(Adopted at the Fifteenth Meeting of the Standing Committee of the
Seventh National People's Congress on September 7, 1990
Amended in accordance with the Decision of the Standing Committee
of the Ninth National People's Congress on Amending the Copyright
Law of the People's Republic of China at its 24th Meeting on October
27, 2001.)
TABLE OF CONTENTS
Chapter I General Provisions
Chapter II Copyright
Section 1 Copyright Owners and Their Rights
Section 2 Ownership of Copyright
Section 3 Term of Protection for Rights
Section 4 Limitations on Rights
Chapter lIl Copyright Licensing and Assignment Contracts
Chapter IV Publication, Performance, Sound Recording,
Video Recording and Broadcasting
Section 1 Publication of Books, Newspapers and
Periodicals
Section 2 Performance
Section 3 Sound Recordings and Video Recordings
Section 4 Broadcasting by Radio Stations or Television
Stations
Chapter V Legal Liabilities and Enforcement Measures
Chapter Vl Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted, in accordance
with the Constitution, for the purposes of protecting the copyright
of authors in their literary, artistic and scientific works and
the copyright-related rights and interests, of encouraging the creation
and dissemination of works which would contribute to the construction
of socialist spiritual and material civilization, and of promoting
the development and prosperity of the socialist culture and science.
Article 2 Chinese citizens, legal entities
or other organizations shall enjoy copyright for their works, whether
published or not, in accordance with this Law.
Any work of a foreigner or stateless person which is eligible to
enjoy copyright under an agreement concluded between the country
to which the foreigner belongs or in which he has habitual residence
and China, or under an international treaty to which both countries
are party, shall be protected in accordance with this Law.
Foreigners or stateless persons first published works in the territory
of the People's Republic of China shall enjoy copyright for such
works in accordance with this Law.
Any work of a foreigner who belongs to a country which has not concluded
an agreement with China or which is not a party to an international
treaty with China, or a stateless person first published in an country
which is a party to an international treaty with China or in such
a member state and nonmember state, shall be protected in accordance
with this Law.
Article 3 For the purposes of this Law, the term "works"
includes works of literature, art, natural science, social science,
engineering technology and the like which are expressed in the following
forms:
(1) written works;
(2) oral works;
(3) musical, dramatic, quyi', choreographic and acrobatic works;
(4) works of fine art and architecture;
(5) photographic works;
(6) cinematographic works and works created by virtue of an analogous
method of film production;
(7) drawings of engineering designs, and product designs; maps,
sketches and other graphic works and model works;
(8) computer software;
(9) other works as provided for in laws and administrative regulations.
Article 4 Works the publication or distribution of which
is prohibited by law shall not be protected by this Law.
Copyright owners, in exercising their copyrights, shall not violate
the Constitution or laws or prejudice the public interests.
Article 5 This Law shall not be applicable to:
(l) laws, regulations, resolutions, decisions and orders of State
organs, other documents of a legislative, administrative or judicial
nature, and their official translations;
(2) news on current events; and
(3) calendars, numerical tables and forms of general use, and formulas.
Article 6 Regulations for the protection of copyright in
expressions of folklore shall be established separately by the State
Council.
Article 7 The copyright administration department under the
State Council shall be responsible for the nationwide administration
of copyright. The copyright administration department of the People's
Government of each province, autonomous region and municipality
directly under the Central Government shall be responsible for the
administration of copyright in its administrative region.
Article 8 The copyright owners and copyright-related right
holders may authorize an organization for collective administration
of copyright to exercise the copyright or any copyright-related
right. After authorization, the organization for collective administration
of copyright may, in its own name, claim the right for the copyright
owners and copyright-related right holders, and participate, as
an interested party, in litigation or arbitration relating to the
copyright or copyright-related right.
The organization for collective administration of copyright is a
non-profit organization. Provisions for the mode of its establishment,
rights and obligations, collection and distribution of the royalties
of copyright licensing, and supervision and administration thereof
shall be separately established by the State Council.
TOP
Chapter II Copyright
Section 1 Copyright Owners and Their Rights
Article 9 The
term "copyright owners" shall include:
(1) authors;
(2) other citizens, legal entities or organizations enjoying copyrights
in accordance with this Law.
Article 10 The term "copyright"
shall include the following personality rights and property rights:
(l) the right of publication, that is, the right to decide whether
to make a work available to the public;
(2) the right of authorship, that is, the right to claim authorship
and to have the author's name mentioned in connection with a work;
(3) the right of alteration, that is, the right to alter or authorize
others to alter a work;
(4) the right of integrity, that is, the right to protect a work
against distortion and mutilation;
(5) the right of reproduction, that is, the right to produce one
or more copies of a work by printing, photocopying, lithographing,
making a sound recording or video recording, duplicating a recording
work, or duplicating a photographic work or by any other means;
(6) the right of distribution, that is, the right to make available
to the public the original or reproductions of a work though sale
or bestowal;
(7) the right of rental, that is, the right to authorize, with payment,
others to use temporarily cinematographic works, works created by
virtue of an analogous method of film production, and computer software,
except any computer software that is not the main subject matter
of rental;
(8) the right of exhibition, that is, the right to display publicly
the original or reproduction of a work of fine art and photography;
(9) the right of performance, that is, the right to perform publicly
a work and broadcast publicly the performance of a work by various
means;
(10) the right of displaying, that is, the right to display to the
public a work, of fine art, photography, cinematography and any
work created by analogous methods of film production through film
projectors, over-head projectors or any other technical devices;
(11) the right of broadcast, that is, the right to broadcast publicly
or communicate to the public a work by wireless means, to communicate
to the public a broadcast work by wire or relay means, and to communicate
to the public a broadcast work by a loudspeaker or by any other
analogous tool used to transmit symbols, sounds or pictures;
(12) the right of communication of information on networks, that
is, the right to communicate to the public a work, by wire or wireless
means in such a way that members of the public may access these
works from a place and at a time individually chosen by them;
(13) the right of making cinematographic work, that is, the right
to fixate a work on a carrier by way of film production or by virtue
of an analogous method of film production;
(14) the right of adaptation, that is, the right to prepare new
derivative works of originality based on a work;
(15) the right of translation, that is, the right to translate a
work in one language into one in another language;
(16) the right of compilation, that is, the right to compile works
or parts of works into a new work by the selection or arrangement;
and
(17) any other rights a copyright owner is entitled to enjoy.
A copyright owner may authorize another person to exercise the rights
under the preceding paragraphs (5) to
(17), and receive remuneration pursuant to an agreement or this
Law.
A copyright owner may assign, in part or in whole, the rights under
the preceding paragraphs (5) to (17), and receive remuneration pursuant
to an agreement or this Law.
TOP
Section 2 Ownership of
Copyright
Article 11
The copyright in a work shall belong to its author, except where
otherwise provided in this Law.
The author of a work is the citizen who has created the work.
Where a work is created according to the intention and under the
supervision and responsibility of a legal entity or other organization,
such legal entity or organization shall be deemed to be the author
of the work.
The citizen, legal entity or other organization whose name is mentioned
in connection with a work shall, in the absence of proof to the
contrary, be deemed to be the author of the work.
Article 12 Where a work is created
by adaptation, translation, annotation or arrangement of a preexisting
work, the copyright in the work thus created shall be enjoyed by
the adapter, translator, annotator or arranger, provided that the
exercise of such copyright shall not prejudice the copyright in
the original work.
Article 13 Where a work is created
jointly by two or more co-authors, the copyright in the work shall
be enjoyed jointly by those co-authors. Co-authorship may not be
claimed by anyone who has not participated in the creation of the
work.
If a work of joint authorship can be separated into independent
parts and exploited separately, each co-author shall be entitled
to independent copyright in the parts that he has created, provided
that the exercise of such copyright shall not prejudice the copyright
in the joint work as a whole.
Article 14 A work created by compilation
of several works, parts of works, data that do not constitute a
work or other materials and having originality in the selection
or arrangement of its contents is a work of compilation. The copyright
in the work of compilation shall be enjoyed by the compiler, provided
that the exercise of such copyright shall not prejudice the copyright
in the original works.
Article 15 The copyright in a cinematographic
work and any work created by an analogous method of fl1m production
shall be enjoyed by the producer of the work, but the scriptwriter,
director, cameraman, lyricist, composer, and other authors thereof
shall enjoy the right of authorship in the work, and have the right
to receive remuneration pursuant to the contract concluded with
the producer.
The authors of the screenplay, musical works and other works that
are incorporated in a cinematographic work and work created by virtue
of an analogous method of film production and can be exploited separately
shall be entitled to exercise their copyright independently.
Article 16 A work created by a citizen
in the fulfillment of tasks assigned by a legal entity or other
organization shall be deemed to be a work made for hire. The copyright
in such work shall be enjoyed by the author, except the provisions
of the second paragraph of this Article, provided that the legal
entity or other organization shall have a priority right to exploit
the work within the scope of its practice areas. During the two
years after the completion of the work, the author shall not, without
the consent of the legal entity or other organization, authorize
a third party to exploit the work in the same way as the legal entity
or other organization does.
For any of the following work made for hire, the author shall enjoy
the right of authorship, while the legal entity or other organization
shall enjoy the other rights included in the copyright and may reward
the author:
(1) drawings of engineering designs and product designs, maps, computer
software and the like created in the course of employment mainly
with the material and technical resource of the legal entity or
other organization and under its responsibility;
(2) works created in the course of employment where the copyright
is, in accordance with laws, administrative regulations or contracts,
enjoyed by the legal entity or other organization.
Article 17 The ownership of the copyright
in a commissioned work shall be agreed upon in a contract between
the commissioning and the commissioned parties. In the absence of
such contract or of an explicit agreement in such contract, the
copyright in the work shall belong to the commissioned party.
Article 18 The transfer of ownership
of the original copy of a work of fine art or the like, shall not
be deemed to include the transfer of the copyright in such work,
provided that the right to exhibit the original copy of a work of
fine art shall be enjoyed by the owner of such original copy.
Article 19 Where the copyright in a
work belongs to a citizen, the rights under Article 10, paragraphs
(5) to (17), of this Law in respect of the work shall, after his
death, during the term of protection provided for in this Law, be
transferred in accordance with the provisions of the Inheritance
Law.
Where the copyright in a work belongs to a legal entity or other
organization, the rights under Articles l0, paragraphs (5) to (l7),
of this Law, shall, after the change or the termination of the status
of the legal entity or other organization, during the term of protection
provided for in this Law, be enjoyed by the succeeding legal entity
or other organization which has taken over the former's rights and
obligations, or, in the absence of such successor entity or other
organization, by the State.
TOP
Section 3 Term of Protection
for Rights
ArticIe 20
The term of protection for rights of authorship, alteration and
integrity of an author shall be unlimited.
Article 21 The term of protection for
the right of publication and the rights referred to in Article l0,
paragraphs (5) to (17), of this Law in respect of a work of a citizen
shall be the lifetime of the author and fifty years after his death,
and expires on December 31 of the fiftieth year after the death
of the author. In the case of a work of joint authorship, such term
shall expire on December 31 of the fiftieth year after the death
of the last surviving author.
The term of protection for the right of publication and the rights
provided for in Article 10, paragraphs (5) to (17), of this Law
in respect of a work where the copyright belongs to a legal entity
or other organization or in respect of a work made for hire where
the legal entity or other organization enjoys the copyright (except
the right of authorship), shall be fifty years, and expires on December
31 of the fiftieth year after the first publication of such work,
provided that any such work that has not been published within fifty
years after the completion of its creation shall no longer be protected
under this Law.
The term of protection for the right of publication and the rights
referred to in Article l0, paragraphs (5) to (17), of this Law in
respect of a cinematographic work, a work created by virtue of an
analogous method of film production or a photographic work shall
be fifty years, and expires on December 3l of the fiftieth year
after the first publication of such work, provided that any such
work that has not been published within fifty years after the completion
of its creation shall no longer be protected under this Law.
TOP
Section 4 Limitations
on Rights
Article 22
A work may be exploited In the following circumstances without permission
from, and without payment of remuneration to, the copyright owner,
provided that the name of the author and the title of the work shall
be mentioned and the other rights enjoyed by the copyright owner
by virtue of this Law shall not be prejudiced:
(l) to use a published work for the purposes of the user's own private
study, research or self-entertainment;
(2) to quote appropriately from a published work in one's own work
for the purposes of introduction to, or comments on a work, or demonstration
of a point;
(3) to use or cite, for any unavoidable reason, a published work
in newspapers, periodicals, at radio stations, television stations
or any other media for the purpose of reporting current events;
(4) to publish in newspapers or periodicals, or broadcast by radio
stations, television stations, or any other media, articles on current
issues relating to politics, economics or religion published by
other newspapers, periodicals, or broadcast by other radio stations,
television stations or any other media, except where the author
has declared that the publishing and broadcasting is not permitted;
(5) to publish in newspapers or periodicals, or broadcast by radio
stations, television stations or any other media, a speech delivered
at a public gathering, except where the author has declared that
the publication or broadcasting is not permitted;
(6) to translate, or reproduce in a small quantity of copies, a
published work by teachers or scientific researchers for the purpose
of teaching for classroom use or scientific research, provided that
the translation or reproduction shall not be published or distributed;
(7) to use a published work, within proper scope, by a State organ
for the purpose of fulfilling its official duties;
(8) to reproduce a work in its collections by a library, archive,
memorial hall, museum, art gallery or any similar institution, for
the purposes of the display, or preservation of a copy of the work;
(9) to perform a published work free-of-charge and neither any fee
is collected from the public nor any remuneration is paid to the
performer(s) for such performance;
(10) to copy, paint, photograph or video record an artistic work
located or on display in an outdoor public place;
(11) to translate a published work of a Chinese citizen, legal entity
or any other organization from the Han language into any minority
nationality language for publication and distribution within the
country; and
(12) to transliterate a published work into Braille and publication
of the work so transliterated.
The above limitations on rights shall be also applicable to the
rights of publishers, performers, producers of sound recordings
and video recordings, radio stations and television stations.
Article 23 In compiling and publishing
textbooks for implementing the nine-year compulsory education and
the national educational program, parts of published works, short
written works, music works or single copies of works of painting
or photographic works may be compiled into textbooks without the
authorization from the authors, except where the authors have declared
in advance the use thereof is not permitted, but with remuneration
paid to the authors according to the regulations and the name of
the author and the title of the work indicated, and without prejudice
to other rights enjoyed by the copyright owners according to this
Law.
The above limitations on rights shall be applicable also to the
rights of publishers, performers, producers of sound recordings
and video recordings, radio stations and television stations.
TOP
Chapter lIl Copyright Licensing
and Assignment Contracts
Article 24
Anyone who exploits a work created by others shall conclude a contract
with the copyright owner(s), except the circumstances in which no
permission is needed in accordance with the provisions of this Law.
A licensing contract shall include the following basic clauses:
(l) the category of right licensed for exploitation of the work
covered by the license;
(2) the exclusive or non-exclusive nature of the right to exploit
the work covered by the license;
(3) the geographic area and term of the license;
(4) the standard of remuneration and the method of payment;'
(5) the liability in case of breach of the
contract; and
(6) any other matter that the contracting parties consider necessary.
Article 25 Assignment of a right referred
to in Article 10, paragraphs (5) to (17), of this Law shall require
conclusion of a contract in writing.
A contract of assignment shall include the following basic clauses:
(1) title of the work;
(2) category and geographic area of the assigned right;
(3) assignment price;
(4) date and manner of payment of the assignment
price;
(5) liabilities for breach of the contract;
and
(6) any other matters that the contracting
parties consider necessary.
Article 26 The other party shall not,
without permission from the copyright owner, exercise any right
that the copyright owner has not expressly licensed or assigned
in the licensing and assignment contracts.
Article 27 The standard of remuneration
for the exploitation of a work may be fixed by the interested parties
or may be paid according to the standard established by the copyright
administration department under the State Council in collaboration
with other departments concerned. Where the interested parties have
not expressly fixed it, remuneration is paid in accordance with
the standard established by the copyright administration department
under the State Council in collaboration with other departments
concerned.
Article 28 Publishers, performers,
producers of sound recordings and video recordings, radio stations,
television stations and other entities who or which have obtained,
pursuant to the relevant provisions of this Law, the right to exploit
the copyright of others, shall not prejudice the authors' rights
of authorship, alteration, and integrity, and rights for obtaining
remuneration.
TOP
Chapter IV Publication,
Performance, Sound Recording, Video Recording and Broadcasting
Section 1 Publication of Books,
Newspapers and Periodicals
Article 29
A book publisher who publishes a book shall conclude a publishing
contract with, and pay remuneration to, the copyright owner.
Article 30 A book publisher's exclusive
right to publish a work delivered to him by the copyright owner
for publication, which is specified in the contract, shall be protected
by the law, and no others may publish such work.
Article 31 The copyright owner shall
deliver the work within the term specified in the contract. The
book publisher shall publish the work in accordance with the quality
requirements and within the term specified in the contract.
The book publisher shall bear the civil liability in accordance
with the provisions in Article 53 of this Law if he fails to publish
the work within the term specified in the contract.
The book publisher shall notify, and pay remuneration to, the copyright
owner when the work is to be reprinted or republished. If the publisher
refuses to reprint or republish the work when stocks of the book
are exhausted, the copyright owner shall have the right to terminate
the contrast.
Article 32 Where a copyright owner
has submitted the manuscript of his work to a newspaper or a periodical
publisher for publication and has not received, within 15 days from
the newspaper publisher or within 30 days from the periodical publisher,
counted from the date of submission of the manuscript, any notification
of the said publisher's decision to publish the work, the copyright
owner may submit the manuscript of the same work to another newspaper
or periodical publisher for publication, unless the two parties
have agreed otherwise.
After the work has been published, except where the copyright owner
has declared that reprinting or excerpting is not permitted, other
newspaper or periodical publishers may reprint the work or print
an abstract of it or print it as reference material, but such other
publishers shall pay remuneration to the copyright owner as prescribed
in regulations.
Article 33 A book publisher may alter
or abridge a work with the permission of the copyright owner.
A newspaper or periodical publisher may make editorial modifications
and abridgements in a work, but shall not make modifications in
the contents of the work unless permission has been obtained from
the author.
Article 34 When publishing works created
by adaptation, translation, annotation, assembling or compilation
of preexisting works, the publisher shall both have the permission
from, and pay remuneration to, the owners of the copyright in the
works created by means of adaptation, translation, annotation, assembling
or compilation and the owners of the copyright in the preexisting
works.
Article 35 A publisher has the right
to license or prohibit any other person to use typographical arrangements
of books or periodicals he has published.
The term of protection for the right provided for in the preceding
paragraph shall be ten years, and expires on December 3l of the
tenth year after the first publication of the books or periodicals
using the typographical arrangements.
TOP
Section 2 Performance
Article 36
A performer (an individual performer or a performing entity) who
for a performance exploits a work created by another person shall
obtain permission from, and pay remuneration to, the copyright owner.
Where a performing organizer organizes a performance, the organizer
shall obtain permission from, and pay remuneration to, the copyright
owner.
When exploiting, for performance, works created by adaptation, translation,
annotation, assembling or compilation of preexisting works, the
performer shall have the permission both from, and pay remuneration
to, the owners of the copyright in the works created by means of
adaptation, translation, annotation, arrangement or compilation
and the owners of the copyright in the preexisting works.
Article 37 A performer shall, in relation
to his performance for a work, enjoy the following rights
(l) to claim as a performer;
(2) to protect the image inherent in such performance from distortion;
(3) to authorize others to make live broadcasts
and public transmission of such performance and to receive remuneration
therefore;
(4) to authorize others to make sound recordings and video recordings,
and to receive remuneration therefore.
(5) to authorize others to reproduce or distribute sound recordings
and video recordings incorporating such performance, and to receive
remuneration therefore; and
(6) to authorize others to communicate such performance to the public
on information network, and to receive remuneration therefore.
The person so authorized who exploits the work in the way referred
to in the preceding paraphraphs (3) to (6) shall obtain permission
from, and pay remuneration to, the copyright owner of the work.
Article 38 The term of protection for
the rights provided for in Article 37, paragraphs (1) and (2), of
this Law shall not be limited.
The term of protection for the rights provided for in Article 37,
paragraphs (3) to (6), of this Law shall be fifty years, and expires
on December 31 of the fiftieth year after the performance was made.
TOP
Section 3 Sound Recordings
and Video Recordings
Article 39
A producer of sound recordings or video recording who, for the production
of a sound recording or video recording, exploits a work created
by another person, shall obtain permission from, and pay remuneration
to, the copyright owner.
A producer of sound recordings or video recordings who exploits
a work created by adaptation, translation, annotation or arrangement
of a preexisting work shall obtain permission both from, and pay
remuneration to the owner of the copyright in the work created by
adaptation, translation, annotation or arrangement and the owner
of the copyright in the preexisting work.
A producer of sound recordings, who exploits a music work duly made
by another person into a sound recording to produce sound recordings,
may not obtain permission from, but shall pay remuneration to the
copyright owner as prescribed by regulat1ons, such work shall not
be exploited where the copyright owner has declared that such exploitation
is not permitted.
Article 40 When producing a sound recording
or video recording, the producer shall conclude a contract with,
and pay remuneration to, the performers.
Article 41 A producer of sound recordings
or video recordings shall have the right to authorize others to
reproduce, distribute, rent and communicate to the public on an
information network such sound recordings or video recordings and
the right to obtain remuneration therefore. The term of protection
of such rights shall be fifty years, and expires on December 3l
of the fiftieth year after the recording was first produced.
Any one who is authorized to reproduce, distribute and communicate
to the public on an information network a sound recording work or
video recording work shall also obtain permission from, and pay
remuneration to, the copyright owner and the performer as presented
by regulations.
TOP
Section 4 Broadcasting by Radio Stations or Television
Stations
Article 42
A radio station or television station that broadcasts an unpublished
work created by another person, shall obtain permission from, and
pay remuneration to, the copyright owner.
A radio station or television station that broadcasts a published
work created by another person does not need a permission from,
but shall pay remuneration to, the copyright owner.
Article 43 A radio station or television
station that broadcasts a published sound recording work, does not
need a permission from, but shall pay remuneration to, the copyright
owner, except that the interested parties have agreed otherwise.
The specific provisions shall be established by the State Council.
Article 44 A radio station or television
station shall have the right to prohibit the following acts without
its authorization :
(1) to rebroadcast its radio or television program broadcast; and
(2) to fix its radio or television program broadcast on a sound
recording or video recording carrier and to reproduce such sound
recording or video recording carrier.
The term of protection for the right referred to in the preceding
paragraph shall be fifty years, and expires on December 31 of the
fiftieth year after the radio or television program was first broadcast.
Article 45 A television station that
broadcasts a cinematographic work, a work created by virtue of an
analogous method of film production or a video graphic work produced
by another person shall obtain permission from, and pay remuneration
to, the producer of the Cinematographic or video graphic work; the
station that broadcasts a video graphic work produced by another
person shall also obtain permission of, and pay remuneration to,
the copyright owner.
TOP
Chapter V Legal Liabilities and Enforcement Measures
Article 46 Anyone who commits any of
the following acts of infringement shall bear civil liability for
such remedies as ceasing the infringing act, eliminating the effects
of the act, making an apology or paying compensation for damages,
depending on the circumstances:
(1) publishing a work without the permission of the copyright owner;
(2) publishing a work of joint authorship as a work created solely
by oneself, without the permission of the other co-authors;
(3) having one's name mentioned in connection with a work created
by another, in order to seek personal fame and gain, where one has
not taken part in the creation of the work;
(4) distorting or mutilating a work created by another personr;
(5) plagiarizing a work of another person;
(6) exploiting by exhibition, film production or any analogous
method of film production, or by adaptation, translation, annotation,
or by other means, without the permission of the copyright owner,
unless otherwise provided in this Law;
(7) exploiting a work created by another person without paying remuneration
where such remuneration shall be paid;
(8) rending a work, sound recording or video recording, without
the permission of the copyright owner of the cinematographic work,
the work created by virtue of an analogous method of film production,
the computer software, the sound recording or video recording or
the owner of a copyright-related right thereof, unless otherwise
provided in this Law;
(9) exploiting the typographic arrangement of a book or periodical
without the permission of the publisher;
(10) broadcasting live a performance or communicating the live performance
to the public, or recording such performance without the permission
of the performer; or
(11) committing any other act of infringement of copyright and of
other rights and interests relating to copyright.
Article 47 Anyone who commits any of the following acts of
infringement shall bear civil liability for such remedies as ceasing
the infringing act, eliminating the effects of the act, making an
apology or paying damages, depending on the circumstances, and may,
in addition, be subjected by a copyright administration department
to such administrative penalties as ceasing the infringing act,
confiscating unlawful income from the act, confiscating and destroying
infringing reproductions and imposing a fine; where the circumstances
are serious, the copyright administration department may also confiscate
the materials, tools, and equipment mainly used for making the infringing
reproductions; and if the act constitutes a crime, the infringer
shall be prosecuted for his criminal liability:
(1) reproducing, distributing, performing, displaying, broadcasting,
compiling or communicating to the public on an information network
a work without the permission of the copyright owner of such work,
unless otherwise provided in this Law;
(2) publishing a book where the exclusive right of publishing such
book belongs to another person;
(3) reproducing and distributing a sound recording or video recording
of a performance, or communicating to the public his performance
on an information network without the permission of the performer,
unless otherwise provided in the Law;
(4) reproducing and distributing or communicating to the public
on an information network a sound recording or video recording produced
by another person, without the permission of the producer, unless
otherwise provided in the Law;
(5) broadcasting and reproducing a radio or television program produced
by a radio station or television station without the permission
of the radio station or television station, unless otherwise provided
in this Law;
(6) intentionally circumventing or destroying the technological
measures set by a right holder for protecting the
copyright or copyright-related rights in his work, sound recording
or video recording, without the permission of the copyright owner,
or the owner of the copyright-related rights, unless otherwise provided
in law or in administrative regulations;
(7) intentionally deleting or altering the electronic right management
information of a work, sound recording or video recording, without
the permission of the copyright owner or the owner of a copyright-related
right thereof, unless otherwise provided in law or in administrative
regulations; or
(8) producing or selling a work where the signature of another is
counterfeited.
Article 48 Where a copyright or a copyright-re1ated right
is infringed, the infringer shall compensate for the actually loss
suffered by the right holder; where the actual loss is difficult
to compute, the damages shall be paid on the basis of the unlawful
income of the infringer. The amount of damages shall also include
the appropriate fees paid by the right holder to seek the infringing
act to be ceased.
Where the right holder's actual loss or infringer's Unlawful income
cannot be determined, the People's Court shall judge the damages
not exceeding RMB 50,000.00 depending on the circumstances of the
infringing act.
Article 49 A copyright owner or owner of a copyright-related
right who has evidence to prove that another person is committing
or will commit an act of infringing his right, which is likely to
cause irreparable harm to his legitimate rights and interests if
the act is not checked or prevented from occurring in time, may,
before instituting legal proceedings, request the People's Court
to adopt measures for ordering cessation of the related act and
the preservation of property.
The provisions of Articles 93 to 96 and 99 of the Civil Procedure
Law of the People's Republic of China shall apply when the People's
Court handles the request referred to in the preceding paragraph.
Article 50 For the purpose of preventing an infringing act
and under the circumstance where the evidence is likely to be lost
or difficult to obtain afterwards, the copyright owner or the owner
of a copyright-related right may, before initiating legal proceedings,
request the People's Court for evidence preservation.
The People's Court shall make the decision within forty-eight hours
after it receives a request; the measures of preservation shall
be taken without delay if it is decided to do so.
The People's Court may order the requestor to provide a guaranty,
if the latter fails to do so, the Court shall reject the request.
Where the requestor fails to institute legal proceedings within
fifteen days after the People's Court adopted the measures of preservation,
the Court shall terminate the measures of preservation.
Article 51 The People's Court hearing a case may confiscate
the unlawful income, infringing reproductions and materials used
for committing the illegal act of infringement of copyright or copyright-related
rights.
Article 52 The publisher or producer of a reproduction who
cannot prove that his publication or production has been authorized,
the distributor of a reproduction or the renter of the reproduction
of a cinematographic work, a work created by virtue of an analogous
method of film production, computer software, sound recording or
video recording who cannot prove that his distributed or rented
reproduction has been from a legitimate source, shall bear legal
liability.
Article 53 A party who fails to fulfill his contractual obligations,
or executes them in a manner that is not in conformity with the
agreed conditions of the contract, shall bear civil liability in
accordance with the relevant provisions of the General Principles
of the Civil Law of the People's Republic of China, the Contract
Law of the People's Republic of China and other relevant laws and
regulations.
Article 54 A dispute over copyright may be settle by mediation,
or also submitted for arbitration to a copyright arbitration body
under a written arbitration agreement or under the arbitration clause
in the contract concluded between the parties.
Any party may institute proceedings directly in the People's Court
in the absence of a written arbitration agreement or in the absence
of an arbitration clause in the contract.
Article 55 Any party who is not satisfied with an administrative
penalty may institute proceedings in the People's Court within three
months from the date of receipt of the written decision on the penalty.
If a party neither institutes legal proceedings nor implements the
decision within the time limit, the copyright administration department
concerned may apply to the People's Court for enforcement.
TOP
Chapter VI Supplementary Provisions
Article 56 For the purposes of this Law,
the terms "zhuzuoquan" is "banquan"2.
Article 57 "publication" referred to in Article
2 of this Law means the reproduction and distribution of a work.
Article 58 Regulations for the protection of computer software
and the right of communication of information on network shall be
established separately by the State Council.
Article 59 The rights of copyright owners, publishers, performers,
producers of sound recordings and video recordings, radio stations
and television' stations as provided for in this Law, of which the
term of protection specified in this Law has not yet expired on
the date of this Law's entry into force, shall be protected in accordance
with this Law.
Any infringements of copyright and the copyright-related rights
or breaches of contract committed prior to the entry into force
of this Law shall be dealt with under the relevant regulations or
policies in force at the time when the act was committed.
Article 60 This Law shall enter into
force on June 1, l99l.
_________________________________________________________________________________
Note:
1. Quyi refers to such traditional art forms as ballad singing,
story telling, comic dialogues, clapper talks and cross talks.
2. Zhuzuoquan corresponds to "author's right", but literally
translated as "right in a work"; "banquan" is
the literal translation of "copyright".
TOP
|