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Laws & Regulations
Implementing Regulations of the Copyright Law of the People's Republic
of China
Article 1. These Implementing Regulations (hereinafter referred
to as these Regulations) are formulated pursuant to the Copyright Law
of the Peoplelic Republic of China (hereinafter referred to as the Copyright
Law).
Article 2. The term "works" used in the Copyright Law shall
mean original intellectual creations in the literary, artistic and scientific
domain, insofar as they are capable of being reproduced in a certain
tangible form.
Article 3. The term "creation" mentioned in the Copyright Law
shall mean intellectual activities from which literary, artistic and
scientific works are directly derived.The provision of administrative
support, consultations, material means or other supporting services
for others in their creative activities shall not be deemed as acts
of creation.
Article 4. The works as mentioned in the Copyright Law and
these Regulations shall mean the following:(1) written works are works
expressed in written form, such as novels, poems, essays and theses;(2)
oral works are works which are created in spoken words, such as impromptu
speeches, lectures and court debates;(3) musical works are such works
as songs and symphonic works, with or without accompanying words, which
can be sung or performed;(4) dramatic works are such works as dramas,
operas and local art forms which are used for stage performance;(5)
"quyi" works include such works as "xiangsheng" (cross talk), "kuaishu"
(clapper talk), "dagu" (ballad singing with drum accompaniment) and
"pingshu" (story-telling based on classical novels), which are all used
mainly for being performed in a way involving recitation, singing or
both;(6) choreographic works are works which express ideas and emotions
through successive body movements, gestures and facial movements and
expressions;(7) works of acrobatic art are acrobatic, magic and circus
works, which are, or can be, expressed in body movements and artistry.(8)
works of fine art are two-dimensional or three-dimensional works created
in lines, colours or other media which, when being viewed, impart aesthetic
effect, such as works of painting, calligraphy and sculpture;(9) architectural
works are aesthetic works, which are, and can be, expressed in architectural
or constructional form;(10) photographic works are artistic works created
by recording images of existing things of people on light-sensitive
materials or other media with the aid of devices;(11) cinematographic
works and works created by virtue of analogous methods of film production
are works which are recorded on some medium consisting of a series of
images, with or without accompanying sounds, and which can be projected
with the aid of suitable devices or communicated by other means;(12)
graphic works are drawings of engineering designs and product deigns
for the purpose of actual construction or manufacture, and maps and
sketches showing geographic phenomena and demonstrating the fundamentals
or structure of a thing or an object;(13) model works are three-dimensional
works made according to the shape and structure, and in a certain scale,
of an object for the purpose of exhibition, experimentation, observation
or measurement.
Article 5. The terms as mentioned in the Copyright
Law and in these Regulations shall mean the following:(1) news on current
events refers to the mere facts or happenings reported by the mass media,
such as newspapers, periodicals and radio and television stations;(2)
sound recordings refer to the recordation of any sounds of performance
and other sounds;(3) video recordings refer to the recordation of a
series of related images, with or without accompanying sounds, other
than cinematographic works or works created by virtue of analogous methods
of film production;(4) producer of a sound recording refers to the first
person who makes the sound recordings;(5) producer of a video recording
refers to the first person who makes the video recordings;(6) performer
refers to an actor, performing organization or any other person who
performs literary and artistic works.
Article 6. Copyright shall be generated on the date
when the creation of a work is completed.
Article 7. Copyright in the works of foreigners or
stateless persons first published in the territory of China as provided
for in
Article 2, paragraph three, of the Copyright Law shall be under the
protection beginning on the date of publication.
Article 8. Where works of foreigners or stateless persons
first published outside the territory of China and published in the
territory of China within thirty days, the works shall be deemed to
have been simultaneously published in the territory of China.
Article 9. Where a jointly created work can not be
used separately, the copyright shall be jointly enjoyed by, and exercised
through consultation among, the co-authors. Where they fail to reach
an agreement, nor do they have justified reasons for the failure, any
party should not hinder any of the other parties from exercising all
the rights, except the right of assignment. However, the income made
shall be fairly distributed between or among the co-authors.
Article 10. Where the copyright owner has authorized
others to make cinematographic works and works created by virtue of
analogous methods of film production, it is deemed that he has permitted
them to make necessary alteration of his works, insofar as such alteration
does not distort or mutilate the original work.
Article 11. The "assigned tasks" in the provision of
Article 16, paragraph one of the Copyright Law, which relates to works
created in the course of employment, shall refer to duties which citizens
should perform in the legal entity or organization.The "material and
technical resources" used for the creation of works in the course of
employment in the provision of
Article 16, paragraph two of the Copyright Law refer to fund, equipment
or reference material which the legal entity or organization has provided
the citizens to accomplish the creation.
Article 12. During the two years after the completion
of a work created in the course of employment, the author, with the
consent of the legal entity or organization, authorizes a third party
to exploit the work in the same way as the legal entity and receives
remuneration, the remuneration shall be distributed between the author
and the entity or organization at an agreed ratio.The time limit of
two years after the completion of the creation of a work shall be calculated
from the date on which the author thereof delivers the work to the entity.
Article 13. In the case of a work of an unknown author,
the copyright, except the right of authorship, shall be exercised by
the owner of the original of the work. Where the author has been identified,
the copyright shall be exercised by the author or his heir in title.
Article 14. In the case where one of the co-authors
of a work of joint authorship dies without heir in title or other behested
beneficiary of the rights owned by him according to Article 10, paragraph
one (5~17), of the Copyright Law, the rights shall be exercised by the
other co-authors.
Article 15. The right of authorship, the right of revision
and the right of integrity shall, after the death of the author, be
protected by the heir in title and other behested beneficiary.In the
absence of an heir in title or other behested beneficiary, the right
of authorship, the right of revision and the right of integrity shall
be protected by the copyright administrative departments.
Article 16. The exploitation of works the copyright
of which is owned by the State shall be administered by the copyright
administrative department under the State Council.
Article 17. In the case of posthumous works, the right
of publication may be exercised by the authorlic heir in title or other
behested beneficiary within a period of fifty years after the death
of the author, unless the author had expressly stated otherwise. In
the absence of an heir in title or other behested beneficiary, the said
right shall be exercised by the owner of the original of the work.
Article 18. In the case of a work of an unknown author,
the term of protection in relation to the rights provided for in Article
10, paragraph one (5~17), of the Copyright Law, shall be fifty years
ending on December 31 of the fiftieth year after the first publication
of the work. Article 21 of the Copyright Law shall be applicable after
the author of the work has been identified.
Article 19. Any person who exploits a work created
by another person shall indicate the name of the author and title of
the work, except otherwise agreed between interested parties or otherwise
impossible to do so due to the special characteristic of the way the
work is exploited.
Article 20. A published work as mentioned in the Copyright
Law refers to a work which has been made available to the public by
the copyright owner himself or by authorization.
Article 21. Where any person exploits, according to
the relevant provisions of the Copyright Law, a published work that
may be exploited without the authorization of the copyright owner, he
shall not affect the normal exploitation of the work, nor unreasonably
prejudice the legitimate interests of the copyright owner.
Article 22. The standard of remuneration for exploitation
of works under Article 23, Article 32, paragraph two, and Article 39,
paragraph three, of the Copyright Law shall be formulated and published
by the copyright administrative department under the State Council in
conjunction with the competent price administrative department under
the State Council.
Article 23. Licensing contracts shall be concluded
with copyright owners when exploiting works of other persons. Where
the right licensed is an exclusive licensing right, the contracts shall
be made in writing, except in cases where works are to be published
by newspapers and periodicals.
Article 24. The contents of the exclusive licensing
right provided for in Article 24 of the Copyright Law shall be agreed
in contract. Where no such contractual agreement is made or the agreement
is not clear, it shall be deemed that the licensee has the right to
exclude any other person, including the copyright owner, to exploit
the work in the same way. Except otherwise agreed, a licensee who licenses
a third party to exercise the same right must be authorised by the copyright
owner.
Article 25. Any person, who concludes an exclusive
licensing contract or assignment contract with a copyright owner, may
submit, for filing, the contractual documents to the copyright administrative
department.
Article 26. Rights and interests related to copyright,
as mentioned in the Copyright Law and these Regulations, mean the right
enjoyed by publishers in the layout design of their publications, the
right enjoyed by performers in their performances, the right enjoyed
by producers of audio and video recordings in their products and the
right enjoyed by radio and television stations in their broadcasts.
Article 27. Publishers, performers, producers of audio
and video recordings and radio and television stations, in the course
of exercising their rights, shall not prejudice the rights of the copyright
owners of the works being used and of the original works.
Article 28. Where it is agreed in a book publishing
contract that the publisher enjoys the exclusive publishing right, but
the contents of the right is not clearly defined, it shall be deemed
that the publisher enjoys the exclusive right to publish in the same
language of the original edition or revised edition of the book within
the term of validity of the contract and in the geographic area agreed
under the contract.
Article 29. The state of being out of print in relation
to a work mentioned in Article 31 of the Copyright Law shall be established
where two orders sent by the author to the publisher, are not fulfilled
within six months.
Article 30. To declare that the reprinting of his work
in whole or in part is not permitted pursuant to
Article 32, paragraph two, of the Copyright Law, the copyright owner
shall make a statement to that effect at the same time when the work
is first published in a newspaper or a periodical.
Article 31. To declare that the producing of sound
recording products of his work is not permitted pursuant to Article
39, paragraph three, of the Copyright Law, the copyright owner shall
make a statement to this effect at the same time when the sound-recording
products of the work are legitimately produced.
Article 32. Any person who exploits a work of another
person according to the provisions of
Article 23, Article 32, paragraph two, and Article 39, paragraph three,
of the Copyright Law shall pay remuneration to the copyright owner within
two months from the date of exploitation of the work.
Article 33. Performance by foreign or stateless performers
in the territory of China shall be protected by the Copyright Law.The
right enjoyed by foreign or stateless performers in their performance
pursuant to the international treaties to which China has acceded shall
be protected by the Copyright Law.
Article 34. Audio and video recordings produced and
distributed in the territory of China by foreign or stateless producers
shall be protected by the Copyright Law.The right enjoyed by foreign
or stateless producers in their audio and video recordings produced
and distributed in the territory of China shall be protected by the
Copyright Law.
Article 35. The right enjoyed by foreign radio and
television organizations in their broadcasts pursuant to the international
treaties to which China has acceded shall be protected by the Copyright
Law.
Article 36. In respect of infringement of copyright,
with injury to the social and public interests, as enumerated in Article
47 of the Copyright Law, the copyright administrative departments may
impose a fine not exceeding three times the amount of illegal business
turnover. Where it is difficult to calculate the amount of illegal business
turnover, it may impose a fine of no more than RMB 100,000 yuan.
Article 37. The copyright administrative departments
under the local governments shall be responsible for investigating and
handling infringements of copyright, with injury to the social and public
interests, as enumerated in Article 47 of the Copyright Law.The copyright
administrative department under the State Council may investigate and
handle copyright infringements that are of nationwide influence.
Article 38. These Implementing Regulations shall enter
into force on 15 September 2002. The Implementing Regulations of the
Copyright Law of the Peoplelic Republic of China as approved by the State
Council on 24 May 1991 and promulgated by the National Copyright Administration
on 30 May 1991 shall be simultaneously abrogated.
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