The term "audio-visual products" as mentioned in these Measures refers to audio tapes, video tapes, records, laser discs and laser discs with recorded contents. Article 3 The Press and Publication Administration shall be in charge of the administration of audio-visual reproduction throughout the country, be responsible for examining and approving the establishment of audio-visual reproduction units, formulate regulations on the administration of audio-visual reproduction and supervise their implementation. The administrative departments of audio-visual products of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the reproduction management of audio-visual products within their respective administrative areas. Article 4 Audio-visual reproduction units are strictly forbidden to undertake the reproduction of audio-visual products containing the following contents:
Endangering national unity, sovereignty and territorial integrity;
(2) Inciting national division and undermining national unity;
(3) divulging state secrets;
(4) Advocating obscenity, superstition or violence;
(5) Defaming or insulting others;
(6) Other contents whose publication and dissemination are prohibited by the state. Chapter II Establishment of Audio-visual Reproduction Units Article 5 The establishment of an audio-visual reproduction unit shall meet the following conditions:
(a) in line with the development plan of audio-visual undertakings;
(2) Having a clear business scope;
(3) Having an organization that meets the needs of its business scope;
(4) Having the necessary funds, equipment and reproduction places. Article 6 An application for the establishment of an audio-visual reproduction unit shall be submitted by the competent department of the applicant to the audio-visual administrative department of the local people's government of a province, autonomous region or municipality directly under the Central Government for examination and approval, and then to the Press and Publication Administration for examination and approval. The press and publication administration shall make a decision within 90 days from the date of receiving the application.
The application shall include the following contents:
(a) the name, address and economic nature of the audio-visual reproduction unit;
(two) the name, address and economic nature of the competent department and the organizer of the audio-visual reproduction unit;
(three) the name, address and qualification certificate of the principal responsible person or legal representative of the audio-visual reproduction unit;
(four) the source and amount of funds of the audio-visual reproduction unit. Article 7 After the application for establishing an audio-visual reproduction unit is approved by the Press and Publication Administration and the Audio-visual Reproduction License is obtained, the applicant shall register with the local administrative department for industry and commerce with the Audio-visual Reproduction License within 60 days.
The administrative department for industry and commerce shall issue a business license according to the License for Reproduction of Audio-visual Products issued by the Press and Publication Administration and the relevant provisions of the industrial and commercial administration. Article 8 Where an audio-visual reproduction unit is established through joint venture or cooperation with Hongkong, Macao, Taiwan Province or foreign organizations and individuals, the Chinese side of the joint venture or cooperation must be an approved audio-visual publishing and reproduction unit, and the Chinese side of the joint venture or cooperation shall apply for approval in accordance with the procedures specified in Article 6. The application shall contain the following items:
(1) Letter of Intent for cooperation between the two parties, including bidding purpose, business scope, product flow direction, benefit distribution, joint venture cooperation period, etc. ;
(2) Registration certificates that both parties to the joint venture and the cooperation have legal person qualifications;
(3) the credit standing of both parties to the joint venture and cooperation;
(four) the feasibility study report of the joint venture project.
It is forbidden to establish wholly foreign-owned audio-visual reproduction units. Article 9 Where an audio-visual reproduction unit changes its name, affiliation and business scope, it shall go through the formalities of examination, approval and registration again in accordance with the provisions of Articles 6 and 7 of these Measures. The replacement or increase of audio-visual tape production lines by audio-visual reproduction units shall be approved by the provincial administrative department of audio-visual products and reported to the press and publication administration for the record; Replacement or increase of laser video disc and laser video disc reproduction production line (including master recording line) shall be reported to the press and publication administration for approval by the provincial administrative department of audio-visual products.
Where an audio-visual reproduction unit changes its address, principal responsible person or legal representative, it shall go through the registration formalities with the original issuing authority.
Where an audio-visual reproduction unit terminates its reproduction business activities, it shall go through the cancellation registration formalities with the original issuing authority within 30 days from the date of stopping its business activities. Chapter III Reproduction of Audio-visual Products Article 10 An audio-visual reproduction unit shall have a power of attorney from the audio-visual publishing unit to reproduce audio-visual products. When accepting the entrustment, the audio-visual reproduction unit shall require the entrusting unit to submit the following documents:
(1) Copies of the Audio-visual Products Publishing License and Business License of the entrusting unit, and the original power of attorney signed and sealed by the legal representative or principal responsible person of the entrusting unit (the copy is invalid);
(2) License for issuing audio-visual products;
(3) Power of attorney of the copyright owner;
(4) the resident identity card of the undertaker.
Eleventh to undertake the internal use of non-operating audio-visual products produced by organs, enterprises and institutions, the entrusting unit must issue a power of attorney for copying audio-visual products issued by the administrative department of audio-visual products at or above the provincial level before copying. Twelfth audio-visual reproduction units shall not publish, copy or wholesale audio-visual products. Article 13 An audio-visual reproduction unit must deliver all the audio-visual products entrusted for processing to the entrusting unit, and may not add or sell them privately, or transfer, sell or copy the master tapes and templates provided by the entrusting unit to any unit or individual in any way.