Copyright Law of the People’s Republic of China
(Adopted at the Fifteenth Session of the Standing Committee of the Seventh National People's Congress on September 7, 1990 and amended in accordance with the “Decisions on Amending the Copyright Law of the People’s Republic of China” made at the Twenty-fourth Session of the Standing Committee of the Ninth National People's Congress on October 27, 2001)
Contents
Chapter I General Provisions
Chapter II Copyright
赞美老师的诗Section 1 Copyright Owners and Their Rights
Section 2 Ownership of Copyright
Section 3 Term of Protection
Section 4 Limitations on Rights
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Chapter III Contracts of Copyright Licensing and Contracts of Copyright Transfer
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 Law Enforcement Measures
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted, in accordance with the Constitution for the purpos of protecting the copyright of authors in their literary, artistic and scientific works and rights related to copyright, of encouraging the creation and dismination of works which would contribute to the construction of s
ocialist spiritual and material civilization, and of promoting the development and flourishing of socialist culture and sciences.
Article 2 Works of Chine 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 enjoys copyright under an agreement concluded between the country to which the author belongs or in which the author permanently resides and China, or under an international treaty to which both countries are parties, shall be protected by this Law.
Any work of a foreigner or stateless person published for the first time and within the territory of China shall enjoy copyright in accordance with this Law.
Any work of an author from a country not having concluded an agreement with China or entered into an international treaty jointly with China or of a stateless person, which is published for the first time in a country as a member of the international treaty into which China has entered or published in a member country and non- member country at the same time, shall be protected by this Law.
Article 3 “Works” mentioned in this Law shall include works of literature, art, natural science, social science, engineering technology and the like made in the following forms:
(1) written works;
(2) oral works;
(3) musical, dramatic, quyi*, choreographic and acrobatic art works;
(4) works of fine art and architecture
(5) photographic works;
(6) cinematographic works and works created in a way
similar to cinematography
春语(7) drawings of engineering designs and product designs, maps, sketches and other graphic works as well as model works;
(8) computer software;
(9) other works as provided in laws and administrative regulations.
Article 4 Works the publication or dismination of which is prohibited by law shall not be protected by this law.
梦见女尸Copyright owners, in exercising their copyright, shall not violate the Constitution or laws or infringe upon the public interests.
Article 5 This Law shall not be applicable to:
(1) laws, regulations, resolutions, decisions and orders of state organs; other documents of legislative, administrative or judicial nature; and their official translations;
(2) news on current affairs;
(3) calendars, numerical tables, forms of general u and formulas.
Article 6 Regulations for the protection of copyright in expressions of folklore shall be parately established by the State Council.
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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 or municipality directly under the Central Government shall be responsible for the administration of copyright within its own jurisdiction.
Article 8 Copyright owners and the obligees related to copyright may authorize a collective management organization of copyright to exerci the copyright or the rights related to copyright. The collective management organization of copyright may, after being authorized, claim rights in its own name for the copyright owners and the obligees related to copyright, and may, as a party concerned, participate in the litigation and arbitration activities involved with copyright or the rights related to copyright.
A collective management organization of copyright shall be a non-profit organization, and the method of its establishment, its rights and obligations, the collection and distribution of the royalty for copyright licensing, as well as the supervision and management over it shall be parately provided by the State Council.
Chapter II Copyright
Section 1 Copyright Owners and Their Rights
Article 9 “Copyright owners” shall include:
(1) authors;
(2) other citizens, legal entities and organizations enjoying copyright in accordance with this Law.
Article 10 “Copyright” shall include the following personal rights and property rights:
(1) the right of publication, that is, the right to decide whether to male 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 the work by means of printing, Xeroxing, rubbing, sound recording, video recording, duplicating, or re-shooting, etc.;
(6) the right of distribution, that is, the right to provide the public with original copies or reproduced copies of works by means of lling or donating;
(7) the right of lea, that is, the right to nongratuitously permit others to temporarily exploit a cinematographic work, a work created in a way similar to cinematography or computer software, unless the computer software is not the main object under the lea;
(8) the right of exhibition, that is, the right to publicly display the original copies or reproduced copies of works of fine art and cinematographic works;
(9) the right of performance, that is, the right to publicly perform works, and to publicly transmit the performance of works by various means;
(10) the right of projection, that is, the right to make, by such technical equipment as projector, episcope, etc., the works of fine art, photographic works, cinematographic works and works created in a way similar to cinematography, etc. reappear publicly;
(11) the right of broadcasting, that is, the right to publicly broadcast or disminate works by wireless means, to disminate broadcast works to the public by wired dismination or rebroadcast, and to disminate broadcast works to the public by audio amplifier or other similar instruments for transmission of signs, sounds or images;
(12) the right of information network dismination, that is, the right to provide the public with works by wired or wireless means, so as to make the public able to respectively obtain the works at the individually lected time and place;
cf连跳(13) the right of production, that is, the right to fix works on the carrier by cinematography or in a way similar to cinematography;
(14) the right of adaptation, that is, the right to modify a work for the purpo of creating a new work of original creation;
(15) the right of translation, that is, the right to transform the language of a work into another language;
(16) the right of compilation, that is, the right to choo or edit some works or fragments of works so as to form a new work;
(17) other rights which shall be enjoyed by the copyright owners.
A copyright owner may permit others to exerci the rights provided in Items (5) through (17) of the preceding paragraph, and may receive remuneration as agreed upon in the contract or in accordance with the relevant provisions in this Law.
A copyright owner may wholly or partially transfer the rights provided in Items (5) through (17) of Paragraph 1 of this Article, and may receive remuneration as agreed upon in the contract or in accordance with the relevant provisions in this Law.
Section 2 Ownership of Copyright
Article 11 Except otherwi provided in this Law, the copyright in a work shall belong to its author.
The author of a work is the citizen w
ho has created the work.
Where a work is created according to the intention and under the supervision and responsibility of a legal entity or another organization, such legal entity or organization shall be the author of the work.
The citizen, legal entity or organization who name is affixed to a work shall, without the contrary proof, be the author of the work.
Article 12 Where a work is created by adaptation, translation, annotation or arrangement of a pre-existing work, the copyright in the work thus created shall be enjoyed by the adapter, translator, annotator or arranger, provided that the copyright in the original work is not infringed upon.
Article 13 Where a work is created jointly by two or more co-authors, the copyright in the work shall be enjoyed jointly by tho 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 parated into independent parts and exploited parately, each co-author shall be entitled to independent copyright in the parts that he has created, provided that the exerci of such copyright does not infringe upon the copyright in the joint work as a whole.
Article 14 A work created by compilation shall refer to the work which is compiled of some works, fragments of works or the data or other materials not constituting a work, and the choice or layout of the contents of which embodies the original creation. The copyright of the compilation work shall be enjoyed by the compiler, provided that the exerci of such copyright does not infringe upon the cop
yright of the pre-existing works included in the compilation.
Article 15 The copyright of a cinematographic work or a work created in a way similar to cinematography shall be enjoyed by the producer, while any of the playwright, director, cameraman, words-writer, compor and other authors of the work shall enjoy the right of authorship, and shall be entitled to obtain remuneration as agreed upon in the contract between him and the producer.
The authors of the screenplay, musical works and other works that are included in a cinematographic work or a work created in a way similar to cinematography and can be exploited parately shall be entitled to exerci their copyright independently.
Article 16 A work created by a citizen when fulfilling the tasks assigned to him by a legal entity or another organization shall be deemed to be a rvice work. Unless otherwi provided in Paragraph 2 of this Article, the copyright of such a work shall be enjoyed by the author, but the legal entity or 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 connt of the legal entity or organization, authorize a third party to exploit the work in the same way as the legal entity or organization does.
In the following cas
es the author of a rvice work shall enjoy the right of authorship, while the legal entity or organization shall enjoy other rights included in the copyright and may reward the author:
(1) drawings of engineering designs and product designs, maps, computer software and other rvice works, which are created mainly with the materials and technical resources of the legal entity or organization and under its responsibility;
(2) rvice works of which the copyright is, in accordance with the laws or administrative regulations or as agreed upon in the contract, enjoyed by the legal entity or organization.
Article 17 The ownership of copyright in a commissioned work shall be agreed upon in a contract between the commissioning and the commissioned parties. In the abnce of such 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 another work shall not be deemed to include the transfer of the copyright in such a work, however, 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 of a work belongs to a citizen, his rights in respect of the work as provided in Items (5) through (17) of Paragraph 1 of Article 10 of this Law shall, after his death, during the term of protection provided in this Law, be transferred in accordance with the Inheritance Law.
Where the copyright of a work belongs to a legal entity or another organization, its rights in respect of the work as provided in Items (5) through (17) of Paragraph 1 of Article 10 of this Law shall, after the change or the termination of the status of the legal entity or organization, during the term of protection provided in this Law, be enjoyed by the succeeding legal entity or organization which has taken over the rights and obligations of the previous legal entity or organization, or, in the abnce of such succeeding legal entity or organization, by the State.
Section 3 Term of Protection
法国可丽饼Article 20 The rights of authorship, alteration and integrity of an author shall be unlimited in time.
Article 21 In respect of a work of a citizen, the term of protection of the right of publication and of the rights provided in Items (5) through (17) of Paragraph 1 of 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 deat
h. In the ca 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 of the right of publication and of the rights provided in Items (5) through (17) of Paragraph 1 of Article 10 of this Law where the copyright belongs to a legal entity or another organization, or in respect of a rvice work where the legal entity or organizat
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