Article 2 This Law shall apply to activities such as film creation, production, distribution and projection in People's Republic of China (PRC) (hereinafter referred to as film activities).
The term "film" as mentioned in this Law refers to works with or without sound, which are produced by audio-visual technology and artistic means, recorded on film or digital carriers, and consist of continuous pictures expressing certain contents, and meet the technical standards for public cinema projection or mobile projection.
Laws and administrative regulations shall apply to the activities of spreading movies by using information networks such as the Internet, telecommunication networks and radio and television networks.
Article 3 To engage in film activities, we should adhere to the direction of serving the people and socialism, adhere to the policy of letting a hundred flowers blossom and a hundred schools of thought contend, put social benefits first, and realize the unity of social and economic benefits.
Article 4 The state guarantees the freedom of film creation, encourages film creators to be close to reality, life and the masses, and encourages the creation of excellent films with strong ideological, artistic and ornamental qualities.
Article 5 Intellectual property rights related to movies shall be protected by law. No organization or individual may infringe upon the intellectual property rights related to movies.
The departments in charge of intellectual property law enforcement of the people's governments at or above the county level shall take effective measures to punish the infringement of film-related intellectual property rights according to law and effectively protect film-related intellectual property rights.
Enterprises engaged in film activities (hereinafter referred to as film enterprises), individual industrial and commercial households and individuals should enhance their awareness of intellectual property protection, improve their ability to use, protect and manage intellectual property rights, and protect intellectual property rights according to law.
The state encourages film enterprises to develop derivative products such as film and video products.
Article 6 The State shall incorporate the development of the film industry into the national economic and social development plan, formulate relevant industrial policies, guide the formation of a unified, open and competitive film market, and promote the prosperity of the film market.
The local people's governments at or above the county level shall incorporate the development of the film industry within their respective administrative areas into the local national economic and social development plan; The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate relevant industrial policies according to the actual situation of the development of the local film industry.
Article 7 The State encourages the innovation of film science and technology, strengthens the research on film core technology, key technology and innovative technology, formulates and improves film technical standards, and promotes the application of film high-tech achievements.
Article 8 The State supports the development of film higher education and vocational education, trains compound talents who are familiar with the film industry and are good at management, and implements the support plan for young film talents.
The state gradually establishes a professional qualification system for film technicians and skilled personnel.
Article 9 The State shall take measures to support the development of film public welfare undertakings and film industry in rural areas, border areas, poverty-stricken areas and ethnic minority areas.
The State strengthens the translation of films in minority languages.
Tenth the State Council radio, film and television departments responsible for promoting the development of the national film industry; The competent departments of radio, film and television of local people's governments at or above the county level shall be responsible for promoting the film industry within their respective administrative areas.
Other relevant departments of the people's governments at or above the county level shall be responsible for the promotion of the film industry within their respective functions and duties.
Article 11 Social organizations in the film industry shall, in accordance with laws and administrative regulations, formulate industry self-discipline norms, conduct business exchanges, strengthen professional ethics education, and safeguard the legitimate rights and interests of their members.
Article 12 The State encourages international cooperation and exchange of films on the basis of equality and mutual benefit, and supports domestic films to participate in overseas film festivals (exhibitions).
Article 13 The State establishes a film award system to award outstanding films and organizations and individuals who have made outstanding contributions to the development of the film industry. Article 14 The State supports the creation and production of the following films:
(1) Movies promoting socialist core values;
(2) Movies that are beneficial to the healthy growth of minors;
(3) Movies that show artistic innovation and promote artistic progress.
Article 15 The State encourages enterprises to engage in film production business.
An enterprise may make a film after sending the screenplay or synopsis of the screenplay to the competent department of radio, film and television in the State Council for examination.
If the competent department of radio, film and television in the State Council has not found the contents of the first paragraph of Article 22 of this Law after examination, it shall issue a one-time film production license (single film) to the enterprise and publish the basic information of the film; If the contents of the first paragraph of Article 22 of this Law are found, the enterprise shall be notified in writing within 30 days from the date of receiving the application for examination, and the reasons shall be explained.
Article 16 An enterprise that produces two or more films that are allowed to be released according to law may apply to the competent department of radio, film and television in the State Council for a film production license.
An enterprise that has obtained a film production license may make a film after sending the film script or outline of the film script to be produced to the competent department of radio, film and television in the State Council for the record. If the competent department of radio, film and television in the State Council has not found the contents of the first paragraph of Article 22 of this Law after reviewing the film script or the outline of the film script submitted for the record, it shall publish the basic information of the film; If it is found to contain the contents of the first paragraph of Article 22 of this Law, it shall notify the enterprise in writing within 30 days from the date of receiving the film script or the outline of the film script for the record.
Seventeenth domestic and foreign enterprises that meet the following conditions, with the approval of the competent department of radio, film and television in the State Council, can cooperate in the production of films in China:
(1) Films produced by domestic enterprises and allowed to be distributed according to law;
(two) in the past two years, domestic and foreign enterprises have not been subject to administrative punishment for violating the laws and administrative regulations of People's Republic of China (PRC).
Overseas enterprises shall not independently engage in film production business within the territory; Other organizations or individuals outside China shall not engage in film production business in China.
Article 18 If a domestic enterprise enjoys the copyright of a co-production, the film shall be regarded as a domestic film; If a domestic enterprise does not enjoy the copyright of co-production, it shall transport all negatives, samples, copies, digital film materials, master films and distribution discs of the film out of the country.
After the domestic and foreign enterprises have gone through the relevant formalities with the customs according to law, the equipment, equipment and other articles needed for their cooperative film production may temporarily enter or leave the country.
Article 19 The competent departments of radio, film and television of the local people's governments at or above the county level shall coordinate the departments of public security, cultural relics protection, scenic spot management and urban greening to provide convenience and help for enterprises to shoot films.
Twentieth in any of the following circumstances, with the approval of the competent department of radio, film and television in the State Council, film processing and post-production can be completed overseas:
(1) The domestic processing and post-production capabilities are not available, or the domestic processing and post-production cannot meet the quality and effect required by film production enterprises;
(2) It is stipulated in the Agreement on Co-production of Films by Chinese and Foreign Enterprises that film processing and post-production shall be completed overseas.
Twenty-first approved by the competent department of radio, film and television in the State Council, enterprises can undertake overseas film processing and post-production. If the competent department of radio, film and television in the State Council finds that overseas films contain contents that harm China's national interests, social stability and national feelings, it shall not be approved.
The negatives, samples, copies, digital film materials, master films and distribution discs of overseas films that have been developed and post-produced shall all be shipped out of the country.
Article 22 A film shall not contain the following contents:
(a) in violation of the basic principles set by the Constitution, inciting resistance or undermining the implementation of the Constitution, laws and administrative regulations;
(2) endangering national unity, sovereignty and territorial integrity;
(3) divulging state secrets, endangering state security and damaging state honor and interests;
(4) inciting national hatred and discrimination, infringing on national customs and habits, distorting national history and historical figures, hurting national feelings and undermining national unity;
(5) propagating religious fanaticism, endangering religious harmony, hurting the religious feelings of religious citizens, and undermining the unity between religious citizens and non-religious citizens;
(6) propagating cults and superstitions;
(seven) disrupting social order and undermining social stability;
(eight) promoting obscenity, gambling, drug abuse, and exaggerating violence and terror;
(9) instigating a crime or teaching criminal methods;
(10) Insulting, slandering or spreading others' privacy and infringing upon others' legitimate rights and interests;
(eleven) endangering social morality and denigrating the excellent cultural traditions of the nation;
(twelve) infringe upon the legitimate rights and interests of minors or damage the physical and mental health of minors;
(thirteen) other contents prohibited by laws and administrative regulations.
The technical quality of films should meet the national standards.
Article 23 An enterprise shall submit the completed film works to the competent departments of radio, film and television of the local people's governments of provinces, autonomous regions and municipalities directly under the Central Government for preliminary examination. The competent departments of radio, film and television of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, within 20 days from the date of receiving the application for examination, submit the preliminary examination opinions and application materials to the competent departments of radio, film and television of the State Council.
The competent department of radio, film and television in the State Council shall make a review decision within 30 days from the date of receiving the application materials. Those that conform to the provisions of this law shall be allowed to be shown to the public, and a film screening license shall be issued; If it does not conform to the provisions of this law, it shall not be shown in public, and the applicant shall be notified in writing to explain the reasons.
Article 24 If an enterprise refuses to accept the review decision of the competent department of radio, film and television in the State Council, it may file an application for review with the competent department of radio, film and television in the State Council within 60 days from the date of receiving the written notice.
The competent department of radio, film and television in the State Council shall make a review decision within 20 days from the date of receiving the application for review. After examination, those who meet the requirements of this law shall be granted public distribution and a film distribution license shall be issued; If it is considered that it is not in conformity with the provisions of this Law, it shall not be shown in public, and the applicant shall be notified in writing to explain the reasons.
Article 25 The competent departments of radio, film and television of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall conduct preliminary examination of the films, and the competent departments of radio, film and television of the State Council shall organize experts to examine or review the films. The expert's review opinions shall be used as an important basis for putting forward preliminary review opinions, making review decisions or reviewing decisions. The specific measures for expert review shall be formulated by the competent department of radio, film and television in the State Council.
Twenty-sixth the State Council radio, film and television authorities shall publish the films that have obtained the film distribution license. An enterprise making a film shall place the logo of the Film Distribution License at the title of the film.
Movies that have not obtained a film distribution license shall not be distributed, shown or participated in film festivals (exhibitions), and shall not be disseminated through information networks such as the Internet, telecommunication networks and radio and television networks, and shall not produce audio-visual products; However, if there are other provisions in laws and administrative regulations, those provisions shall prevail.
Article 27 A film that has obtained a film distribution license may change its contents after re-examination in accordance with the relevant provisions of this Law; After applying to the competent department of radio, film and television in the State Council for renewal of the Film Distribution License, the name of the film can be changed.
Twenty-eighth domestic films that have obtained the film distribution license can participate in overseas film festivals (exhibitions). The exhibition sending enterprise shall, before the overseas film festival (exhibition) is held, report the relevant materials to the competent department of radio, film and television in the State Council and the competent department of radio, film and television in the local people's government of the province, autonomous region or municipality directly under the Central Government for the record.
Twenty-ninth film art archives institutions established by the state shall collect, collect, keep and open film art archives to the public according to law.
Film production enterprises shall, in accordance with the relevant provisions of the Archives Law of People's Republic of China (PRC), do a good job in the custody of film art archives, and hand over the film art archives to the film art archives institutions established by the state. Article 30 An enterprise with registered capital suitable for its film distribution business may engage in film distribution business with the approval of the competent department of radio, film and television in the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Among them, with the approval of the competent department of radio, film and television in the State Council, it can engage in film distribution business across provinces, autonomous regions and municipalities directly under the central government.
Article 31 A cinema may be established with the approval of the competent department of radio, film and television of the local people's government at the county level or at the municipal level with the personnel, places and equipment suitable for the film projection business it is engaged in, and other conditions for the registration of an enterprise as a legal person.
Article 32 The competent department of radio, film and television, which is responsible for examining and approving the film distribution business and setting up cinemas in accordance with the provisions of this Law, shall make a decision of approval or disapproval within 30 days from the date of receiving the application. To meet the conditions, be approved, issued a "film distribution business license" or "film projection business license", and the basic situation of film distribution enterprises and cinemas will be announced; Do not meet the conditions, shall not be approved, and notify the applicant in writing, explain the reasons.
An applicant who has obtained a film distribution license or a film projection license shall go through the registration formalities with the administrative department for industry and commerce according to law with the license.
Article 33 An enterprise or individual industrial and commercial household may engage in mobile film projection business after filing its name or operator's name, contact information and mobile projection equipment with the competent department of radio, film and television of the people's government at the county level or at the municipal level with districts where the business area is located.
Thirty-fourth people's governments at or above the county level shall support the development of rural film industry and incorporate the public welfare screening of rural films into the construction plan of rural public cultural service system. The public welfare screening of rural films should be funded by the government, and services should be purchased from enterprises in a market-oriented way to ensure that the people get benefits.
The people's governments at the county level shall make overall arrangements to ensure that each village in rural areas shows at least one film every month.
Enterprises and individual industrial and commercial households engaged in rural film public welfare screening business shall not defraud rural film public welfare screening subsidy funds by making false reports or taking the initiative.
Article 35 The competent department of education, radio, film and television in the State Council shall incorporate film and television education into the teaching plan of compulsory education schools, and ensure that students receiving compulsory education watch movies recommended by them for the healthy growth of minors at least twice each semester, and the required funds shall be paid from the public funds of compulsory education schools.
Local people's governments can issue movie tickets and organize special screenings to ensure the basic cultural needs of minors, low-income urban residents and migrant workers.
The state encourages film enterprises to take various measures, such as preferential ticket prices, building cinemas with different conditions and setting up community projection spots, to provide convenience for minors, low-income urban residents and migrant workers to watch movies; The local people's government of the film enterprise may give incentives and subsidies.
Thirty-sixth film distribution enterprises, cinemas, enterprises and individual industrial and commercial households engaged in mobile film projection business shall not issue or show films without a film distribution license.
Cinemas, enterprises and individual industrial and commercial households engaged in mobile film screening business shall show domestic films not less than two-thirds of the total film screening time in the whole year.
The technical quality of cinema facilities and equipment shall conform to the relevant technical standards for film screening.
Article 37 A cinema shall abide by laws and administrative regulations such as public security and sanitation, maintain public order and environmental sanitation of the screening places, and ensure the safety and health of the audience.
The cinema shall not conceal the box office income; A cinema that joins the cinema line shall install a computer ticketing system that meets the national standards.
Thirty-eighth cinemas are not allowed to broadcast advertisements after the movie screening time clearly indicated to the audience.
If the movie shown in the cinema may cause physical or psychological discomfort to the audience, it should be prompted when the audience buys the movie ticket.
Article 39 No one is allowed to bring explosive, flammable, radioactive, corrosive and other dangerous goods into the cinema, or illegally bring guns, ammunition and control devices into the cinema. Those who illegally carry the above items shall be refused entry by the cinema staff.
The staff of cinemas or other places where films are shown in public can stop the audience from engaging in acts of infringing on the intellectual property rights related to films during the film screening.
Fortieth with the approval of the competent department of radio, film and television in the State Council, foreign-related film festivals (exhibitions) can be held in China; Overseas cultural institutions in China may, after filing with the competent department of radio, film and television in the State Council in advance, show temporary entry and exit films at their residences. Overseas films participating in the exhibition and films temporarily entering or leaving the country shown by overseas cultural institutions in China shall not contain contents that harm China's national interests, social stability or national feelings.
The specific measures for holding foreign-related film festivals (exhibitions) and overseas cultural institutions to show temporary inbound and outbound films in China shall be formulated by the competent department of radio, film and television of the State Council.
Article 41 The state supports the translation and production of domestic films, comprehensively utilizes foreign exchange resources such as diplomacy, culture and education, and carries out overseas promotion activities of domestic films.
The competent department of radio, film and television in the State Council shall strengthen the propaganda and introduction of domestic films and the organization of overseas promotion of domestic films. Article 42 The state promotes the development of the film industry by setting up special funds and funds for the film industry, and guides relevant special funds and funds for cultural industries to increase investment in the film industry.
According to the characteristics and actual situation of film enterprises, the state improves the corresponding financial accounting system.
The use of financial funds to create and produce films with major themes should follow the principles of openness, fairness and impartiality, and be selected by experts through evaluation.
Article 43 The state implements necessary preferential tax policies to promote the prosperity and development of the film industry.
Engaged in the following activities, you can enjoy tax incentives in accordance with the relevant provisions of the state:
(1) Create domestic movie scripts;
(2) Producing, distributing and showing domestic films;
(3) Film enterprises sell film copies or transfer film copyrights;
(four) high-tech enterprises to produce film equipment and carry out related research and development activities;
(five) overseas promotion activities of domestic films;
(six) import self-use film equipment, accessories and spare parts that cannot be produced in China for the production of domestic films;
(seven) other activities related to the development of the film industry.
Article 44 The State encourages financial institutions to provide financing services for engaging in film activities and improving film infrastructure, conduct film-related intellectual property pledge business according to law, and support the development of film industry in terms of credit. Policy-oriented financial institutions should give priority to providing financial services for overseas promotion of domestic films within their business scope.
The state encourages insurance institutions to develop insurance products that meet the needs of the development of the film industry according to law.
The state encourages guarantee institutions to provide financing guarantee for the film industry according to law, and spread risks through re-guarantee, joint guarantee and combination of insurance and guarantee.
If the competent department of radio, film and television in the State Council announces the production of films in accordance with the provisions of this Law, it will give discount loans and premium subsidies in accordance with the relevant provisions of the state, and reasonably determine the loan term and interest rate.
Article 45 The State encourages film enterprises to make cross-border investment by overseas co-production, so as to ensure the reasonable foreign exchange demand of film enterprises for foreign trade, cross-border financing and investment, and simplify and optimize the business process of foreign exchange management.
Article 46 The state formulates preferential policies to promote and support the construction and transformation of cinemas.
The local people's governments at or above the county level shall incorporate the construction and renovation of cinemas into the overall land use planning and urban and rural planning according to law; Among them, there is only one person who intends to use the land, and the land can be provided by agreement according to law. Land users shall use the funds for special purposes and shall not change their purposes.
Article 47 If it is really necessary to demolish the cinema or change its function and use due to the needs of urban and rural construction, and the organizer intends to continue to hold the cinema, the relevant local people's government shall arrange for the reconstruction of the cinema in accordance with the overall local land use planning and urban and rural planning.
Except in special circumstances, the cinema rebuilt according to the provisions of the preceding paragraph shall not be less than the original construction scale. The relocation work should be carried out at the same time as the demolition after the first construction. The relocation expenses shall be borne by the unit that caused the relocation.
Article 48 The state encourages social forces to develop the film industry by means of investment and donation, and gives preferential treatment according to law.
Article 49 The competent departments of radio, film and television of the people's governments at or above the county level shall establish and improve the supervision system, perform the supervision responsibilities, strengthen the daily supervision and management of film activities, and maintain the order of the film market. Article 50 Any staff member of the competent department of radio, film and television in the State Council, the competent department of radio, film and television in the local people's government at or above the county level or other relevant departments who, by taking advantage of his position, accepts property or other benefits from others, conducts examination and approval activities in violation of the provisions of this Law, fails to perform supervisory duties, or fails to investigate and deal with illegal acts shall be punished according to law.
Article 51 Whoever engages in film production, distribution and projection in violation of the provisions of this Law shall be banned by the competent department of radio, film and television of the people's government at or above the county level in accordance with the division of responsibilities, and the films, illegal income and special tools and equipment used for illegal activities shall be confiscated; Illegal income of more than 50 thousand yuan, and impose a fine of more than +00 times and less than 5 times the illegal income; If there is no illegal income or the illegal income is less than 50,000 yuan, a fine of less than 500,000 yuan may be imposed.
Article 52 Under any of the following circumstances, the original license issuing organ shall revoke or revoke the relevant licenses and approval documents; The competent department of radio, film and television of the people's government at or above the county level shall confiscate the illegal income according to the division of responsibilities; Illegal income of more than 50 thousand yuan, and impose a fine of more than +00 times and less than 5 times the illegal income; If there is no illegal income or the illegal income is less than 50,000 yuan, a fine of less than 500,000 yuan may be imposed:
(1) Altering, leasing, lending, buying or selling the licenses and approval documents stipulated in this Law, or illegally transferring the licenses and approval documents stipulated in this Law in other forms.
(2) Obtaining the license and approval documents stipulated in this Law by cheating, bribery or other improper means.
Fifty-third in any of the following circumstances, the license shall be revoked by the original issuing authority; The competent department of radio, film and television of the people's government at or above the county level shall confiscate films and illegal income in accordance with the division of responsibilities; If the illegal income is more than 50,000 yuan, a fine of more than 0/0 and less than 20 times of the illegal income will be imposed; If there is no illegal income or the illegal income is less than 50,000 yuan, a fine of 6,543.8+0,000 yuan may be imposed:
(1) changing the contents of a film that has obtained a film distribution license without approval;
(2) distributing or showing films without a film distribution license;
(three) to provide films without a film distribution license to participate in overseas film festivals (exhibitions).
Article 54 Under any of the following circumstances, the competent department of radio, film and television of the people's government at or above the county level shall, in accordance with the division of responsibilities, order it to stop illegal activities and confiscate films and illegal income; Illegal income of more than 50 thousand yuan, and impose a fine of more than 3 times and less than 5 times the illegal income; If there is no illegal income or the illegal income is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed; If the circumstances are serious, the original issuing authority shall order it to suspend business for rectification or revoke its license:
(1) Going abroad for printing or post-production of domestic films without authorization;
(2) accepting the entrustment of overseas film printing or post-production without authorization.
Article 55 Where a cinema shows advertisements after the movie showing time clearly indicated to the audience, the competent department of radio, film and television of the local people's government at or above the county level shall, according to the division of responsibilities, order it to make corrections within a time limit and impose a fine of 1000 yuan but not more than 200,000 yuan; If no correction is made within the time limit, the license shall be revoked by the original issuing authority.
Article 56 If a foreign-related film festival (exhibition) is held in China without authorization, or if an overseas film containing content that harms China's national interests, social stability or national feelings is accepted to participate in a foreign-related film festival (exhibition) held in China, the competent department of radio, film and television in the State Council shall order it to stop its illegal activities and confiscate the illegally shown films and illegal income; Illegal income of more than 50 thousand yuan, and impose a fine of more than +00 times and less than 5 times the illegal income; If there is no illegal income or the illegal income is less than 50 thousand yuan, a fine of less than 500 thousand yuan may be imposed; If the circumstances are serious, foreign-related film festivals (exhibitions) shall not be held within 5 years from the date of punishment.
Article 57 Where a film enterprise has its license revoked or revoked in violation of the provisions of this Law, it shall not apply for a license again within five years from the date of revocation or revocation, and its legal representative or principal responsible person shall not serve as the legal representative or principal responsible person of the film enterprise within five years from the date of revocation or revocation.
Article 58 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law; Those who cause personal, property or other damage shall bear civil liability according to law.
Article 59 The competent department of radio, film and television in the State Council or the competent department of radio, film and television in the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall publish the names of organizations or individuals who have been punished for violating the provisions of this Law.
Article 60 Any of the following circumstances shall be punished in accordance with relevant laws and administrative regulations:
(1) Making a film into an audio-visual product without obtaining a film distribution license;
(2) Disseminating films without a film distribution license through information networks such as the Internet, telecommunication networks and radio and television networks;
(three) defrauding rural film public welfare screening subsidy funds by means of false report or impersonator;
(4) Infringement of intellectual property rights related to movies;
(five) failing to collect, sort out, keep and hand over the film art archives according to law;
(6) box office income. Article 61 The specific measures for foreign investors to invest and operate the film industry in People's Republic of China (PRC) and the specific measures for the management of film import and export shall be formulated separately by the competent department of radio, film and television of the State Council in conjunction with the relevant departments of the State Council.
Article 62 This Law shall come into force on 1 month 1 day, 2004.