Notice of the Shanghai Copyright Administration on Revising and Issuing the Measures of Shanghai Municipality for Copyright Contract Recordation

· Document Number：No. 1 [2017] of the Shanghai?Copyright Administration

· Area of Law： Copyright

· Level of Authority： Local Regulatory Documents

· Date issued：09-13-2017

· Effective Date：11-01-2017

· Status： Effective

· Issuing Authority： Other Institutions of Shanghai Municipality

Notice of the ShanghaiCopyright Administration on Revising and Issuing the Measures of Shanghai Municipality for Copyright Contract Recordation
(No. 1 [2017] of the ShanghaiCopyright Administration)
All relevant entities:
The Measures of Shanghai Municipality for Copyright Contract Recordation, as adopted at the 16th Party Group Meeting of the ShanghaiCopyright Administration on August 30, 2017, are hereby issued and shall come into force on November 1, 2017. Please comply with and implement the Measures.
Annex: Measures of Shanghai Municipality for Copyright Contract Recordation
ShanghaiCopyright Administration
September 13, 2017
Measures of Shanghai Municipality for Copyright Contract Recordation
Article 1 These Measures are developed for purposes of implementing the provisions of Article 25 of the Regulation on the Implementation of the Copyright Law of the People's Republic of China, and regulating the recordation of copyright exclusive licensing contracts and transfer contracts (hereinafter referred to as “copyright contracts”) of Shanghai Municipality.
Article 2 These Measures shall apply to the application for and handling of the recordation of copyright contracts in Shanghai Municipality and the administration thereof.
Article 3 The ShanghaiCopyright Administration shall take charge of the recordation of the copyright contracts in Shanghai Municipality.
The ShanghaiCopyright Administration may designate agencies to handle the specific affairs on copyright contract recordation.
Article 4 The citizens, legal persons or other organizations in Shanghai Municipality which have concluded copyright contracts with copyright holders may apply for the recordation of copyright contracts.
Article 5 An application for the recordation of a copyright contract shall be filed during the validity period of the copyright contract, and the following materials shall be submitted:
(1)The identity certificate of a natural person or the certificate on the legal status ofa legal person or any other organization.
(2) The written application for the recordation of the copyright contract.
(3) The original of the copyright contract. If the original of the copyright contract is in a foreign language, a Chinese version or the Chinese translation of the main clauses of the contract shall also be submitted.
Where any other party is authorized to apply for the recordation thereof, the authorized agent shall also submit the power of attorney, and the originals of the identification cards of the principal and the authorized agent or other valid certificates.
Article 6 Where the materials submitted by an applicant comply with the provisions of Article 5 of these Measures, the ShanghaiCopyright Administration shall conduct recordation within 30 working days of receipt ofthe materials, issue the certificate on the recordation of the copyright contract, and return the original of the copyright contract.
Article 7 A copyright contract that has been subject to recordation shall be published on the website of the ShanghaiCopyright Administration.
The published contents shall include the following:
(1) Recordation number.
(2) Recordation date.
(3) The date when the contract is signed.
(4) The parties to the contract.
(5) The name of the works (product).
(6) Remarks.
The contents of remarks as mentioned in the aforesaid item (6) shall include the nature of the contract, the scope of rights, the territorial scope, and the period of the contract, among others.
Article 8 In case of any change of a copyright contact that has been subject to recordation, the recordation applicant may apply for recordation modification.
An applicant for recordation modification shall submit the following materials:
(1) The identity certificate of a natural person or the certificate on the legal status of a legal person or any other organization.
(2) The written application for recordation modification.
(3) The original of the modified contract. If the original of the contract is in a foreign language, a Chinese version or the Chinese translation of the main clauses of the contract shall also be submitted.
(4) The original recordation certificate.
Article 9 The modification of recordation shall be handled in accordance with the provisions of Articles 6 and 7 of these Measures.
Article 10 Under any of the following circumstances, the ShanghaiCopyright Administration shall cancel the recordation of a copyright contract:
(1) A recordation applicant applies for the cancellation of the recordation.
(2) Any interested party applies for the cancellation of the recordation upon the strength of the effective judgment rendered by the people's court or the effective arbitral award issued by an arbitration institution.
Article 11 Where the recordation of a copyright contract is cancelled, it shall be published on the website of the Shanghai Copyright Administration.
Article 12 The published contents as prescribed in Articles 7, 9 and 11 of these Measures are available for consultation.
Article 13 The recordation of copyright non-exclusive licensing contracts shall be governed by reference to these Measures.
Article 14 For the purpose of Article 4 of these Measures, “residents in Shanghai Municipality” means the natural persons who have permanent registered residence in Shanghai Municipality or have continuously resided in Shanghai Municipality for one year or longer.
Article 15 These Measures shall come into force on November 1, 2017, and be valid for five years.