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Laws & Regulations
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 7 September
1990, and revised in accordance with the Decision on the
Amendment of the Copyright Law of the People's Republic
of China adopted at the 24th Session of the Standing Committee
of the Ninth National People's Congress on 27 October 2001.)
CHAPTER I General Provisions
Article 1. This Law is enacted, in accordance with the
Constitution, for the purposes of protecting the copyright
of authors in their literary, artistic and scientific
works and the copyright-related rights and interests,
of encouraging the creation and dissemination of works
which would contribute to the construction of socialist
spiritual and material civilisation, and of promoting
the development and prosperity of the socialist culture
and science.
Article 2. Works of Chinese citizens, legal entities or
other organisations, whether published or not, shall enjoy
copyright in accordance with this Law.
Any work of a foreigner or stateless persons which is
eligible to enjoy copyright under an agreement concluded
between the country to which the foreigner belongs or
in which he has habitual residence and China, or under
an international treaty to which both countries are party,
shall be protected in accordance with this law.
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 conclud an agreement with China, or which is not
a party to an international treaty with China or a statelss
person first published in a 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, quyi1, choreographic works;
(4) works of fine art and architecture;
(5) photographic works;
(6) cinematographicworks 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 shall not be applicable to:
(1) 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 reigon.
Article 8. The copyright owners and copyright-related
right holders may authorise an organisation for collective
administration of copyright to exercise the copyright
or any copyright-related right. After authorisation, the
organisation 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 organisation for collective administration of copyright
is a non-profit organisation. 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 Rights
Article 9. The term "copyright owners" shall include:
(1) authors;
(2) other citizens, legal entities and other organisations
enjoying copyright in accordance with this Law.
Article 10. The term "copyright" shall include the following
personality 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 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 authorise 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 through sale or other transfer of ownership;
(7) the right of rental, that is, the right to authorise,
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 virtue of an analogous method
of film production through film projectors, over-head
projectors or any other technical devices;
(11) the right of broadcast, that is, the right to broadcast
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 loud speaker 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 authorise 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 organisation, such legal entity or organisation
shall be deemed to be the author of the work.
The citizen, legal entity or other organisation 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 virtue of an analogous method of film
production shall be enjoyed by the producer of the work,
but the scriptwriter, director, cameraman, lyricist, composer,
cameraman 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 fulfilment
of tasks assigned to him by a legal entity or other organisation
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 organisation 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 organisation, authorise a third party
to exploit the work in the same way as the legal entity
or other organisation 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 organisation 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 resources of the legal entity or other organisation
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 organisation.
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 organisation, the rights under Articles 10, paragraphs
(5) to (17), of this Law, shall, after the change or the
termination of the status of the legal entity or other
organisation, during the term of protection provided for
in this Law, be enjoyed by the succeeding legal entity
or other organisation which has taken over the former's
rights and obligations, or, in the absence of such successor
entity or other organisation, by the State.
Section 3 Term of Protection for Rights
Article 20. The rights of authorship, alteration and integrity
of an author shall be unlimited in time.
Article 21. The term of protection for the right of publication
and the rights referred to in Article 10, 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 organisation or in
respect of a work created in the course of employment
where the legal entity or other organisation 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 fifty
years after the completion of its creation shall no longer
be protected under this Law.
The term of protection for the right of publication or
the rights referred to in Article 10, 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 31 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:
(1) 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 for the purpose of reporting
current events;
(4) reprinting by newspapers or periodicals, or rebroadcasting
by radio stations or television stations, 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 organisation 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 authorisation 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:
(1) 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, paragraph (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 shall
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 contract.
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
31 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 organiser organises a performance, the organiser
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
(1) to claim performership;
(2) to protect the image inherent in his performance from
distortion;
(3) to authorise others to make live broadcasts and public
transmission of its or his performance and to receive
remuneration;
(4) to authorise others to make sound recordings and video
recordings, and to receive remuneration therefor.
(5) to authorise others to reproduce or distribute sound
recordings and video recordings incorporating his performance,
and to receive remuneration therefor; and
(6) to authorise others to communicate his performance
to the public on information network, and to receive remuneration
therefor.
The person so authorised 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 the 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 regulations; 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 authorise 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 therefor. The term of
protection of such rights shall be fifty years, and expires
on 31 December of the fiftieth year after the recording
was first produced.
Any one who is authorised 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 prescribed 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
authorisation 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 videographic work produced by
another person shall obtain permission from, and pay remuneration
to, the producer of the cinematographic or videographic
work; the station that broadcasts a videographic work
produced by another person shall obtain permission from
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
person;
(5) plagiarising 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 analogous method of
film production, computer software, sound recording or
video recording or the owner of a copyright-related right,
unless otherwise provided in this Law.
(9) exploiting the typographic arrangement of a book or
periodical without the permission of the publisher.
(10) broadcasting live a performance or communicating
the live performance to the public, or recording his performance
without the permission of the performer; or
(11) committing any other act of infringement of copyright
and of other rights and interests relating to copyright.
Article 47. Anyone who commits any of the following acts
of infringement shall bear civil liability for such remedies
as ceasing the infringing act, eliminating the effects
of the act, making an apology or paying damages, depending
on the circumstances, and may, in addition, be subjected
by a copyright administration department to such administrative
penalties as ceasing the infringing act, confiscating
unlawful income from the act, confiscating and destroying
infringing reproductions and imposing a fine; where the
circumstances are serious, the copyright administration
department may also confiscate the materials, tools, and
equipment mainly used for making the infringing reproductions;
and if the act constitutes a crime, the infringer shall
be prosecuted for his criminal liability:
(1) reproducing, distributing, performing, showing, broadcasting,
compiling or communicating to the public on an information
network a work created by another person, without the
permission of the copyright owner, unless otherwise provided
in this Law;
(2) publishing a book where the exclusive right of publication
belongs to another person;
(3) reproducing and distributing a sound recording or
video recording of a performance, or communicating to
the public his performance on an information network without
the permission of the performer, unless otherwise provided
in the Law;
(4) reproducing and distributing or communicating to the
public on an information network a sound recording or
video recording produced by another person, without the
permission of the producer, unless otherwise provided
in the Law;
(5) broadcasting and reproducing a radio or television
program produced by a radio station or television station
without the permission of the radio station or television
station, unless otherwise provided in this Law;
(6) intentionally circumventing or destroying the technological
measures taken by a right holder for protecting the copyright
or copyright-related rights in his work, sound recording
or video recording, without the permission of the copyright
owner or the owner of the copyright-related rights, unless
otherwise provided in law or in administrative regulations;
(7) intentionally deleting or altering the electronic
right management information of a work, sound recording
or video recording, without the permission of the copyright
owner or the owner of a copyright-related right, unless
otherwise provided in law or in administrative regulations;
or
(8) producing or selling a work where the signature of
another is counterfeited.
Article 48. Where a copyright or a copyright-related 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 500,000 yuan
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 afterwards, 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 authorised, 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 fulfil 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 settled by
mediation. It 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 VI 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,
1991.
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