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Operating Guidelines for Copyright, Trademark and Brand Licensing of Museum Collection Resources (Trial Implementation) (2019)

博物馆馆藏资源著作权、商标权和品牌授权操作指引(试行)

Type of laws Government policy

Issuing body National Cultural Heritage Administration

Promulgating date May 10, 2019

Effective date May 10, 2019

Validity status Valid

Scope of application Nationwide

Topic(s) Copyright Law Intellectual Property Trademark Law Cultural Property

Editor(s) Lin Haibin 林海斌

The Operating Guidelines for Copyright, Trademark and Brand Licensing of Museum Collection Resources entered into force on 10 May 2019.

The Guidelines are divided into five chapters: General Provisions, Licensing Content, Licensing Mode, Licensing Process, Rights and Obligations, namely the contract template in the annex.

The Guidelines aim to guide museums nation-wide to improve copyright, trademark and brand development of collection resources, so as to promote the gradual opening and sharing of cultural relics resources and information.

The key points are as follows:

  1. Museums nation-wide may refer to the Guidelines when licensing the copyright, trademark and brand of their collection resources for commercial purposes. The Guidelines are non-mandatory.

  2. Museums enjoy the copyright of the following works and may license them to others: digitized museum collections; introduction of museum buildings and collections.

  3. If the copyright of the modern calligraphy and painting works, photographic works and arts and crafts collected, managed and protected by the museum is still within the protection period, the museum shall obtain the consent and authorization of the copyright owner before making the relevant licensing.

  4. Museums should review and supervise the use and development process of the rights granted, and have the right to obtain profits therefrom.

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