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Measures for the Payment of Remuneration for Use of Written Works (2014)

使用文字作品支付报酬办法

Type of laws Departmental rule

Issuing body National Copyright Administration of China

Promulgating date Sep 23, 2014

Effective date Nov 01, 2014

Validity status Valid

Scope of application Nationwide

Topic(s) Copyright Law Intellectual Property

Editor(s) C. J. Observer

The Measures for the Payment of Remuneration for Use of Written Works were promulgated in 2014 and entered into force on 1 Nov. 2014.

There are 17 articles in total, which aim to clarify how should the user calculate the remuneration paid to the copyright owner in case of no agreement or ambiguous agreement on remuneration.

The key points are as follows:

1.For the use of written works by printed publications, the remuneration paid by users may be in the form of copyright royalties, basic contribution fee plus contribution fee based on the number of runs, or one-off remunerations.

2.The remuneration mentioned above shall be calculated according to the formula stipulated in the Measures.

3.If the user fails to sign a written contract with the copyright owner, or has signed a written contract but has not agreed on the payment method and standard of remuneration, the user shall calculate the remuneration according to the Measures and pay the copyright owner the remuneration whichever is the highest.

4.If a user uses a written work in a digital or network environment, the remuneration may be calculated according to the formula specified in the Measures.

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