my country’s first copyright law was the “Qing Copyright Law” promulgated by the Qing government in 1910. The intellectual property legal protection system of New China was established after the 1980s. The Trademark Law of the People's Republic of China was promulgated in 1982, the Patent Law of the People's Republic of China was promulgated in 1984, and the Patent Law of the People's Republic of China was promulgated in 1984. The Copyright Law of the People's Republic of China (Computer Software Protection Regulations) was promulgated in 1990 and came into effect on June 1, 1991. At present, my country's current copyright laws, regulations and judicial interpretations include: "Copyright Law", "Copyright Law Implementation Regulations", "Computer Software Protection Regulations", "Information Network Communication Rights Protection Regulations", "Regulations on the Implementation of International Copyright Treaties", "Interpretations of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Civil Copyright Dispute Cases", "Interpretations of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Cases Involving Computer Network Copyright Disputes", etc.
Legal basis:
"Copyright Law of the People's Republic of China"
Article 6 The copyright protection measures for folk literary and artistic works shall be separately stipulated by the State Council .
Article 7 The national copyright administration department is responsible for copyright management nationwide; the local copyright administration departments at or above the county level are responsible for copyright management in their own administrative regions.
Article 8 Copyright and copyright-related rights holders may authorize copyright collective management organizations to exercise copyright or copyright-related rights. A copyright collective management organization established in accordance with the law is a non-profit legal person. After being authorized, it can assert rights on behalf of copyright owners and copyright-related rights holders in its own name, and can act as a party in litigation, arbitration, and arbitration involving copyright or copyright-related rights. Mediation activities.
Copyright collective management organizations charge royalties from users based on authorization. The standard for collecting royalties is determined through negotiation between the copyright collective management organization and user representatives. If the negotiation fails, you can apply to the national copyright authority for a ruling. If you are not satisfied with the ruling, you can file a lawsuit with the People's Court; the parties can also file a lawsuit directly with the People's Court. litigation. Copyright collective management organizations should regularly publish to the public the overall situation of the collection and transfer of royalties, the extraction and use of management fees, the unallocated portion of royalties, etc., and should establish a rights information inquiry system for the rights holders and users to inquire. . The national copyright authorities shall supervise and manage copyright collective management organizations in accordance with the law. The establishment methods, rights and obligations of copyright collective management organizations, collection and distribution of royalties, as well as their supervision and management shall be separately stipulated by the State Council.