China Copyright Service
Hotline: 86-755-82143422 Email: anitayao@citilinkia.com
In the case of a dispute between the operator of a licensing scheme that is in operation and a person requiring a licence or an organization representing such persons, the person or organization may refer the scheme to the Copyright Tribunal. In the case of a licensing scheme which is proposed to be operated by a licensing body, a reference of the terms of the scheme to the Copyright Tribunal can only be made by the organization claiming to represent the persons seeking the licences. A further reference of the scheme can be made to the Copyright Tribunal by the operator of the scheme, a person requiring a licence of that description or an organization representing such persons.
A person who has been denied a licence under a licensing scheme or who considers the proposed terms for a licence to be unreasonable may apply to the Copyright Tribunal for the grant of a licence or the grant of a licence on such terms as may be determined by the Copyright Tribunal. The operator of the scheme or the original applicant may apply to the Copyright Tribunal for a review of an order so made for the grant of a licence.
In respect of licences granted by a licensing body other than under a licensing scheme, a prospective licensee may refer the terms of the proposed licence to the Copyright Tribunal. The licensee of a licence about to expire may apply to the Copyright Tribunal for the continuation of the licence. The licensing body or the beneficiary of an order in either of the above situations may apply for a review of the order.Persons seeking consent for making a copy of a fixation of a performance or for renting a sound recording in which a performance is fixed can, where the identity or whereabouts of the right owners cannot be ascertained after reasonable enquiry, apply to the Copyright Tribunal for the consent.
For matters relating to the award payable for use of copyright work of an employee beyond the reasonable contemplation of the terms of the employment, either the employer or the employee can apply to the Copyright Tribunal for a determination.As regards the other powers that the Copyright Tribunal in determining the amount of the equitable remuneration or compensation payable, the party by whom or to whom the payment is to be made can make an application to the Copyright Tribunal.
Contact Us
For further queries, please do not hesitate to contact ATAHK at anytime, anywhere by simply calling China hotline at 86-755-82143422, 86-755-82143512, or emailing to anitayao@citilinkia.com.