|
(Adopted at the Fifteenth Session of the Standing
Committee of the Seventh National People's Congress
on 7 September 1990, and revised in accordance
with the Decision on the Amendment of the Copyright
Law of the People's Republic of China adopted
at the 24th Session of the Standing Committee
of the Ninth National People's Congress on 27
October 2001.)
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 Works of Chinese citizens, legal entities
or other organizations, whether published or
not, shall enjoy copyright 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 internationa1
treaty to which both countries are party, shall
be protected in accordance with this Law.
Works of foreigners or stateless persons first
published in the territory of the People's Republic
of China shall enjoy copyright 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 or 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 copyright,
shall not violate the Constitution or laws or
prejudice the public interests.
Article 5 This Law shal1 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 affairs; 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.
Chapter II Copyright
Section 1 Copyright Owners and Their
Right
Article 9 The term "copyright owners" shall
include:
(1) authors;
(2) other citizens, legal entities and other
organizations enjoying copyright 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 the work;
(3) the right of alteration, that is, the right
to alter or authorize others to alter one's
work;
(4) the right of integrity, that is, the right
to protect one's 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, 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 other
transfer of ownership;
(7) the right of rental, that is, the right
to authorize, with payment, others to temporarily
use 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 publicly display the original or reproduction
of a work of fine art and photography;
(9) the right of performance, that is, the right
to publicly perform a work and publicly broadcast
the performance of a work by various means;
(10) the right of showing, that is, the right
to show 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 publicly broadcast 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 change a work to create a new work of originality;
(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 reason of 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.
Section 2 Ownership of Copyright
Article 11 Except where otherwise provided in
this Law, the copyright in a work shall belong
to its author.
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 a work of compilation shall be
enjoyed by the compiler, provided that the exercise
of such copyright shall not prejudice the copyright
in the preexisting 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 to him by a legal
entity or other organization shall be deemed
to be a work created in the course of employment.
The copyright in such work shall be enjoyed
by the author, subject to 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 professional activities.
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.
In any of the following cases the author of
a work created in the course of employment 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 and maps, computer software and other
works 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 a contract
or of an explicit agreement in the contract,
the copyright in such a work shall belong to
the commissioned party.
Article 18 The transfer of ownership of the
original copy of a work of fine art, or other
works, 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 right of exploitation and
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.
Section 3 Term of Protection for Rights
Article 20 The rights of authorship, alteration
and integrity of an author shall be unlimited
in time.
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 31 December
of the fiftieth year after the death of the
author. In the case of a work of joint authorship,
such term shall expire on 31 December 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
created in the course of employment where the
legal entity or other organization enjoys the
copyright (except the right of authorship),
shall be fifty years, and expires on 31 December
of the fiftieth year after the first Publication
of such work, provided that any such work that
has not been published within t1tty years after
the completion of its creation shall no longer
be protected under this Law.
The term of protection for the right of publication
or protection for the right of publication or
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 3l
December 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.
Section 4 Limitations on Rights
Article 22 In the following cases, a work may
be exploited 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) use of a published work for the purposes
of the user's own private study, research or
self-entertainment;
(2) appropriate quotation 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) reuse or citation, for any unavoidable reason,
of a published work in newspapers, periodicals,
at radio stations, television stations or any
other media for the purpose of reporting current
events;
(4) reprinting by newspapers or periodicals,
or rebroadcasting by radio stations, television
stations, or any other media, of 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 reprinting and
rebroadcasting is not permitted;
(5) publication in newspapers or periodicals,
or broadcasting by radio stations, television
stations or any other media, of a speech delivered
at a public gathering, except where the author
has declared that the publication or broadcasting
is not permitted;
(6) translation, or reproduction in a small
quantity of copies, of a published work for
use by teachers or scientific researchers, in
classroom teaching or scientific research, provided
that the translation or reproduction shall not
be published or distributed;
(7) use of a published work, within proper scope,
by a State organ for the purpose of fulfilling
its official duties;
(8) reproduction of 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) free-of-charge live performance of a published
work and said performance neither collects any
fees from the members of the public nor pays
remuneration to the performers;
(10) copying, drawing, photographing or video
recording of an artistic work located or on
display in an outdoor public place;
(11) translation of 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) transliteration of a published work into
Braille and publication of the work so transliterated.
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.
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, with remuneration
paid according to the regulations, 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.
Chapter III Copyright Licensing and
Assignment Contracts
Article 24 Subject to provisions in
this Law according to which no permission is
needed, anyone who exploits a work created by
others shall conclude a contract with, or otherwise
obtain permission from, the copyright owner.
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
contract.
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 may also be 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
or integrity, or their right to remuneration.
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 shall have the exclusive
right to publish the work delivered to him by
the copyright owner for publication. The exclusive
right to publish a work enjoyed by the book
publisher specified in the
contract shall be protected by law, and the
work may not be published by others.
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
specified 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.
Except where the copyright owner has declared
that reprinting or excerpting is not permitted,
other newspaper or periodical publishers may,
after the publication of the work by a newspaper
or periodical, 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, arrangement
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, arrangement or compilation
and the owners of the copyright in the original
works.
Article 35 A publisher has the right to license
or prohibit any other person to use the typographical
arrangement 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 3l December of the tenth
year after the first publication of the books
or periodicals using the typographical arrangement.
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, arrangement
or compilation of preexisting works, the performer
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, arrangement or compilation
and the owners of the copyright in the original
works.
Article 37 A performer shall, in relation to
his performance, enjoy the right
(l) to claim performer ship;
(2) to protect the image inherent in his performance
from distortion;
(3) to authorize others to make live broadcasts
and public transmission of its or his performance
and to receive remuneration;
(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
his performance, and to receive remuneration
therefore; and
(6) to authorize others to communicate his 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 paragraphs
(3) to (6) shall obtain permission from, and
pay remuneration to, the copyright owner.
Article 38 The term of protection for the rights
provided for in Article 37, paragraphs (1) and
(2), of this Law shall not be subject to any
limitation.
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
31 December of the fiftieth year after the performance
was made.
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 both obtain permission from, and pay remuneration
to the owner of the copyright in the work created
by adaptation, translation, annotation or arrangement
and to the owner of the copyright in the original
work.
A producer of sound recordings who exploits
a music work another person has duly made 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 3l December 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 or video recording
shall also obtain permission from, and pay remuneration
to, the copyright owner and the performer as
presented by regulations.
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,
does not need a permission from, but shall pay
remuneration to, the copyright owner, except
that the interested parties have agreed otherwise.
The specific procedures for treating the matter
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 authorization therefrom:
(1) to rebroadcast its broadcast radio or television
program; and
(2) to fix its broadcast radio or television
program on a sound recording or video recording
carrier and to reproduce the 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 31 December 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 obtain permission of, and pay remuneration
to, the copyright owner.
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;
(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 as prescribed by
regulations;
(8) rending a work, sound recording or video
recording, without the permission of the copyright
owner of a cinematographic work, a work created
by virtue of an analogous method of film production,
computer software, sound recording or video
recording or the owner of a copyright-related
right 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
his 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, showing,
broadcasting, compiling or communicating to
the public on an information network a work
created by another person, without the permission
of the copyright owner, unless otherwise provided
in this Law;
(2) publishing a book where the exclusive right
of publication 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 taken 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, 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 injury suffered by the right
holder; where the actual injury 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
stop the infringing act.
Where the right holder's actual injury or infringer's
Unlawful income cannot be determined, the People's
Court shall Judge the damages not exceeding
RMB 500, 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 establish that another
person is committing or will commit an act of
infringing his right, which could cause irreparable
injury to his legitimate rights and interests
if the act is not stopped immediately, may apply
to the People's Court for ordering cessation
of the related act and for taking the measures
for property preservation before instituting
legal proceedings.
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 application referred to in the preceding
paragraph.
Article 50 For the purpose of preventing an
infringing act and under the circumstance where
the evidence could be lost or is difficult to
obtain at1erwards, the copyright owner or the
owner of a copyright-related right may apply
to the People's Court for evidence preservation
before initiating legal proceedings.
The People's Court must make the decision within
forty-eight hours after it accepts an application;
the measures of preservation shall be taken
without delay if it is decided to do so.
The People's Court may order the applicant to
provide a guaranty, if the latter fails to do
so, the Court shall reject the application.
Where the applicant fails to institute legal
proceedings within fifteen days after the People's
Court adopted the measures of preservation,
the latter 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 lawful 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. lt may also be submitted for arbitration
to a copyright arbitration body under a written
arbitration agreement concluded between the
parties or under the arbitration clause in the
contract.
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.
Chapter Vl Supplementary Provisions
Article 56 For the purposes of this
Law, the terms "zhuzuoquan"2 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.
----------------------------------
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".
|
