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 l 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) photograPh1c 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
ArticIe 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 paraphraphs (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;
(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.
Source: Ministry of Science and Technology