Articles of Association of China Photographic Copyright Association

(unanimously adopted at the first general meeting of China Photography Copyright Association on June 5438+065438+1October 2/kloc-0, 2008)

Chapter I General Provisions

Article 1 The name of this Association is "China Photography Copyright Association".

The English name is: China Image Copyright Association.

English abbreviation: ICSC.

Article 2 This Association is a national, non-profit social organization composed of China photography copyright owners and related obligees (hereinafter referred to as obligees) voluntarily, and exercising their rights in the form of collective management.

Article 3 Aims and tasks of this Association: to abide by the Constitution, laws, regulations and national policies of People's Republic of China (PRC), to abide by social ethics, to implement the Scientific Outlook on Development, to enforce the Copyright Law of People's Republic of China (PRC), to safeguard the legitimate rights and interests of owners of photographic works and their related rights, to promote the creation, dissemination and use of photographic works through collective management of copyright and related rights, and to promote the development and prosperity of photography.

Article 4 This Association accepts the professional guidance, supervision and management of the General Administration of Press and Publication and the Ministry of Civil Affairs, the registration authority of associations.

Article 5 The domicile of this Association is located in Beijing.

Chapter II Scope of Business

Article 6 According to the Copyright Law of People's Republic of China (PRC) and the Regulations on the Collective Administration of Copyright, the following work shall be carried out:

(a) to manage the copyright of photographic works of members of the Association and safeguard their copyright and related legitimate rights and interests;

(two) sign a license contract with the user, and collect the use fee for using the photographic works of the members managed by the association;

(3) Allocating royalties for using the photographic works of members managed by the Association to the obligee;

(four) according to the provisions of Article 47 of the Regulations on the Collective Administration of Copyright, collect and distribute the royalties of non-member photographic works;

(5) To apply to the copyright administrative department for administrative punishment and bring an arbitration or lawsuit against any act that infringes the copyright of photographic works managed by this Association;

(six) actively carry out investigation and research on the protection of photographic copyright and related issues, understand the trends of copyright protection at home and abroad, and make suggestions to the national legislature and the copyright administrative department;

(seven) publicity and promotion of copyright and related knowledge, improve the understanding and respect of members and society for copyright;

(eight) actively promote the protection of domestic photographic works abroad and the protection of overseas photographic works in China, and establish contacts with similar foreign institutions to carry out copyright protection cooperation;

(nine) to provide legal and other consulting services related to copyright to non-member rights holders who request it;

(ten) to carry out activities in line with the purpose of this association, such as the registration of copyright of photographic works.

Article 7 The right holder of a photographic work may choose one or more of his rights of publication, reputation, modification, protection of the integrity of the work, reproduction, distribution, lease, exhibition, performance, projection, broadcasting, information network communication, shooting, adaptation, translation, assembly and other rights to sign a collective copyright management contract with this Association.

Article 8 The scope of collective management of photographic works by this Association includes:

(a) the use of photographic works in newspapers, periodicals, books and electronic publications;

(2) Disseminating photographic works on the Internet;

(three) the use of photographic works in advertising;

(four) the use of photographic works for exhibition, display and slide show;

(five) the use of photographic works in product promotion and packaging;

(six) the use of photographic works in radio and television, movies, videos and any audio-visual media;

(7) Drawing, modifying or synthesizing photographic works (including parts thereof) into other works;

(8) Other uses of photographic works suitable for collective management.

Article 9 The Association may sign mutual representation agreements with overseas similar institutions, exchange information and carry out relevant business work as required.

Chapter III Members

Article 10 This Association implements the membership system. The association consists of individual members and unit members. Anyone who meets the following conditions (natural person, legal person or other organization) or legal heir, assignee or donee may apply to join the Association as a member:

(1) Supporting the articles of association;

(2) applying to join the Association;

(3) Owning the copyright of one or more photographic works, or obtaining relevant rights in the form of legal inheritance, transfer or gift.

Article 11 Members shall sign a written contract with this Association for photographic copyright.

Article 12 The membership procedure is as follows:

(1) Signing a contract for photographic copyright;

(2) Submit and fill in the membership registration form;

(3) Handling the registration procedures of copyrighted photographic works;

(4) The membership card shall be issued by an organization authorized by the Council or the Standing Council.

Article 13 Members shall enjoy the following rights:

(a) to participate in the distribution of royalties for photographic works managed by the Association;

(two) to participate in the general meeting of the association and enjoy the right to vote, to be elected and to vote;

(three) to consult and copy the relevant business documents of the Association;

(4) Incorporate the registered photographic works into the Association database for users to search;

(5) voluntary membership and free withdrawal.

Article 14 Members shall perform the following obligations:

(1) Abide by the articles of association of this Association and implement the resolutions of this Association;

(two) to safeguard the legitimate rights and interests of this association;

(3) Registration of copyrighted photographic works with the Association;

(four) to ensure that I legally own the complete copyright or related rights of registered photographic works;

(five) to pay the membership fee according to the regulations.

After signing a photography copyright contract with the association, members shall not authorize others to manage the same work or exercise the same rights within the time limit and scope stipulated in the contract.

Article 15 A member who withdraws from the meeting shall notify the meeting in writing. The management period of photographic works authorized by members to be managed by the association and signed a license contract will last until the license contract expires. During the validity of the contract, the obligee has the right to obtain the corresponding royalties and inquire about relevant business information. During this period, we will not sign another license contract for these works.

Sixteenth members who violate the purpose of the association and do not abide by the articles of association may be advised to withdraw from the association or be removed from it.

Chapter IV Creation and Dismissal of Organizational Structure and Person in Charge

Article 17 The authority of this Association includes the general meeting of members, the Council, the Standing Council and the presidium.

Article 18 The highest authority of this Association is the general meeting of members, and its functions and powers are:

(a) to formulate and amend the articles of association;

(two) to formulate and modify the collection standards of royalties;

(3) Formulating and amending the rules for the distribution of royalties;

(four) to formulate and revise the membership fee standards;

(5) Electing and dismissing directors;

(six) to consider and approve the work report and financial report of the Council;

(seven) to decide on the transfer scheme of royalties and the proportion of management fees drawn by copyright collective management organizations;

(8) Deciding to terminate the joint venture.

(9) Deciding on other major matters.

Article 19 The general meeting of members shall be held every four years, and more than half of the members shall attend the general meeting. The resolution of the shareholders' meeting shall come into effect after being voted by more than half of the shareholders present at the meeting. Due to special circumstances, it is necessary to advance or postpone the general election, which shall be decided by the board of directors, reported to the competent business unit for examination and approval, and approved by the association registration authority. But the extension period shall not exceed one year.

Article 20 Upon the proposal of 10% or more members or the board of directors, an interim general meeting may be convened.

Article 21 The board of directors shall announce the meeting time and deliberation items 60 days before the general meeting of members. Members should register 30 days before the meeting. When the number of members who sign up for the meeting is less than the minimum number stipulated in the articles of association, the Council shall announce the registration of the general meeting of members, and members may make supplementary registration 5 days before the meeting. If the minimum number of members stipulated in the articles of association is not reached after the announcement of membership registration and supplementary registration, the general meeting of members may be postponed, but the extension time shall not exceed two months.

Article 22 The general meeting of members elects the Council, which is the executive body of the general meeting of members and leads the association to carry out its daily work when the general meeting is not in session. The Council shall meet at least once a year. In case of special circumstances, it can be held by communication. The Council is responsible to the general meeting of members.

Article 23 The functions and powers of the Council are:

(a) Implementing the resolutions of the General Assembly;

(two) to elect and recall the chairman, vice chairman, chairman and executive director;

(3) Preparing for convening a general meeting of members;

(four) to report the work and financial situation to the general assembly;

(five) to decide on the annual work plan of the Association;

(six) to formulate internal management system;

(seven) to decide on the establishment and cancellation of offices, branches and entities;

(eight) to decide on the appointment of the Deputy Director-General and the heads of various institutions;

(9) Deciding to sign a mutual representation agreement with similar overseas institutions;

(ten) to determine the proportion of management fees within the prescribed limits;

(eleven) the wages, insurance and welfare benefits of the full-time staff of this Association.

(12) adopt other important matters that need to be decided by the Council.

Article 24 The Association shall establish a standing council. The Standing Council shall be elected by the Council, and its number shall not exceed 1/3 of the number of the Council. The term of office is the same as that of the Council. The Standing Council shall exercise the functions and powers specified in the following paragraphs of this article, and exercise the functions and powers specified in paragraphs 1, 3, 5, 6, 7, 8, 9, 10 and 11 of Article 23 when the Council is not in session.

Article 25 The Standing Council shall be convened only when more than two thirds of the executive directors are present, and its resolutions shall take effect only after being voted by more than two thirds of the executive directors present at the meeting.

Twenty-sixth meetings of the Standing Council shall be held at least once every six months, and the meeting shall abide by the following rules:

(a) according to the resolution of the general meeting of members;

(two) the presidium proposed to convene;

(three) not less than two-thirds of the members of the Standing Council jointly proposed to convene;

(4) The Director-General may propose to the presidium to convene a standing council.

Article 27 The chairman, vice-chairman and chairman of this Association must meet the following requirements:

(a) adhere to the party's line, principles and policies, good political quality;

(2) It has great influence in the industry;

(3) Being in good health and able to stick to normal work;

(4) Having not been subjected to criminal punishment of deprivation of political rights;

(5) Having full capacity for civil conduct;

(6) The maximum length of service cannot exceed 70 years old;

(7) The Director-General is full-time.

Article 28 If the chairman, vice-chairman and director-general of this Association are over the maximum working age, they can take up their posts only after being approved by the board of directors, reported to the competent business unit for examination and approved by the association registration authority.

Article 29 The presidium consists of the chairman and the vice-chairman. The term of office of the chairman and vice-chairman is four years, and the term of office shall not exceed two. According to the needs of the work, you can set up an executive vice chairman.

Article 30 The presidium shall exercise the following functions and powers:

(1) Presiding over the convening of the Standing Council;

(two) to propose to the Standing Council to convene a general meeting of members and the Council;

(three) to check the implementation of the resolutions of the general assembly, the Council and the Standing Council;

(four) to inspect and supervise the work of the Director General and the working institutions.

Article 31 The term of office of the Director-General is four years, and the term of office may not exceed two terms. The Director-General is the legal representative of the Association. The legal representative shall sign relevant agreements and legal documents on behalf of the Association. The legal representative of this Association shall not concurrently serve as the legal representative of other organizations.

Article 32 The Director General shall exercise the following functions and powers:

(a) to preside over the daily work of the association and be responsible for the implementation of the resolutions of the general meeting, the Council, the Standing Council and the presidium meeting;

(two) according to the articles of association to propose to the presidium to convene a general meeting of members, the Council and the Standing Council;

(3) Nominating the Deputy Director-General and the principal responsible persons of various institutions, and submitting them to the Council for decision with the consent of the presidium;

(four) to decide on the employment of full-time staff of the Association;

(5) Handle other daily affairs.

Article 33 The Council may, according to the needs of work, set up professional committees to perform special duties and deal with professional and technical problems, and its management measures shall be formulated separately.

Chapter V Registration of Works

Thirty-fourth for the registration of photographic works, the registration form of photographic works formulated by this association shall be filled in, and the original film or original data and documents of the works shall be produced. The registration form contains the following items:

(1) The name of the work, with a brief explanation if necessary;

(two) the date of completion and first publication of the work, and the name of the publishing media;

(3) The name, mailing address, postal code, e-mail address and telephone number of the obligee.

(4) It is suggested to attach the electronic data file of the finished work, which can be scanned by the working body of the Association if necessary, and the production fee can be charged as appropriate.

Article 35 The Association shall complete the work registration formalities within 30 working days after accepting the registration form, and notify the obligee.

Article 36 The registration of the same work shall be handled in accordance with the following principles:

(1) Registering a work by the judgment of a court or the documents of a court or an arbitration institution;

(2) registering a work according to a written agreement reached between registrants.

Article 37 When performing the registration procedures of their works, members must ensure that the copyright and related rights of others are not infringed. Once verified, those who use other people's works for registration may be removed from the list after voting by the Council or the Standing Council.

Chapter VI Principles of Asset Management and Use

Thirty-eighth sources of funds of the Association:

(1) membership fees;

(2) management fees;

(3) donation;

(4) government funding;

(five) the income of the association to carry out activities or provide services according to law;

(6) Interest income;

(7) Other lawful income.

Article 39 The Association shall draw a certain percentage from the collected use fees as management fees. The basic principle of extracting management fees is to determine the extraction ratio according to the development needs of the association, and gradually reduce it with the increase of royalties, and adjust it appropriately and timely.

The proportion of management fees extracted from collective management activities shall generally not exceed 30% of the use fee, and the specific proportion can be determined through consultation with users or rights holders.

According to the provisions of Article 47 of the Regulations on the Collective Administration of Copyright, if the royalties of works are collected or transferred under legal permission, the maximum proportion of the extraction management fee shall not exceed 15% of the royalties. The State Council copyright administrative department has formulated a clear standard for the extraction of management fees, which shall be followed.

The extracted management fees are strictly used for the expenses needed for the normal operation of the association, as well as for improving the collective management service of copyright, promoting copyright protection and promoting cultural development and exchange. The use of management fees is announced in the annual report for the inquiry of rights holders and users.

Article 40 The funds of this Association shall be used exclusively and shall not be distributed among members. Any expenditure of this association and the increase of such expenditure should be conducive to improving the copyright protection of photographic works.

Article 41 An association shall establish a strict financial management system to ensure the truthfulness, completeness and legality of accounting information.

Article 42 An association shall be equipped with accountants with professional qualifications. Accounting personnel shall not concurrently serve as cashiers. Accountants must conduct accounting and exercise accounting supervision. When an accountant transfers his job or leaves his post, he must go through the handover procedures with the recipient.

Article 43 The asset management of this Association must implement the financial management system stipulated by the state and accept the supervision of the general meeting of members, the competent business unit and the financial department.

Article 44 Before changing or replacing its legal representative, the association shall accept the financial audit organized by the registration administration organ and the competent business unit of the association.

Article 45 No unit or individual may occupy, privately divide or misappropriate the assets of this Association.

Chapter VII Procedures for Amending the Articles of Association

Article 46 The amendment to the articles of association of this Association shall be proposed by the Standing Council, voted by the Council, and submitted to the General Assembly for deliberation and approval.

Article 47 Any amendment to the articles of association of this Association shall come into effect only after it is approved by more than two thirds of the general meeting of members, reviewed and agreed by the competent business unit, and reported to the registration authority of the Association for approval.

Chapter VIII Termination Procedure and Property Disposal after Termination

Article 48 If an association is dissolved by itself or needs to be cancelled due to division or merger, the Standing Council shall propose a termination motion.

Article 49 The motion to terminate this Association must be voted by the general meeting of members and submitted to the competent business unit for approval.

Article 50 Before the termination of this Association, a liquidation organization shall be established under the guidance of the competent business unit and relevant authorities to clean up the creditor's rights and debts and deal with the aftermath. During the liquidation period, no activities other than liquidation shall be carried out.

Article 51 An association shall be terminated after its registration is cancelled by the association registration authority.

Article 52 The surplus property after the termination of this Association shall be used for the development of undertakings related to the purposes of this Association under the supervision of the competent business unit and the registration administration organ of this Association in accordance with the relevant provisions of the state.

Chapter IX Supplementary Provisions

Article 53 The Articles of Association was passed by voting at the first general meeting of shareholders on June 5438+065438+1October 2 1.

Article 54 The right to interpret the Articles of Association belongs to the Council of the Association.

Article 55 The Articles of Association shall come into force as of the date of approval by the registration authority of associations.