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How Much Does A Copyright Holder Get When His Content is Broadcast in China?
媒体来源: 中国法律博客

IP Dragon's friend Rogier Creemer, of Maastricht University, who is doing field research for his his PhD thesis about copyright, piracy and media control, points us to the provisional radio and tv broadcasting recording remuneration payment rules that will be effective January 1, 2010. Thank you Rogier.
Provisional Radio and Television Station Broadcasting Audio Recording Remuneration Payment Rules
State Council of the People's Republic of China Decree
No. 566
The "Provisional Radio and Television Station Broadcasting Audio Recording Remuneration Payment Rules" were passed on 6 May 2009 at the 62nd State Council permanent committee meeting, and will take effect on 1 January 2010.
Premier: Wen Jiabao
10 November 2009
Provisional Radio and Television Station Broadcasting Audio Recording Remuneration Payment Rules
Article 1: In order to guarantee that copyright holders can exercise their broadcasting rights according to the law, convenience radio and television stations to broadcast audio recordings, according to the provisions of Article 43 of the "Copyright Law of the People's Republic of China" (hereafter simply named Copyright Law", these Rules are formulated.
Article 2: Radio and television stations may according to relevant matters such as the method and number, etc. of broadcasting already published music works, pay remuneration to the copyright holder and conduct agreements with collective copyright management organizations managing the corresponding rights.
Radio and television stations broadcasting already published audio recordings, and already having concluded a contract permitting use with the copyright holder, pay remunerations according to the methods and standards agreed in the contract.
Radio and television stations that, according to the provisions of Article 43 of the Copyright Law, broadcast already published audio recordings (hereafter named broadcast of audio recordings) without authorization from the copyright holder, pay remuneration to the copyright holder according to these Rules.
Article 3: Broadcast as named in these Rules, refers to radio and television stations engaging in first broadcast, re-broadcast and relay broadcast with wireless or cable means.
Article 4: Radio and television stations broadcasting audio recordings, may agree with the collective copyright management organization managing the corresponding rights upon an annual fixed amount of remuneration to the copyright holder; where an agreement on a fixed amount is not concluded or where an agreement cannot be concluded, radio and television stations and the collective copyright management organizations managing the corresponding rights may use one of the following methods as a basis, and discuss remuneration payment to the copyright holder:
(1) Calculating remuneration payment value on the basis of the remaining sum of the annual advertising revenue of that station or the channels of that stations, after deduction of 15% expenses, multiplied with the remuneration standards provided in Article 5 or Article 6 of these Rules;
(2) Calculating remuneration payment value on the basis of the total time of annual broadcast of audio recordings by that station, multiplied with the remuneration payment standards provided in Article 7 of these Rules.
Article 5: Where the method provided in Article 4, Item (1) of these Rules determines the amount of remuneration payment to copyright holders, within 5 years of these Rules taking effect, the remuneration payment amount will be discussed according to the following remuneration standards:
(1) where the time proportion of broadcast of audio recordings occupies less than 1% of the total broadcast time of that station or that channel (hereafter named broadcast time proportion), the remuneration standard is 0,01%;
(2) where the broadcast time proportion is more than 1% and less than 3%, the remuneration standard is 0,02%;
(3) where the broadcast time proportion is more than 3% and less than 6%, the corresponding remuneration standard is 0,09% to 0,15%, for every 1% added to the broadcast time proportion, a extra 0,03% is added to the remuneration standard;
(4) where the broadcast time proportion is more than 6% and less than 10%, the corresponding remuneration standard is 0,24% to 0,4%, for every 1% added to the broadcast time proportion, a extra 0,04% is added to the remuneration standard;
(5) where the broadcast time proportion is more than 10% and less than 30%, the remuneration standard is 0,5%;
(6) where the broadcast time proportion is more than 30% and less than 50%, the remuneration standard is 0,6%;
(7) where the broadcast time proportion is more than 50% and less than 80%, the remuneration standard is 0,7%;
(8) where the broadcast time proportion is more than 80%, the remuneration standard is 0,8%.
Article 6: Where the method provided in Article 4, Item (1) of these Rules determines the amount of remuneration payment to copyright holders, after 5 years of these Rules taking effect, the remuneration payment amount will be discussed according to the following remuneration standards:
(1) where the time proportion of broadcast of audio recordings occupies less than 1% of the total broadcast time of that station or that channel (hereafter named broadcast time proportion), the remuneration standard is 0,02%;
(2) where the broadcast time proportion is more than 1% and less than 3%, the remuneration standard is 0,03%;
(3) where the broadcast time proportion is more than 3% and less than 6%, the corresponding remuneration standard is 0,12% to 0,2%, for every 1% added to the broadcast time proportion, a extra 0,04% is added to the remuneration standard;
(4) where the broadcast time proportion is more than 6% and less than 10%, the corresponding remuneration standard is 0,3% to 0,5%, for every 1% added to the broadcast time proportion, a extra 0,05% is added to the remuneration standard;
(5) where the broadcast time proportion is more than 10% and less than 30%, the remuneration standard is 0,6%;
(6) where the broadcast time proportion is more than 30% and less than 50%, the remuneration standard is 0,7%;
(7) where the broadcast time proportion is more than 50% and less than 80%, the remuneration standard is 0,8%;
(8) where the broadcast time proportion is more than 80%, the remuneration standard is 0,9%.
Article 6: Where the method provided in Article 4, Item (2) of these Rules determines the amount of remuneration payment to copyright holders, the remuneration payment amount will be discussed according to the following remuneration standards:
(1) The radio stations' unit time remuneration standard is 0,30 Yuan per minute;
(2) The television stations' unit time remuneration standard is 1,50 Yuan per minute within 5 years of these Rules taking effect, and 2 Yuan per minute after 5 years of these Rules taking effect.
Article 8: Radio and televisions stations broadcasting audio recordings, that cannot conclude on a fixed remuneration payment amount with the collective copyright management organizations managing the corresponding rights, and that cannot discuss the determination of remuneration payment, shall according to the method provided in Article 4, Item (1) of these Rules and the standards provided in Article 5 and Article 6, determine the amount of remuneration payment to the collective copyright management organizations managing the corresponding rights.
Article 9: Of radio and television stations relaying other radio and television stations' broadcast of audio recordings, the time of broadcasting of audio recordings shall be calculated as 10% of the actual broadcast time.
Article 10: The amount of remuneration payment to copyright holders according to the provisions of these Rules of central regions' radio and television stations, within 5 years of these Rules taking effect, will be calculated at 50% of the amount calculated according to the provisions of these rules.
The amount of remuneration payment to copyright holders according to the provisions of these Rules of western regions' radio and television stations and national specialised channels broadcasting to children, ethnic minorities, rural regions, etc, within 5 years of these Rules taking effect, will be calculated at 10% of the amount calculated according to the provisions of these rules, and after 5 years of these Rules taking effect, will be calculated at 50% of the amount calculated according to the provisions of these rules.
Article 11: County-level and higher People's Government financial entities make remuneration payment to copyright holders for broadcasting audio recordings by radio and television stations established by that level's People's Government a factor in appraising its revenues and expenditures, and on the basis of consideration of the general financial situation of that locality, conduct overall planning.
Article 12: Radio and television stations remuneration payment accounting to copyright holders, shall be conducted on an annual basis.
Radio and television stations shall hand over the due remuneration payment of the previous year to the collective copyright management organisation for transfer to the copyright holder in the first quarter of every year.
Radio and television stations, when paying remuneration to a copyright holder through a collective copyright management organisation, shall furnish details such as the name of the broadcasted work, personal or organization name of the copyright holder, the broadcast time, etc., except where both parties have agreed otherwise.
Article 13: Radio and television stations broadcasting audio recordings, not having paid remuneration to copyright holders other than members of the collective copyright management organisation managing the corresponding rights, shall according to the provisions of Article 12 of these Rules, hand over the due remuneration to the collective copyright management organisation managing the corresponding rights; the collective copyright management organisation managing the corresponding rights shall transfer the payment to the copyright holder.
Article 14: For collective copyright management organizations transferring payment to copyright holders, except where these Rules have provisions, the relevant provisions of the "Collective Copyright Management Regulations" apply.
Article 15: Radio and television stations, after handing over the due remuneration for copyright holders to collective copyright management organisations according to the provisions of these Rules, do not assume responsibility for disputes between the collective copyright management organisation and copyright holders.

 

Article 16: Where disputes arise between radio and television stations an copyright holders or collective copyright management organisations because of remuneration payment according to the provisions of these Rules, they may file a case with the People's Courts, or on the basis of a written arbitration agreement reached by both parties apply for arbitration with the arbitration organs.
Article 17: These Rules take effect on 1 January 2010.