中文版 Homepage Favorite
     
Home
About Dahe
Services
Experience
Laws & Regulations
IP Events
Download
Contact us
焦点图
wenzi
  Download
IP Enforcement Service
Click Download
General Overview
Click Download
 

Tel: 86-20-28871820

Fax: 86-20-28871830

Contact Person: Mr.Wang

 
Copyright  
 
Copyright Law of the People’s Republic of China

Order of the President of the People’s Republic of China No. 26

The  Decision  of  the  Standing  Committee  of  the  National  People’s  Congress  on
Amending the Copyright Law of the People’s Republic of China, adopted at the 13th
Meeting of the Standing Committee of the Eleventh National People’s Congress on
February 26, 2010, is hereby promulgated and shall go into effect as of April 1, 2010.

Hu Jintao
President of the People’s Republic of China

February 26, 2010

Copyright Law of the People’s Republic of China

(Adopted at the  15th Meeting of the Standing Committee of the Seventh National
People’s Congress on September 7, 1990; amended for the first time according to the
Decision on Amending the Copyright Law of the People’s Republic of China at the 24th
Meeting of the Standing Committee of the Ninth National People’s Congress on October
27, 2001; and amended for the second time according to the Decision on Amending the
Copyright Law of the People’s Republic of China at the 13th Meeting of the Standing
Committee of the Eleventh National People’s Congress on February 26, 2010)

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 the Rights Section 4    Limitations on Rights
Chapter III Copyright Licensing and Transfer 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 Recording and Video Recording
Section 4 Broadcasting by a Radio Station or Television Station Chapter V    Legal Liabilities and Enforcement Measures
Chapter VI    Supplementary Provisions

Chapter I
General Provisions

Article 1    This Law is enacted, in accordance with the Constitution, for the purpose of
protecting the copyright of authors in their literary, artistic and scientific works and the
rights and interests related to copyright, encouraging the creation and dissemination of
works conducive to the building of a socialist society that is advanced ethically and
materially, and promoting the progress and flourishing of socialist culture and sciences.
Article 2    Chinese citizens, legal entities or other organizations shall, in accordance with this Law, enjoy the copyright in their works, whether published or not.
The copyright enjoyed by foreigners or stateless persons in any of their works under an agreement concluded between China and the country to which they belong or in which they  have  their  habitual  residences,  or  under  an  international  treaty  to  which  both countries are parties, shall be protected by this Law.
Foreigners and stateless persons whose works are first published in the territory of China shall enjoy the copyright in accordance with this Law.

Any work of an author of a country that has not concluded any agreement with China or that is not a party to any international treaty to which China is a party and any work of a stateless person, which is first published in a member country of an international treaty to which China is a party, or simultaneously published in a member country of the treaty and in a non-member country, shall be protected by this Law.

Article  3    For purposes of this Law, the term  “works” includes, among other things, works of literature, art, natural sciences, social sciences, engineering and technology, which are created in any of the following forms:

(1) written works;
(2) oral works;
(3) musical, dramatic, quyi, choreographic and acrobatic works;
(4) works of the fine arts and architecture;
(5) photographic works;
(6) cinematographic works and works created by a process analogous to cinematography;
(7) graphic works such as drawings of engineering designs and product designs, maps and
 sketches, and model works;
(8) computer software; and
(9) other works as provided for in laws and administrative regulations.

Article  4    Copyright holders shall not violate the Constitution or laws or jeopardize public interests when exercising their copyright. The State shall supervise and administrate the publication and dissemination of works in accordance with the law.

Article 5    This Law shall not be applicable to:

(1)  laws  and  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    Measures for the protection of copyright in works of folk literature and art shall be formulated separately by the State Council. 

Article 7    The administrative department for copyright under the State Council shall be responsible  for  the  administration  of  copyright  nationwide.  The  administrative departments for copyright under the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the administration of copyright in their respective administrative regions.

Article  8    Copyright  owners  or  owners  of  the  rights  related  to  the  copyright  may
authorize collective copyright administration organizations to exercise their copyright or
rights related to the copyright. Upon authorization, a collective copyright administration organization may exercise the copyright or the rights related to the copyright in its own name for the copyright owner or the owner of the rights related to the copyright and participate as a party in legal or arbitration proceedings concerning the copyright or the rights related to the copyright.
Collective  copyright  administration  organizations  are  non-profit  organizations,  and regulations concerning the way of their establishment, their rights and obligations, their collection  and  distribution  of  copyright  licensing  fees,  and  their  supervision  and administration shall be formulated separately by the State Council.
Chapter II
Copyright


Section 1
Copyright Owners and Their Rights

Article 9    Copyright owners include:

(1) authors; and
(2)  other  citizens,  legal  entities  and  other  organizations  enjoying  the  copyright  in  accordance with this Law.


Article 10    Copyright includes the following personal rights and property rights:

(1) 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 in respect of, and to have
 the author’s name mentioned in connection with, a work;
(3) the right of revision, that is, the right to revise or authorize others to revise 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, or duplicating a photographic work, or by other means;
(6) the right of distribution, that is, the right to provide the original copy or reproductions
 of a work to the public by selling or donating;
(7)  the  right  of  rental,  that  is,  the  right  to  authorize  others  to  use  temporarily  a
 cinematographic work or a work created by a process analogous to cinematography, or
 computer software, except where the software itself is not the essential object of the
 rental;
(8) the right of exhibition, that is, the right to publicly display the original copy or
 reproductions of a work of the fine arts or of a photographic work;
(9) the right of performance, that is, the right to publicly perform a work, and to publicly
 communicate the performance of a work by any means or process;
(10) the right of presentation, that is, the right to publicly present a work of the fine arts, a
 photographic work, a cinematographic work, a work created by a process analogous to
 cinematography, or other works, by projector, slide projector or any other technology
 or instrument;
(11) the right of broadcasting, that is, the right to broadcast a work or disseminate it to the
 public by any wireless means, to communicate the broadcast of a work to the public by wire or by rebroadcasting, and to publicly communicate the broadcast of a work by
loudspeaker or any other analogous instrument transmitting signs, sounds or images;
(12) the right of communication through information network, that is, the right to make a
 work available to the public by wire or by wireless means, so that people may have
 access to the work from a place and at a time individually chosen by them;
(13) the right of cinematography, that is, the right to fix an adaptation of a work in a
 medium by cinematography or a process analogous to cinematography;
(14) the right of adaptation, that is, the right to change a work into a new one with
 originality;
(15) the right of translation, that is, the right to change the language in which the work is
 written into another language;
(16) the right of compilation, that is, the right to compile by selection or arrangement
 preexisting works or passages therefrom into a new work; and
(17) other rights to be enjoyed by copyright owners.

Copyright  owners  may  authorize  others’  exercising  of  the  rights  provided  for  in
Subparagraph  (5) through Subparagraph  (17) of the preceding paragraph and receive
remuneration in accordance with the terms of contracts or the relevant provisions in this
Law.

Copyright owners may transfer, wholly or in part, the rights provided for in Subparagraph
(5) through Subparagraph (17) of the first paragraph in this Article and receive fees in accordance with the terms of contracts or the relevant provisions in this Law.

Section 2
Ownership of Copyright

Article 11    Except where otherwise provided for in this Law, the copyright in a work shall belong to its author.

The author of a work is the citizen who creates the work.

Where a work is created under the auspices and according to the intention of a legal entity or other organization, which bears responsibility for the work, the said 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 does not prejudice the copyright in the preexisting work.
Article 13    Where a work is created jointly by two or more authors, the copyright in the work shall be enjoyed jointly by the co-authors. No co-authorship may be claimed by anyone who has not participated in the creation of the work.

Where a work of joint authorship can be separated into parts and exploited separately, each co-author may be entitled to independent copyright in the part that he creates, provided that the exercise of such copyright does not prejudice the copyright in the joint work as a whole.

Article 14    A collection of preexisting works or passages therefrom, or of data or other material which does not constitute a work, if manifesting the originality of a work by reason of the selection or arrangement of its contents, is a compilation. The copyright in such compilation shall be enjoyed by the compiler, provided that the exercise of such copyright does not prejudice the copyright in the preexisting works.

Article 15    The copyright in a cinematographic work or in a work created by a process analogous to cinematography shall be enjoyed by the producer of the work, while its scriptwriter, director, cameraman, lyricist, composer and other authors shall enjoy the right of authorship therein and shall be entitled to receive remuneration in accordance with the terms of the contracts concluded between them and the producer.

The authors of the script, the musical works and the other works which are included in a cinematographic work or in a work created by a process analogous to cinematography and which  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 is a work created in the course of employment. Subject to the provisions of the second paragraph of this Article, the copyright in such work shall be enjoyed by the author; however, the legal entity or other organization shall have priority to exploit the work within the scope of its professional activities. Within two years after the completion of the work, the author may not, without the consent of the legal entity or other organization, authorize the exploitation of the work by a third party in the same manner as the legal entity or other organization exploits the work.
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, maps, computer software and
 other works which are created in the course of employment mainly with the material
 and technical resources of the legal entity or other organization and for which the legal
 entity or other organization bears responsibility;
(2) works created in the course of employment the copyright in which 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 a contract or of an explicit agreement in such a 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 the fine arts or other works shall not be deemed to include the transfer of the copyright in such work or works; however, the right to exhibit the original copy of the work of the fine arts shall be enjoyed by the owner of the original copy.

Article 19    Where the copyright in a work belongs to a citizen, the rights as provided for
in Subparagraph (5) through Subparagraph (17) of the first paragraph in Article 10 of this
Law in respect of the work shall, after his death and during the term of protection provided
for in this Law, be transferred in accordance with the provisions of the Law of Succession.

Where the copyright in a work belongs to a legal entity or other organization, the rights
provided for in Subparagraph (5) through Subparagraph (17) of the first paragraph in
Article 10 of this Law shall, after the change or the termination of the status of the legal
entity or other organization and during the term of protection provided for in this Law, be
enjoyed by the succeeding legal entity or other organization which takes over the former’s
rights and obligations, or, in the absence of such succeeding entity or organization, by the
State.

Section 3
Term of Protection for the Rights

Article 20    No time limit shall be set on the term of protection for an author’s rights of authorship and revision and his right to protect the integrity of his work.

Article  21    In respect of a work of a citizen, the term of protection for the right of publication and the rights as provided for in Subparagraph (5) through Subparagraph (17) of the first paragraph in Article 10 of this Law shall be the lifetime of the author and fifty years after his death, expiring on December 31 of the fiftieth year after his death. In the case of a work of joint authorship, the term shall expire on December 31 of the fiftieth year after the death of the last surviving author.

In respect of a work of a legal entity or other organization or a work which is created in the course of employment and the copyright (except the right of authorship) in which is enjoyed by a legal entity or other organization, the term of protection for the right of publication and the rights as provided for in Subparagraph (5) through Subparagraph (17) of the first paragraph in Article 10 of this Law shall be fifty years, expiring on December 31 of the fiftieth year after the first publication of such work; however, such work shall no longer be protected under this Law if it is not published within fifty years after the completion of its creation.

In  respect  of  a  cinematographic  work,  a  work  created  by  a  process  analogous  to
cinematography or a photographic work, the term of protection for the right of publication
and the rights as provided for in Subparagraph (5) through Subparagraph (17) of the first
paragraph in Article 10 of this Law shall be fifty years, expiring on December 31 of the
fiftieth year after the first publication of such work; however, such work shall no longer be
protected under this Law if it is not published within fifty years after the completion of its
creation.


Section 4
Limitations on Rights

Article 22    In the following cases, a work may be used 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 are mentioned and the other rights enjoyed by the copyright owner in accordance with this Law are not prejudiced:

(1) use of another person’s published work for purposes of the user’s own personal study,
 research or appreciation;
(2) appropriate quotation from another person’s published work in one’s own work for the
 purpose of introducing or commenting a certain work, or explaining a certain point;
(3) unavoidable inclusion or quotation of a published work in the media, such as in a
 newspaper, periodical and radio and television program, for the purpose of reporting
 current events;
(4) publishing or rebroadcasting by the media, such as a newspaper, periodical, radio
 station  and  television  station,  of  an  article  published  by  another  newspaper  or
 periodical, or broadcast by another radio station or television station, etc. on current
 political, economic or religious topics, except where the author declares that such
 publishing or rebroadcasting is not permitted;
(5) publishing or broadcasting by the media, such as a newspaper, periodical, radio station
 and television station of a speech delivered at a public gathering, except where the
 author declares that such publishing or broadcasting is not permitted;
(6) translation, or reproduction in a small quantity of copies of a published work by
 teachers or scientific researchers for use in classroom teaching or scientific research,
 provided that the translation or the reproductions are not published for distribution;
(7) use of a published work by a State organ to a justifiable extent 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, etc. for the purpose of display, or preservation of a copy, of the work;
(9) gratuitous live performance of a published work, for which no fees are charged to the
 public, nor payments are made to the performers;
(10) copying, drawing, photographing or video-recording of a work of art put up or
 displayed in an outdoor public place;
(11) translation of a published work of a Chinese citizen, legal entity or other organization from Han language into minority nationality languages for publication and distribution in the country; and
(12) transliteration of a published work into braille for publication.

The provisions of the preceding paragraph shall be  applicable also to the rights of publishers, performers, producers of sound recordings and video recordings, radio stations and television stations.

Article  23    Except where the author declares in advance that use of his work is not permitted, passages from a work, a short written work, musical work, a single work of the fine arts or photographic work which has been published may, without permission from the  copyright  owner,  be  compiled  in  textbooks  for  the  purpose  of  compiling  and publishing textbooks for the nine-year compulsory education and for national education planning, provided that remuneration is paid, the name of the author and the title of the work are mentioned, and the other rights enjoyed by the copyright owner in accordance with this Law are not prejudiced.

The provisions of the preceding paragraph 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 Transfer Contracts

Article  24    Anyone who exploits another person’s work shall conclude a copyright
licensing contract with the copyright owner, except where no permission need be obtained
under this Law.


A licensing contract shall include the following main points:

(1) the category of the right to exploit 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 territory and the term covered by the license;
(4) the rates of remuneration and the means of payment;
(5) the liabilities in the case of breach of the contract; and
(6) other matters which the parties consider it necessary to agree upon.

Article 25    Anyone who transfers any of the rights provided for in Subparagraph (5) through Subparagraph (17) of the first paragraph in Article 10 of this Law shall conclude a written contract.


A copyright transfer contract shall include the following main points:

(1) the title of the work;
(2) the category of the right to be transferred and the territory covered by the transfer;
(3) the rates of the transfer fee;
(4) the date and the means of payment of the transfer fee;
(5) the liabilities in the case of breach of the contract; and
(6) other matters that the parties consider it necessary to agree upon.

Article 26    Where a copyright is pledged, both the pledger and pledgee shall undergo the formalities for registration with the copyright administration department under the State Council.
Article  27    The other party may not, without permission from the copyright owner,
exercise any right that is not explicitly licensed or transferred by the copyright owner in
the contract.


Article 28    The rates of remuneration for the exploitation of a work may be agreed upon by  the  parties  and  may  also  be  paid  in  accordance  with  the  rates  fixed  by  the administrative department for copyright under the State Council in conjunction with the other departments concerned. In the absence of an explicit agreement in the contract, the remuneration shall be paid in accordance with the rates fixed by the said department under the State Council in conjunction with the other departments concerned.

Article  29     No  publishers,  performers,  producers  of  sound  recordings  and  video
recordings, radio stations, television stations, etc. that exploit another person’s work in
accordance with the relevant provisions of this Law may infringe upon the authors’ rights of authorship, revision or protection of the integrity of the works, or their right to remuneration.


Chapter IV
Publication, Performance, Sound Recording,
 Video Recording and Broadcasting


Section 1
Publication of Books, Newspapers and Periodicals

Article 30    A book publisher who intends to publish a book shall conclude a publishing contract with, and pay remuneration to, the copyright owner.

Article 31    The exclusive right enjoyed by the book publisher in accordance with the agreement in the contract to publish a work that the copyright owner delivered to him for publishing shall be protected by law, and the work may not be published by others.
Article 32    The copyright owner shall deliver the work within the term specified in the contract. The book publisher shall publish the work in compliance with the quality requirements and within the term as specified in the contract.

The book publisher who fails to publish the work within the term specified in the contract shall bear civil liabilities provided for in Article 53 of this Law.

When the book publisher reprints or republishes the work, it shall notify the copyright owner of the matter and pay remuneration to him. If the publisher refuses to reprint or republish the work when the stock of the book is exhausted, the copyright owner shall have the right to terminate the contract.

Article  33    Where a copyright owner has submitted the manuscript of his work to a
newspaper or periodical publisher for publication and has not received, within 15 days
from the newspaper or within 30 days from the periodical publisher, counted from the date
of submission of the manuscript, any notification of the said newspaper’s or 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 publishing, unless the parties have
agreed otherwise.

Except where the copyright owner declares that no reprinting or excerpting of his work is permitted, a newspaper or periodical publisher may, after the work is published by another newspaper or periodical publisher, reprint the work or print an abstract of it or print it as reference  material,  provided  that  remuneration  is  paid  to  the  copyright  owner  in accordance with relevant regulations.
Article 34    A book publisher may, with the permission of the author, revise or abridge the work.
A newspaper or periodical publisher may make editorial modifications and abridgments in the language of a work. Any revision in the contents of the work shall be subject to permission by the author.


Article  35    When  publishing  a  work  created  by  adaptation,  translation,  annotation, arrangement or compilation of a preexisting work, the publisher shall obtain permission from, and pay remuneration to, both the owner of the copyright in the work created by adaptation, translation, annotation, arrangement or compilation and the owner of the copyright in the preexisting work.
Article  36    A publisher shall have the right to permit another person to exploit, or
prohibit  such  person  from  exploiting,  the  typographical  design  of  the  book  or  the
periodical which he publishes.
The term of protection for the right specified in the preceding paragraph shall be ten years, expiring on December 31 of the tenth year after the first publication of the book or the periodical in which the typographical design is used.


Section 2 Performance

Article 37    A performer (an individual performer or a performing group) who exploits,
for a performance, a work created by another person shall obtain permission from, and pay
remuneration to, the copyright owner. Where a performance is organized by a person, the
organizer shall obtain permission from, and pay remuneration to, the copyright owner.

Anyone who exploits, for a performance, a work created by adaptation, translation,
annotation or arrangement of a preexisting work shall obtain permission from, and pay
remuneration to, both 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.


Article 38    A performer shall, in respect of his performance, enjoy the following rights:


(1) to claim performership;

(2) to protect the image inherent in his performance from distortion;
(3)  to  authorize  others’  live  broadcasting  or  communicating  to  the  public  of  his
 performance, and receive remuneration therefrom;
(4)  to  authorize  others’  making  of  sound  recordings  and  video  recordings  of  his
 performance, and receive remuneration therefrom;
(5) to authorize others’ reproduction and distribution of the sound recordings and video
 recordings of his performance, and receive remuneration therefrom; and
(6)  to  authorize  others’ making  of  his  performance  available  to  the  public  through
 information network, and receive remuneration therefrom.
A person  who  is  authorized  exploitation  of  a  work  in  the  manner  provided  for  in Subparagraph (3) through Subparagraph (6) of the preceding paragraph shall, in addition, obtain permission from, and pay remuneration to, the copyright owner.

Article 39    No time limit shall be set on the term of protection for the rights provided for in Subparagraphs (1) and (2) of the first paragraph in Article 37 of this Law.


The  term  of  protection  for  the  rights  provided  for  in  Subparagraph  (3)  through
Subparagraph (6) of the first paragraph in Article 37 of this Law shall be fifty years, expiring on December 31 of the fiftieth year after the performance takes place.


Section 3
Sound Recording and Video Recording

Article 40    A producer of sound recordings or video recordings who exploits, for making a sound recording or video recording, 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 from, and pay remuneration to, both 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, for making a sound recording, a musical work of which a lawful sound recording has been made, may do without permission from the copyright owner, but shall, in accordance with regulations, pay remuneration to the copyright owner; no such work may be exploited where the copyright owner declares that exploitation is not permitted.
Article 41    When making a sound recording or video recording of a performance, the producer shall conclude a contract with, and pay remuneration to, the performer.

Article 42    The producer of a sound recording or video recording shall enjoy the right to authorize  others’ reproducing,  distributing  or  renting  the  sound  recording  or  video recording or making it available to the public through information network and to receive remuneration therefrom. The term of protection for such right shall be fifty years, expiring on December 31 of the fiftieth year after the first completion of the recording.

Anyone  who  is  authorized  reproducing  or  distributing  a  sound  recording  or  video recording or making it available to the public through information network shall, in addition, obtain permission from, and pay remuneration to, both the copyright owner and the performer.


Section 4
Broadcasting by a Radio Station or Television Station

Article  43    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 may do without permission from, but shall pay remuneration to, the copyright
owner.
Article  44    A radio  station  or  television  station  that  broadcasts  a  published  sound
recording may do without permission from, but shall pay remuneration to, the copyright
owner, unless the parties have agreed otherwise. Specific measures in this regard shall be formulated by the State Council.
Article  45    A radio station or television station shall have the right to prohibit the
following acts performed without its permission:
(1) broadcasting its programs; and
(2) making a sound recording or video recording of its programs and reproducing such
 recording.

The term of protection for the right specified in the preceding paragraph shall be fifty years, expiring on December  31 of the fiftieth year after the first broadcasting of a program.

Article 46    A television station that intends to broadcast a cinematographic work or a work created by a process analogous to cinematography, or a video recording produced by another person, shall obtain permission from, and pay remuneration to, the producer; in the case of a video recording, the television station shall, in addition, obtain permission from, and pay remuneration to, the copyright owner.


Chapter V
Legal Liabilities and Enforcement Measures

Article  47    Anyone  who  commits  any  of  the  following  acts  of  infringement  shall,
depending on the circumstances, bear civil liabilities such as ceasing the infringement,
eliminating the bad effects of the act, making an apology or paying compensation for
damages:


(1) publishing a work without permission of the copyright owner;
(2) publishing a work of joint authorship as a work created solely by oneself, without
 permission of the other co-authors;
(3) having one's name mentioned in another person’s work in the creation of which one
 has taken no part, in order to seek personal fame and gain;
(4) distorting or mutilating a work created by another person;
(5) plagiarizing a work created by another person;
(6)  exploiting  a  work  for  exhibition  or  film-making  or  in  a  manner  analogous  to
 film-making, or for adaptation, translation, annotation, or for other purposes, without
 permission of the copyright owner, except where otherwise provided for in this Law;
(7) exploiting a work created by another person without paying remuneration as one
 should;
(8)  renting  a  cinematographic  work  or  a  work  created  by  a  process  analogous  to
 cinematography, computer software, or products of sound recording or video recording,
 without permission of the copyright owner or the owner of the rights related to the
 copyright, except where otherwise provided for in this Law;
(9)  exploiting  the  typographical  design  of  a  published  book  or  periodical,  without
 permission of the publisher;
(10) live broadcasting, communicating to the public, or recording a performance, without
 permission of the performer; or
(11) committing other acts infringing upon the copyright and the rights related to the copyright.

Article  48    Anyone  who  commits  any  of  the  following  acts  of  infringement  shall,
depending on the circumstances, bear civil liabilities such as ceasing the infringement, eliminating the bad effects of the act, making an apology or paying compensation for
damages; where public rights and interests are impaired, the administrative department for
copyright may order the person to discontinue the infringement, confiscate his unlawful
gains, confiscate or destroy the copies produced through infringement, and may also
impose a fine; where the circumstances are serious, the said department may, in addition,
confiscate the material, tools and instruments mainly used to produce copies through
infringement; and where a crime is constituted, criminal liabilities shall be investigated in
accordance with law:

(1) reproducing, distributing, performing, presenting, broadcasting, compiling a work or
 making it available to the public through information network, without permission of
 the copyright owner, except where otherwise provided for in this Law;
(2) publishing a book the exclusive right of publication in which is enjoyed by another
 person;
(3) reproducing or distributing a sound recording or video recording of a performance, or
 making a performance available to the public through information network, without
 permission of the performer, except where otherwise provided for in this Law;
(4) reproducing or distributing a product of sound recording or video recording or making
 it available to the public through information network, without permission of the
 producer, except where otherwise provided for in this Law;
(5) rebroadcasting a radio or television program or reproducing such a program without
 permission, except where otherwise provided for in this Law;
(6) intentionally circumventing or sabotaging the technological measures adopted by a
 copyright owner or an owner of the rights related to the copyright to protect the
 copyright or the rights related to the copyright in the work or the products sound
 recording or video recording, without permission of the owner, except where otherwise
 provided for in laws or administrative regulations;
(7)  intentionally  removing  or  altering  any  electronic  rights  management  information
attached to a copy of a work, a product of sound recording or video recording, etc.
without permission of the copyright owner or the owner of the rights related to the copyright, except where otherwise provided for in this Law; or
(8) producing or selling a work the authorship of which is counterfeited.

Article 49    Anyone who infringes upon the copyright or a right related to the copyright shall pay compensation for the actual losses suffered by the right owner, or where the actual losses are difficult to calculate, pay compensation to the amount of the unlawful gains of the infringer. The compensation shall include the reasonable expenses that the right owner has paid for putting a stop to the infringement.

Where the actual losses of the right owner or the unlawful gains of the infringer cannot be determined, the People’s Court shall, in light of the circumstances of the infringement, decide on a compensation amounting to not more than 500,000 RMB yuan.

Article 50    Where a copyright owner or an owner of a right related to the copyright who can present evidence to prove that another person is committing, or is about to commit, an infringement  upon  his  right,  which,  unless  prevented  promptly,  is  likely  to  cause irreparable  harm  to  his  legitimate  rights  and  interests,  he  may,  before  taking  legal proceedings, apply to a People’s Court for measures to order discontinuation of the infringement and to preserve property.
When dealing with the application specified in the preceding paragraph, the People’s Court shall apply the provisions in Article 93 through Article 96 and Article 99 of the Civil Procedure Law of the People’s Republic of China.

Article 51    In order to prevent infringement, a copyright owner or an owner of a right
related to the copyright may, before taking legal proceedings, apply to a People’s Court for
preserving evidence, where the evidence is likely to be missing or is difficult to obtain
later.


After accepting the application, the People’s Court shall make a ruling within 48 hours.

Where  it  rules  to  adopt  preservation  measures,  it  shall  have  the  measures  enforced immediately.

The People’s Court may order the applicant to provide a guarantee, and shall reject the application where the applicant fails to do so.

Where the applicant fails to take legal proceedings within  15 days from the date the People’s Court adopts the preservation measure, the People’s Court shall terminate the measure.
Article 52    When trying a case where the copyright or a right related to it is infringed upon, the People’s Court may rule to confiscate the unlawful gains, the products of infringement and money and things of value used for illegal activities.

Article  53    A publisher or a producer of reproductions who fails to prove that he is legally  authorized  publishing  or  producing  of  the  reproductions,  or  a  distributor  of reproductions or a renter of reproductions of a cinematographic work or a work created by a process analogous to cinematography, computer software, sound recording or video recording who fails to prove the legal source of the reproductions that he distributes or rents, shall bear legal liabilities.

Article 54    Any party who fails to perform his contractual obligations, or performs them
at  variance with  the  agreed  conditions  in  the  contract,  shall  bear  civil  liabilities  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
related laws.

Article 55    Any dispute over copyright may be settled through mediation, it may also be submitted to an arbitration body for arbitration under a written arbitration agreement between the parties or under the arbitration clause in the copyright contract.

Any party may take legal proceedings directly in a People’s Court where there is neither a
written arbitration agreement between the parties nor an arbitration clause in the contract.

Article 56    Any party that is not satisfied with an administrative penalty, may taking legal proceedings in a People’s Court within three months from the date he receives the written decision on the pen, alty. Where the party neither takes legal proceedings nor implements the decision at the expiration of the time limit, the administrative department for copyright may apply to the People’s Court for enforcement.


Chapter VI
Supplementary Provisions


Article 57    The  term  zhuzuoquan  (copyright)  as  used  in  this  Law  means  banquan
commonly used in the country.

Article 58    The term publish as used in Article 2 of this Law means reproducing and distributing of a work.

Article  59    Measures  for  the  protection  of  computer  software  and  of  the  right  of
communication through information network shall be formulated separately by the State
Council.

Article 60    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, shall, if the term of their protection specified in this Law has not yet expired on the date this Law goes into effect, be protected in accordance with this Law.

Any act of tort or breach of contract committed prior to the date this Law goes into effect
shall be dealt with in accordance with the relevant regulations or policies in force at the time when such act was committed.


Article 61    This Law shall go into effect on June 1, 1991.

 



CLOSE】   

Guangzhou Dahe Intellectual Property Agency Co., Ltd.
 COPYRIGHT©2014 OOCC.COM.CN Registration Number:粤B2-20050324
Tel:86-20-28871820  Fax:86-20-28871830  Email:oocc@oocc.com.cn

Add: Rm.801-806, Building A, Zijin Tower, Guangzhou, Guangdong Province, China