Provisions on Obtaining Permission for Using Copyrighted Musical Works by Official Participants
Date:12/04/2010
(Issued on March 31st, 2010 by Bureau of Shanghai World Expo Coordination)
In accordance with the Berne Convention for the Protection of Literary and Artistic Works and Copyright Law of the People’s Republic of China, official participants shall obtain the permission from and pay royalties to the copyright owner or copyright collective management organization before using musical works protected by law during the Shanghai Expo. Music Copyright Society of China (hereinafter “MCSC”) is the sole collective management organization of the copyright of musical works in Chinese mainland and a member of the International Confederation of Societies of Authors and Composers. To facilitate the application of official participants for legally using musical works, MCSC set the Participants Intellectual Property Service Center in the Participants Service Hall (hereinafter “the Service Center”) to accept applications from official participants to get permission for using copyrighted musical works and collect royalty, which will be transferred to the copyright owner within China or the copyright collective management organization in other countries/regions.
Official participants shall obtain permission for using the copyrighted musical works (hereinafter “the permission”) pursuant to the following requirements:
1. Objects
Official participants shall go through procedures pursuant to the provisions before using others’ musical works protected by law for free performance within the Expo Site during the Shanghai Expo.
The performance refers to live performance by artists and performance through the playing of recorded music.
The performance shall be staged within the Expo Site, including but not limited to sections, indoor and outdoor event venues outside sections, and commercial areas.
2. Form, contents and validity of the permission
The permission will be issued by MCSC in the form of Musical Works License (hereinafter “the License”).
The License shall indicate the user of the musical works, time and location of the use, and the authorization for use, etc.
The License is the sole certificate for official participants to legally use the musical works. MCSC shall assume all legal liabilities for the contents and validity of the License upon the issuance.
3. Application procedure
3.1 Obtain required documents
Official participants can download the Application Form for Using Musical Works (hereinafter “the Application Form”, see Annex II) and the List of Musical Works to be Used (see Annex III) from the official website of Expo 2010 (www.expo2010.cn) or the Participants Service Website, or obtain them from the Participants Service Hall.
3.2 Fill out the documents
The Application Form shall be clearly and correctly completed in Chinese or English and bear the signature or stamp of the Commissioner General of Section or his/her authorized representative. The List of Musical Works to be Used shall contain the title of the musical works, names of the lyricist and composer, etc. It shall be filled out in Chinese for Chinese musical works, and in English for musical works of other countries.
3.3 Submit required documents and pay royalties
Official participants shall submit the documents (in .doc format) through the official website of Expo 2010(www.expo2010.cn) or the Participants Service Website at least ten days prior to the first day of the performance of the musical works at Expo 2010, and then submit completed printed documents to the Service Center.
After receiving the documents, staff of the Service Center will check the royalties according to the attached Fees for Music Licensing and notify the official participants.
Within three days upon receiving the notification, official participants shall pay the royalties and obtain the payment voucher at the Service Center, or transfer the royalties to the following account:
Depositary bank: Beijing Dongsinan Sub-branch of Industrial and Commercial Bank of China
Account name: Music Copyright Society of China
Account No.: 0200001009014427289
3.4 Obtain the License
MCSC will issue the License within five working days after receiving required documents and the royalties. The official participant or its representative shall obtain the License at the Service Center by presenting the payment voucher or remittance certificate.
4. Special procedure
4.1 Statement by official participants
In case that the official participant makes a written statement to the Organizer at least ten working days prior to the opening of Expo 2010 indicating that it will only use its or the Organizer’s copyrighted musical works, it needs neither handle the procedure nor pay the royalties. However, it shall file its copyrighted musical works with the Service Center and fill out the List of Musical Works to be Used.
The Organizer will present the filing documents to MCSC for review. In case of any incorrect information, the official participant shall apply for the License.
4.2 Procedure for deferred payment
The official participant that could not pay the royalties within the abovementioned time limit may notify the Service Center in written form and apply for a deferred payment. The royalties must be paid no later than three months after the opening of the Expo.
5. Fees for music licensing
The standards are offered by MCSC. Please refer to Fees for Music Licensing (see Annex IV).
6. On-site verification
MCSC is entitled to carry out an on-site verification on the use of musical works (including list of musical works and venues) during the performance. The official participant shall provide convenience in terms of easy access, photographing and availability of necessary documents.
The official participant shall apply for the License in case of any unauthorized use of musical works and update its application should any incorrect information be submitted. The official participant that refuses to apply for the License or update its information shall assume corresponding legal liabilities.
7. Legal liabilities
The Organizer only offers convenience to official participants to apply for the permission for using copyrighted musical works and to MCSC to issue the License. Official participants shall shoulder the legal liabilities arising from unauthorized use of musical works without the permission of MCSC or the copyright owner and compensate for corresponding losses of the Organizer.
Annexes:
II. Application Form for Using Musical Works
