibility of Administrative Subjects] If the copyright administration department and relevant departments and their staff violate the provisions of these Regulations, abuse their power, neglect their duties, engage in malpractice for personal gain in copyright work, the directly responsible person in charge and other directly responsible personnel shall be held accountable. , be punished in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law.

Article 38 [Severe Penalties] After the administrative penalty decision or judicial judgment on copyright infringement takes effect, if a natural person, legal person or unincorporated organization infringes the copyright of the same work again with the same behavior, the copyright authorities shall impose severe penalties.

When investigating and handling copyright infringement cases, the copyright authorities require the parties to provide relevant evidence and materials. If the parties refuse to provide them without legitimate reasons, fail to provide them within the time limit, or forge, destroy, or conceal relevant evidence materials, the copyright authorities shall determine that infringement has occurred based on the facts ascertained. Afterwards, the infringer may be severely punished in accordance with the law.

Article 39 [Punishment for breach of trust] Natural persons, legal persons and unincorporated organizations who have any of the following circumstances shall not apply for government financial funds projects or participate in commendation and reward activities within three years, and their relevant information shall be included in the public credit information platform:

(1) Intentionally infringing copyright and seriously undermining the order of fair competition in the market;

(2) Those who have the ability to perform but refuse to execute effective copyright-related legal documents;

(3) Copyright infringement constitutes a crime;

(4) Any other serious breach of trust that violates copyright.

Chapter 6 Supplementary Provisions

Article 40 [Effectiveness Date] Click →  These Regulations shall come into effect on the year, month and day.

Source: Guangdong People’s Congress website

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