| Interim Measures for the Payment of Remuneration for Phonograms Broadcast by Radio and TV Stations | | 广播电台电视台播放录音制品支付报酬暂行办法 |
| (Issued by the Order No. 566 of the State Council of the People's Republic of China on November 10, 2009, and revised in accordance with the Decision of the State Council on Abolishing and Amending Some Administrative Regulations by the Order No. 588 of the State Council on January 8, 2011) | | （2009年11月10日中华人民共和国国务院令第566号公布 根据2011年1月8日国务院令第588号《国务院关于废止和修改部分行政法规的决定》修订） |
| Article 1 To guarantee the exercise of playing right by copyright holders and facilitate the playing of audio products by radio and TV stations, these Measures are formulated in accordance with Article 44 of the Copyright Law of the People's Republic of China (hereinafter referred to as the Copyright Law). | | 第一条 为了保障著作权人依法行使广播权，方便广播电台、电视台播放录音制品，根据《中华人民共和国著作权法》（以下称著作权法）第四十四条的规定，制定本办法。 |
| Article 2 A radio or TV station may stipulate with the collective management organization of copyright, which is responsible for the management of the relevant rights, such relevant matters as the payment manner and amount of remuneration for the playing of the musical works of the copyright holders which are already published. | | 第二条 广播电台、电视台可以就播放已经发表的音乐作品向著作权人支付报酬的方式、数额等有关事项与管理相关权利的著作权集体管理组织进行约定。 |
| Where a radio station or TV station has already concluded a licensing contract with the copyright holders regarding the playing of the audio products already published, it shall pay the remuneration under the manner and rate as stipulated in the said contract. | | 广播电台、电视台播放已经出版的录音制品，已经与著作权人订立许可使用合同的，按照合同约定的方式和标准支付报酬。 |
| In accordance with Article 44 of the Copyright Law, a radio or TV station shall, under these Measures, pay remuneration to the copyright holders for playing the audio products already published without being licensed by them. | | 广播电台、电视台依照著作权法第四十四条的规定，未经著作权人的许可播放已经出版的录音制品（以下称播放录音制品）的，依照本办法向著作权人支付报酬。 |
| Article 3 The term “playing” as mentioned in these Measures refers to the initial playing, re-playing and relay by radio stations and TV stations with or without cable. | | 第三条 本办法所称播放，是指广播电台、电视台以无线或者有线的方式进行的首播、重播和转播。 |
| Article 4 To play audio products, a radio or TV station may stipulate with the collective management organization of copyright, which is responsible for the management of relevant rights, the payment of a fixed amount of remuneration to the copyright holders every year. The radio or TV station and the collective management organization, which is responsible for the management of relevant rights, may negotiate on paying remuneration to the copyright holders on the basis of either of the following ways if they have not stipulated or fail to stipulate a fixed amount: | | 第四条 广播电台、电视台播放录音制品，可以与管理相关权利的著作权集体管理组织约定每年向著作权人支付固定数额的报酬；没有就固定数额进行约定或者约定不成的，广播电台、电视台与管理相关权利的著作权集体管理组织可以以下列方式之一为基础，协商向著作权人支付报酬： |
| 1. to compute the amount of remuneration by multiplying the balance of the annual advertising income of the present station or each channel (frequency) of the present station minus 15% of the costs and expenses by the remuneration rate as prescribed in Article 5 or 6 of these Measures; or | | （一）以本台或者本台各频道（频率）本年度广告收入扣除15%成本费用后的余额，乘以本办法第五条或者第六条规定的付酬标准，计算支付报酬的数额； |
| 2. to compute the amount of remuneration by multiplying the current annual total time for which the audio products are played by the present station by the unit remuneration rate as prescribed in Article 7 of these Measures. | | （二）以本台本年度播放录音制品的时间总量，乘以本办法第七条规定的单位时间付酬标准，计算支付报酬的数额。 |
Article 5 Where a radio or TV station decides the amount of remuneration to be paid to copyright holders under Article 4 (1) of these Measures, it shall, within 5 years as of the date of implementation of these Measures, negotiate about the amount of remuneration according to the following rates for remuneration:
．．．．．． | | 第五条 以本办法第四条第（一）项规定方式确定向著作权人支付报酬的数额的，自本办法施行之日起5年内，按照下列付酬标准协商支付报酬的数额：
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