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National Copyright Administration

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Administrative department for copyright under The State Council

The National Copyright Administration is the administrative department for copyright under The State Council and is responsible for the administration of copyright throughout the country. ^[1]

In March 2013, the first plenary session of the 12th National People's Congress approved the "Plan for Institutional Reform and Functional Transformation of The State Council" and the "Plan for the Transformation of The State Council". Notice of The State Council on institutional establishment (Guofa [2013] No. 14), integrating the responsibilities of the General Administration of Press and Publication and the State Administration of Radio, Film and Television State Administration of Press, Publication, Radio, Film and Television , affixed the National Copyright Administration brand. ^[2]

In March 2018, the CPC Central Committee issued the" Plans to deepen reform of Party and state institutions , will State Administration of Press, Publication, Radio, Film and Television The administration of press and publication is assigned to the Central Propaganda Department. The Publicity Department of the CPC Central Committee affixed the brand of the National Press and Publication Administration (National Copyright Administration).

Chinese name: National Copyright Administration
Foreign name: National Copyright Administration of The People's Republic of China ^[3]

English abbreviation: NCAC
Official website: http://www.ncac.gov.cn/

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Historical evolution

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EDITOR

The National Copyright Administration of the People's Republic of China was established in 1985.

On June 28, 1985, the Ministry of Culture submitted to The State Council a proposal to establish a National Copyright Administration within the Ministry of Culture. On July 25, The State Council approved the proposal of the Ministry of Culture; At the same time, it was decided to rename the former publishing Bureau of the Ministry of Culture as the State Publishing Bureau. The National Publishing Administration and the National Copyright Administration are one organization and two brands. The Director of the National Copyright Administration shall concurrently be the Director of the National Publication Administration. The first director was Bian Chunguang.

In January 1987, The State Council decided to abolish the State Bureau of Publication under the Ministry of Culture, set up the Press and Publication Administration directly under The State Council, and retain the National Copyright Administration, which will continue to maintain the form of one agency and two brands. In December of the same year, Song Muwen, Deputy Director of the Press and Publication Administration, concurrently served as Director of the National Copyright Administration, and Liu Gao, Deputy Director of the Press and Publication Administration, concurrently served as Deputy Director of the National Copyright Administration. In May 1993, Yu Youxian became the Director of the Press and Publication Administration and the Director of the National Copyright Administration. In 1993, Shen Renqian became the full-time deputy director of the National Copyright Administration. In October 2000, Shi Zongyuan became the director of the Press and Publication Administration and also the director of the National Copyright Administration. Shen Renqian continues to serve as the full-time deputy director of the National Copyright Administration. In May 2004, Yan Xiaohong became deputy Director of the National Copyright Administration. In December 2005, Long Xinmin became the director of the General Administration of Press and Publication, and also the director of the National Copyright Administration. In April 2007, Liu Binjie became the director of the General Administration of Press and Publication, and also the director of the National Copyright Administration.

In 2001, the Press and Publication Administration (National Copyright Administration) was upgraded to a ministerial level unit, renamed the General Administration of Press and Publication (National Copyright Administration), and still has one agency and two brands.

In March 2013, the first plenary session of the 12th session of the National People's Congress approved the Plan for Institutional Reform and Functional Transformation of The State Council and the Notice of The State Council on Institutional Establishment (GUOFA [2013] No. 14), integrating the responsibilities of the General Administration of Press and Publication and the State Administration of Radio, Film and Television, establishing the State Administration of Press, Publication, Radio, Film and Television, and adding the brand of the National Copyright Administration.

In March 2018, the CPC Central Committee issued the Plan for Deepening the Reform of Party and State Institutions, which clearly pointed out that "in order to strengthen the centralized and unified leadership of the Party over the work of news and public opinion, strengthen the management of publishing activities, and develop and prosper the socialist publishing cause with Chinese characteristics, the press and publication management responsibilities of the State Administration of Press, Publication, Radio, Film and Television will be transferred to the Central Propaganda Department." The Publicity Department of the CPC Central Committee has affixed the name of the National Press and Publication Administration (National Copyright Administration)."

On April 16, 2018, the National Copyright Administration was officially inaugurated. ^[4]

Functional scope

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EDITOR

The main function of the National Copyright Administration is to implement the copyright laws and regulations of the People's Republic of China. To be entrusted by the National People's Congress and its Standing Committee to draft laws on copyright; At the same time, it is entrusted by The State Council of the People's Republic of China to draft administrative regulations related to copyright. According to Article 6 of the Measures for the Implementation of Administrative Penalties for Copyright, the National Copyright Administration can investigate and punish illegal acts that have a major impact across the country, as well as other illegal acts that it considers should be investigated and punished by it. Local copyright administrative departments shall be responsible for investigating and dealing with illegal acts that occur within their jurisdiction.

The National Copyright Administration is responsible for approving the establishment, supervising and guiding collective copyright administration bodies (such as the Music Copyright Society of China) and foreign-related agencies (such as the China Copyright Agency Corporation).

And be responsible for all foreign-related copyright activities. In addition, the National Copyright Administration is responsible for the administration of Copyrights held by the State and those held by or on behalf of the State under the Copyright Law. There is no administrative subordinate relationship between the National Copyright Administration and the local copyright administrative departments, but the National Copyright Administration has the responsibility to guide the local copyright administrative departments in business

And supervise the implementation of the copyright law by local copyright administrative departments.

The National Copyright Administration is the administrative department for copyright under The State Council. It is responsible for the administration of copyright throughout the country ^[1] :

(1) To draw up the outline of the national copyright strategy and policies and measures for the protection, management and use of copyright and organize their implementation; to undertake the administration and use of copyright works enjoyed by the State; and to administer the registration of copyright and the legally licensed use of such works;

(2) to undertake matters related to foreign-related copyright treaties, and to deal with foreign-related and Hong Kong, Macao and Taiwan copyright relations;

(3) To investigate and punish major and foreign-related violations of laws and regulations in the field of copyright;

(4) Organizing and promoting the work of software legalization.

The main responsibilities of the Copyright Management Division ^[1] :

(1) Participating in the drafting of copyright laws and regulations, drafting rules and policies on copyright management, protection and use and organizing their implementation;

(2) To draw up the national copyright plan and organize its implementation, and to undertake the work related to the implementation of the outline of the National intellectual Property Strategy;

(3) To supervise the implementation of copyright laws and regulations, deploy, organize and guide the copyright administration and law enforcement throughout the country;

(4) To investigate and punish major and foreign-related violations of laws and regulations in the field of copyright, to organize and coordinate special actions against copyright infringement and piracy, and to reward units and personnel who have made contributions to the fight against copyright infringement and piracy;

(5) Responsible for the supervision of Internet copyright, maintain the order of Internet copyright, organize the investigation and punishment of major and foreign-related Internet infringement and piracy cases;

(6) To organize and promote the work of national software legalization, undertake the related work of the Inter-ministerial Joint Conference Office on promoting the use of legitimate software, organize and coordinate the construction of long-term mechanisms for software legalization;

(7) Undertake work related to the construction of copyright public service system, supervise and manage work registration, pledge rights and copyright contract registration, filing and certification;

(8) Promote the development of copyright industry, supervise and manage copyright evaluation, transaction, agency and other matters, guide the management of state-owned copyright assets, and be responsible for carrying out national copyright demonstration work;

(9) To undertake copyright foreign-related affairs and international response work, be responsible for contacting international copyright organizations, and undertake the negotiation, signing and implementation of multilateral and bilateral copyright treaties and agreements;

(10) to undertake copyright affairs related to Hong Kong, Macao Special Administrative Regions and Taiwan;

(11) To supervise and administer the copyright certification of foreign (domestic) works, and to supervise and administer foreign (domestic) copyright certification authorities and representative offices of foreign and international copyright organizations in China;

(12) To undertake the examination and approval of the establishment of collective copyright management organizations, supervise and manage their activities in accordance with the law, and guide the work of copyright industry associations and social organizations;

(13) To supervise and administer the legally licensed use of works, and to be responsible for the use and administration of national copyrighted works;

(14) To organize and carry out national copyright publicity and education activities;

(15) To undertake other matters assigned by the leaders of the General Administration.

Organizational structure

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EDITOR

The substantive subordinate body of the National Copyright Administration is the Copyright Management Department, which consists of four departments (offices). ^[5] :