(Promulgated by the National Copyright Administration of the People's Republic of China on September 9,1999 and effective as of March 1, 2000)
The following Provisions are enacted to implement the copyright law, facilitate the development and prosperity of the socialist cause with regard to culture and science, and to smooth the legal relationship among the copyright holders, digitization business entities, and the public.
Article 1. In the Provisions, the digitized product refers to the tangible medium that fixes the work entitled to copyright protection in the form of digital codes, including CDs, LDs, VCDs, DVDs, FDs, CD-ROMs, CD-Is, Photo-CDs, DVD-ROMs, IC Cards, and so forth.
Article 2. Regardless of the forms of expression and the methods of implementation, the transformation of an existing work into a digitized product is an act of reproduction as prescribed in Paragraph 1, Article 5 of the Regulation on the Implementation of the Copyright Law of the People's Republic of China, or, in other words, an act of reproduction under the Copyright Law of the People's Republic of China.
Article 3. Unless provided otherwise by the Copyright Law, the production of digitized products on the basis of another's work entitled to copyright protection shall not begin before seeking the permission of the copyright owner, through the permission of either the copyright owner or of the collective administrative organization.
Article 4. The collective administrative organization authorized by the government shall administer the usage of various works as well as of the digitized product. The Musical Copyright Association of China shall administer musical works entitled to copyright protection. Works entitled to copyright protection other than musical works shall be temporarily protected by the Center for Copyright Protection in China before the establishment of their own collective administrative organization. Remuneration for the copyright owner without a contract with the collective administrative organization for the owner's works shall be delivered to the copyright owner by the collective administration organization and the latter shall issue an announcement therein.
Article 5. The rates of payment set by the collective administrative organization shall not come into effect before the examination and approval by the National Copyright Administration.
Article 6. If the making, publication, and distribution of digitized products without authorization from the copyright owner for the used work occurred before the Provisions became effective, the operating entity shall thereafter sign a contract with the copyright owner or with the collective administration organization within 60 days immediately after the enforcement of the Provisions.
Article 7. In the case of the production of digitized products without authorization from the copyright owner or the collective administrative organization for the used work before the Provisions came into effect, or the making, publication, and distribution of digitized product without authorization from the copyright owner for the used work that occurred before the Provisions became effective, where a contract is not signed within a specified period or not signed at all, the administrative authorities may impose an administrative punishment according to Article 50, Paragraph 2 of Article 51, Article 52, and Article 53 of the Regulations on the Implementation of the Copyright Law of the People's Republic of China, in addition to civil liabilities.
Article 8. The Provisions shall apply to the production of digitized products based on a performance by a performer, sound and video recordings of the producers therein, broadcast and television programs of the broadcasting and television organizations, and the designs of the publishers.
Article 9. These Provisions shall come into effect on March 1, 2000.
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