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Constitution
 

Constitution of The Music Copyright Society of China

Chapter one General Provisions

Article 1 In order to maintain the legal rights and interests of the Society, its members and musical users, and to normalize the Society's organization and actions, the Statute was established according the Copyright Law of China, the Regulation on Copyright Collective Administration and other related regulations.
Article 2 The name of the association is decided to be " Music Copyright Society of China" (abbreviated as MCSC and hereinafter referred to as "the Society").
Article 3 The Society is a non profit-making social organization with the status of a legal person in whose name the Chinese music copyright owners exercise their rights by way of collective administration.
Article 4 The object for which the Society was established is to observe the constitution,laws,regulations and policy of the state,to abide social moral habits, to protect the copyright of music,to maintain the legal rights and interests of the music copyright owners, to promote creation and exploitation of music and to help the prosperity of music in China.
Article 5 The Society is answerable to the music copyright owners,its activities is subject to the vocational guidance and supervision and management of the Press and Publication of China(National Copyright Administration of china) and the Ministry of Civil Affairs.
Article 6 The registered office of the Society is situated in Jing Fang Building,No.33 Dong Dan San Tiao, Beijing 100005.

Chapter Two Scope of Business

Article 7 The scopes of business of the Society are:
1.to provide registration of musical works and gather relevant information for the purpose of collective administration;
2.to enter into contracts with users for use of musical works controlled by the Society;
3.to issue licenses to users for use of musical works controlled by the Society;
4.to collect royalties from users for use of musical works controlled by the Society;
5.to distribute remuneration to the music copyright owners;
6.to negotiate with users of musical works on rates of royalties for the purpose of collective administration;
7.to apply for administrative punishment to the national copyright administration, to take legal action and arbitration against infringement of music copyright administered by the Society;
8.to ensure protection of Chinese musical works outside China and protection of foreign musical works in china,for the purpose of which reciprocal representation agreements shall be made with similar societies in other countries or territories;
9.to enter into cooperative relations with users of musical works,and to make suggestions in an active way to the national legislature and national copyright administration in order to help continued improvement of protection of music copyright;
10.to help music copyright owners better understand copyright protection and to be a source of consultation and legal service catering copyright owners;
11.to help music copyright owners better understand copyright protection and to be a source of consultation and legal service catering copyright owners;
12.to carry out other activities that are in line with the objects of the Society.
Article 8 The collective administration of music copyright conducted by the Society shall be applicable to the following areas: 1.to use musical works for public performance;
2.to use musical works for public transmission;
3.to use musical works for producing,reproducing and distributing sound and video recordings;
4.to use musical works for producing radio and television programmes;
5.to fix an adaptation of a work in a medium by cinematography or a process analogous to cinematography;
6.to provide musical works to the public through information network;
7.to provide musical works to the public through information network;
Article 9 Local offices may be established when the Society finds in necessary for its operation.

Chapter Three Membership

Article 10 Membership system is adopted by the Society .Any person, by being Chinese music copyright owner and signing the "music copyright contract" with the Society, including composers, lyric writers, music publishers and other beneficiaries, is eligible to be a member of the Society.
Article 11 Any Chinese music copyright owner, who applies to be a member of the Society, by meeting the following conditions, shall become a member of the Society.
1.to support the Statute of the Society;
2.to be willing to join the Society;
3.to have certain effect in music field.
Article 12 Any Chinese music copyright owner, who has at least one musical work published, can apply for the membership of the Society. The procedure for membership is as follows:
1.Private member
(1) to assign the Society to manage his or her musical work(s) by signing a " music copyright contract" with the Society ;
(2) to fill out a " membership & musical works registration form";
(3)to provide with related documents of the applicant;
2.Group member
besides fulfilling the procedure for private membership, any publisher applicant need to provide the Society with the copies of the publishing or assignment contracts signed with private music copyright owners for musical works.
3.Heir member
If the music copyright owner died and his or her musical works is not in the public domain, his or her heir can apply for membership of the Society. If the owner has more than one heir, only one representative can be recommended or notarized among them to become a member of the Society.
Article 13 A member shall have the following rights:
1.to have the right to vote, to be voted and to stand for election (except for heir members) ;
2.to take part in the activity of the Society;
3.to get service priority from the Society;
4.to make comment and suggestions for and supervise the administration of the Society;
5.to get the copyright royalty distribution from the Society;
6.to be free to join or resign from the Society;
7.to have access to the prize awarding and welfare programme provided by the Society.
Article 14 A member shall have the following obligations:
1.o abide by the Statute of the Society and to comply with decisions made by the governing body of the Society;
2.to safeguard the legal rights and interests of the Society;
3.to register with the Society all his or her existing works and future works;
4.to report the related situation and provide with the related documents to the Society.
Article 15 A member is free to resign the Society, and a written resign application should be submitted to the Society to withdraw his or her own copyright assigned to the Society before. The written notification of termination will go into effect in 1 year, and then the membership will be canceled by registration.
Article 16 A member who acted against the Statute badly will be dismissed by the Standing Board of Directors of the Society through voting.
Article 17 For the purpose of collective administration, the Society shall collect and distribute copyright fees for those who are not yet to be admitted to the membership of the Society.

Chapter Four Organization and leaders' election and dismission

Article 18 The supreme governing body of the Society is the Members' Conference ( hereinafter referred to as “ the Conference”, the responsibilities of the Conference are as follows:
1.to decide on promulgation or revision of the Statute of the Society;
2.to decide on promulgation or revision of the collection tariff of the Society;
3.to decide on promulgation or revision of the transfer tariff of the Society;
4.to elect and dismiss the directors of the Board of the Society;
5.to review report on the work of the Society and financial statement of the Society;
6.to establish the inside management rules of the Society;
7.to decide the scheme for transferring royalty fees, and the proportion of the Society's operation fees deducted from the royalty fees.
Article 19. The Conference should be held on condition that more than 2/3 members attend, and any decision made by the Conference, by being adopted by more than half votes of the attended members, will be enter into force.
Article 20. The Board of Directors is responsible for organizing the Conference. The Board of Directors should proclaim the date, site and the agenda 60 days before the Conference being held; the members should register for attending the Conference 30 days before; if the registered members are less then the minimum prescribed in the Statute, the Board of Directors should proclaim the registration situation, and members can still register 5 days before the Conference. All the registered members shall hold the Conference.
Article 21. The Conference should be held every year. To advance or defer the date of election for a new term for the special reasons should have been adopted through voting system by the Board, and report to be approved by the Press and Publication Administration of China (National Copyright Administration of China), and the Ministry of Civil Affairs. The postponement of the election for a new term should be no more than 1 year. A temporary Conference can be held by the suggestion of more than 10% of members or directors of the Board. The Conference can also be held by means of telecommunication in a special circumstance.
Article 22. As the executive body of the Conference, the Board of Directors is responsible to the Conference and development of the daily work of the Society during the period when the Conference is not in session.
The members of Board of Directors should not be less then 9 persons, the tenure of the Board of Directors is 4 years and the election for a new term will be held per 4 years
To advance or defer the date of election for a new term for the special reasons should have been adopted through voting system by the Conference, and the postponement of the election for a new term should be no more than 1 year.
The Board of Directors shall not convene until no less than 2/3 of the directors presented; its decision shall enter into force after being voted through by no less than 2/3 of the attended directors.
The Board of Directors shall meet at least once 1 year; it is also can be held by means of telecommunication in a special circumstance.
Article 23. The responsibility areas of the Board of Directors are:
1.to prepare and hold the Conference;
2.to report the work and financial statement of the Society to the Conference;
3.to carry out the decisions of the Conference;
4.to vote and dismiss the Chairman, Vice Chairman and General Director;
5.to vote and dismiss the Standing Directors of the Board;
6.to decide the appointments of the Deputy Director General and other main principals;
7.to decide the dismission of the members;
8.to approve the establishment of local offices;
9.to approve reciprocal representative agreements to be concluded with similar societies in other countries and territories;
10.to lead the development of the Society's work;
11.to establish the inside management system of the Society;
12.to decide on other important issues.
Article 24. During the period when the Board of Directors is not in session, the standing Board of Directors, whose work shall be presided over by the Chairman and Vice Chairmen, shall take its function to carry out the 1,3,6,7,8 and 11 clause of the Article 23. ( The members of the Standing Board should not be less than 1/3 of the members of the Board)
Article 25. The Standing Board of Directors shall not convene until more than 2/3 of the directors presented; its decision shall enter into force after being voted through by 2/3 of the attended directors.
Article 26. The Standing Board of Directors shall meet at least once a half year.
Article 27. The governing body of the Society shall consist of the following:
1.an unspecified number of Honorary Chairman;
2.one Chairman, two or three Vice Chairman;
3.the Board of Directors, composed of composers, lyric writers, music publishers, representatives from the state copyright administration and other related persons;
4.the Board of Directors, composed of composers, lyric writers, music publishers, representatives from the state copyright administration and other related persons;
5.One General Director, who shall sit on the Board of Directors and the Standing Board of Directors;A number of Deputy General Directors, who shall sit on the Board of Directors.
Article 28 The Chairman, Vice Chairman and General Director shall have the following qualifications:
1.to adhere to the direction and policy of the Chinese Communist Party;
2.to have great effect in the field of the Society's work;
3.the age for appointment shall not exceed 70 years old at the highest, the position for the General Director shall be full time;
4.to be healthy for work;
5.to have no penal punishment on politics;
6.to have full civil capacity.
Article 29. Holding the posts for the Chairman, Vice Chairman and General Manager who are more than 70 years old should be decided by the Board of Directors and report to be approved by the Press and Publication Administration of China (National Copyright Administration of China) and the Ministry of Civil Affairs.
Article 30. The tenure of the Chairman, Vice Chairman and General Manager shall be 4 years, and the longest tenure should be no more than 2 terms, that is 8 years. The reappointment for a new term for the special reasons should have been adopted through voting system by the Board, and report to be approved by the Press and Publication Administration of China (National Copyright Administration of China) and the Ministry of Civil Affairs.
Article 31. The Chairman is the legal representative of the Society. If the Vice Chairman or General Director shall hold the post of legal representative for the special reasons, an approval should be made by the Press and Publication Administration of China (National Copyright Administration of China) and the Ministry of Civil Affairs. Also this matter should be explained in the Statute.The Chairman should not be the legal representative of other society synchronously.
Article 32. The responsibility areas of the Chairman are:
1.to convene and preside the Board of Directors ( the Standing Board of Directors);
2.to supervise the fulfillment of the decisions made by the Conference, the Board of Directors ( the Standing Board of Directors);
3.to sign the related important documents on behalf of the Society.
Article 33. The General Director under the leadership of the Standing Board of Directors shall govern the daily work of the Society. The responsibility areas of the General Director are:
1.to develop the daily work of the Society and carry out the annual working plan;
2.to assistant the local offices to develop their work;
3.to make working plans with implementing program of the executive branches of the Society;
4.to decide on current matters of the executive branches of the Society;
5.to decide on organization and personnel of the executive branches of the Society;
6.to nominate Deputy General Directors.

Chapter Five Rule on Asset Management & Exploitation, fund and welfare

Article 34. A reasonable sum of deduction shall be made by the Society from the royalty collected from the users, which shall be used to cover the expenses incurred by royalty collecting and distribution, to improve service to music copyright owners and to establish the fund for development of music culture.
Article 35. Subject to the approval of the Board of Directors of the Society, the amount of the above – mentioned deduction shall be adjusted in an appropriate way as is required by the need of development of the Society.
Article 36. In addition to the income derived from the above-mentioned deduction, the source of revenue of the Society shall include:
1.interests generated by the money waiting for distribution deposited by the Society;
2.gains from the events organized by the Society;
3.donations from individuals and entities;
4.reserve fund of the Society.The fund of the Society shall be used solely for the purpose designed for the Society. Any expenses of the Society and increase in such expenses shall be made conducive to the improvement of protection of music copyright.
Article 37. The Society shall establish the fund of commonweal for members and the development of music culture.
The fund derive from:
1.Operation fees;
2.Fees collected by the Society for use of copyright, if failed to be distributed for reason other than the Society for 3 years, shall be transferred to the fund for development of music culture;
3.Others
Article 38. The purpose and use of the fund are:
1.to imburse members for their creating and life;
2.to be for prize and award;
3.to propagandize the protection of music copyright;
4.to improve the development of music culture;
5.Others.
Article 39. The detailed rule for fund and welfare management shall be made by the Board of Directors.
Article 40. The Society shall establish a strict financial management system, and ensure the legitimacy, truthfulness, accuracy and completeness of the accounting material.
Article 41. The account of the Society shall be subject to examination by the national copyright administration and treasury department of the State.
Article 42. The Society should be provided with specialized accountant. The accountant shall not be cashier currently. The accountant shall do the business accounting and carry out the fiscal supervision. The accountant shall clearly hand over all procedure with the person who takes over the business when he or she transfers to another post or resign the job.
Article 43.The asset management of the Society shall implement the financial management system that is regulated by the State, and shall be subject to the supervision by the Conference and treasury department. The capital originated from the State financial allocations or social donation and contribution shall be subject to the supervision by the auditing body, and shall be reported to the society of the related situation in an appropriate manner.
Article 44. The Society shall be subject to the financial audit by the Ministry of Civil Affairs and the Press and Publication administration of China (National Copyright Administration of China) before changing of a new term or a legal representative.
Article 45. No unit or individual can embezzle, privately divide or misappropriate (divert) any asset of the Society.
Article 46. The salary, insurance and welfare treatment of the full – time staff of the Society shall be carried out according to the related regulations promulgated by the state for the institution.

Chapter Six Registration of Works

Article 47. To register musical works with the Society, one shall be required to complete the registration form containing the following items:
1.the title, form and author's name of the work;
2.the date of creation or first publication;
3.the name and address of the copyright owner.
Article 48. To register musical works with the Society, one shall be required to deposit at the same time score or manuscripts of lyric of the musical works, in whole or in main parts.
Article 49. The Society shall complete the registration within 30 days and make this known to the copyright owner concerned.
Article 50. The Society shall not take the responsibility of verifying the authenticity of the musical works and, therefore, registration applied for works identical to others shall be rejected.

Chapter Seven The Procedure of the Amendment to the Statute

Article 51. The amendment to the Statute of the Society shall be reported to the Conference for consideration after decided by the Board of Directors and then shall be adopted by at least half present members' votes in favor at the Conference.
Article 52. The amendment to the Statute of the Society shall enter into force with examination and approval by the Press and Publication Administration of China (National Copyright Administration of China), and check and approval by the Ministry of Civil Affairs in 15 days after it was adopted by the Conference.

Chapter Eight The Procedure of Termination and the Disposal of the Property after Termination

Article 53. When the Society accomplishes its purpose or automatically disbands or has to be nullified because of split and merge, the Board of Directors or the Standing Board of Directors shall put forward a motion of termination.
Article 54. The motion of termination of the Society shall be approved by 2/3 majority votes in favor at the Conference, and be decided by the Board of Directors to report to the Press and Publication Administration of China (National Copyright Administration of China) for examination and approval.
Article 55. An organization on accounts settlement shall be established, under the guidance of the Press and Publication Administration of China (National Copyright Administration of China) and other related organs, to clear the credit and debt and to handle the issues afterwards, before the termination of the Society. No activities shall be carried out except accounts settlement during the period of clearing.
Article 56. The Society is terminated after finishing the formalities of nullifying the registration in the Ministry of Civil Affairs.
Article 57. The rest property after the termination of the Society shall be used for developing the Society purpose related causes according to the related regulations of the State, under the supervision of the Press and Publication Administration of China (National copyright Administration of China) and the Ministry of Civil Affairs.

Chapter Nine Supplementary Provisions

Article 58. There shall be on limit set of the number of members of the Society.
Article 59. This Statute is adopted by voting at the Conference on 18th December 2005.
Article 60. The Board of Directors of the Society shall have the right of explanation of the Statute.
Article 61. This Statute shall enter into force with the examination and approval of the Ministry of Civil Affairs.

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