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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.)
TABLE OF CONTENTS
Chapter I General Provisions
Chapter II Copyright
Chapter III Copyright Licensing and Assignment Contracts
Chapter IV Publication, Performance, Sound Recording, Video Recording
& Broadcasting
Chapter V Legal Liabilities and Enforcement Measures
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted, in accordance with the Constitution,
for the 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 ccordance
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) photographic 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:
(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 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:
(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 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
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 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 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 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:
(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
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:
(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, 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 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
(1) 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 paragraphs (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 recordings 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;
or
(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.
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 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.
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