The Interim Measures for the Payment of Remuneration for Broadcasting Sound Recordings by Radio and Television Stations were promulgated in 2009 and amended in 2011. The latest revision entered into force on 8 Jan. 2017. There are 48 articles in total, which aim to protect copyright owners’ broadcasting rights according to the law and facilitate the broadcasting of sound recordings by radio and television stations.
The key points are as follows:
According to the Copyright Law, a radio or television station may broadcast a published sound recording without the permission of the copyright owner, but shall pay remuneration to the copyright owner. The remuneration shall be subject to the Measures.
If a radio or television station broadcasts a sound recording, it may agree with the relevant copyright collective administration organization on the remuneration. If there is no agreement on the remuneration or the parties fail to reach an agreement, the amount of remuneration may be determined according to the calculation method stipulated in the Measures on the basis of the advertising revenue of the current year or the total broadcasting time of the sound recording.
The payment of remuneration by radio and television stations to copyright owners shall be made on an annual basis.