Comparison on the Existing and Exposure Draft of China Copyright Law

edited by Bridge IP Law Commentary http://www.chinaiplawyer.com

You can also download the PDF Version of this article from this Link .

current statutory provision

articles of the revisions

  Chapter I General Provisions Chapter I General Provisions
Article1 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 1: In order to protect the copyright of creators of literary, artistic and scientific works, as well as the related rights of disseminators, encourage the creation and dissemination of works beneficial to the construction of a Socialist spiritual culture and material culture, and stimulate the development and flourishing of Socialist culture, science and economy, in accordance with the Constitution, this Law is formulated.
Article 2 Works of Chinese citizens, legal entities or other organizations, whether published or not, shall enjoy copyright in accordance with this Law.
Any work of a foreigner or stateless person which is eligible to enjoy copyright under an agreement concluded between the country to which the foreigner belongs or in which he has habitual residence and China, or under an internationa1 treaty to which both countries are party, shall be protected in accordance with this Law.
Works of foreigners or stateless persons first published in the territory of the People’s Republic of China shall enjoy copyright in accordance with this Law.
Any work of a foreigner who belongs to a country which has not concluded an agreement with China, or which is not a party to an international treaty with China or a stateless person first published in an country which is a party to an international treaty with China, or in such a member state or nonmember state, shall be protected in accordance with this Law.
Article 2: Works of Chinese natural persons, legal persons and other organizations, regardless of whether they are published or not, are protected by this Law.Works of foreigners and stateless persons are protected by this law on the basis of agreements concluded by their country of nationality or their country of habitual residence with China, or international treaties in which they participate together.Works of creators from countries not having concluded an agreement with China or not participating together in an international treaty or stateless persons are protected by this law where they are published first in a member state of an international treaty in which China participates, or simultaneously in member states and non-member states.

The page format design, performances, audio works and radio or television programmes of Chinese natural persons, legal persons or other organizations are protected by this Law.

The page format design, performances, audio works and radio or television works of foreigners and stateless persons, are protected by this law on the basis of agreements concluded by their country of nationality or their country of habitual residence with China, or international treaties in which they participate together.

To the right of pursuit, applied artworks, page format design and the rights provided in Article 25 as well as Article 36 of this Law of foreigners and stateless persons, reciprocal protection applies on the basis of the law of their country of nationality or their country of habitual residence.

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 3: Works as named in this law refers to intellectual achievements in the literary, artistic and scientific sphere, having originality, which can be fixed in some form.Works include the following categories:(1) literary works, meaning novels, poetry, prose, theses and other works expressed in written form;(2) oral works, meaning impromptu speeches, lessons, court arguments and other works expressed in spoken language;(3) music works, meaning songs, symphonies and other works that can be sung or performed, with lyrics or without lyrics;

(4) dramatic works, meaning plays, operas, local dramas and other works performed on stage;

(5) quyi works, meaning comic dialogue, clappertalk, drum ballads, storytelling and other works with talking and singing as main forms of expression;

(6) dance works, meaning works expressing thoughts and feelings through continuous motions, postures, facial expressions, etc;

(7) acrobatic art works, meaning acrobatics, magic, circus and other works expressed through physical motion and dexterity;

(8) fine artworks, meaning drawings, calligraphy, sculpture and other two-dimensional or three-dimensional plastic artworks constituted of lines, drawings or other forms, having an aesthetic sense;

(9) applied artworks, meaning artworks having a real purpose;

(10) architectural works, meaning works having an aesthetic sense, expressed in the form of buildings or constructions;

(11) photographic works, meaning artworks recording objective bodies the images of with the help of an apparatus on light-sensitive materials or other mediums;

(12) audiovisual works, meaning works fixed on a certain medium, composed of a series of images with accompanying sound or without accompanying sound, and screened with the help of technological equipment or disseminated in other ways;

(13) charts and graphs, meaning engineering and design drawings or product design drawings drawn for engineering or production, as well as maps, schematic diagrams and other works reflecting geographical phenomena, illustrating material principles or structures;

(14) model works, meaning solid works produced for the purpose of display, experimentation, observation, etc., on the basis of the form and structure of objects, according to a certain proportion;

(15) computer programmes, meaning codified instruction sequences for obtaining a certain kind of result, that can be implemented by computers and other devices with information processing capacities, or symbolized instruction sequences or symbolized phrase sequences that may be automatically transformed into code sequences, where the same computer programme source code and object code is the same work;

(16) other literary, artistic and scientific works.

Copyright comes into being from the date of completion of the work, no formality must be performed.

Article 4: Related rights as named in this law, refers to the rights that publishers enjoy over the page layout of books or periodicals that they publish, the rights that performers enjoy over their performances, the rights that audio work producers enjoy over the audio works they produced, and the rights that radio stations and television stations enjoy over the radio and television programmes they transmit.Related rights come into being from the date of first publication of books or periodicals using the page layout, the first performance occurs, audio works are produced for the first time and radio or television programmes are transmitted for the first time, no formality must be performed.
Article 4 Copyright owners, in exercising their copyright, may not violate the Constitution and the laws, and may not harm the public interest.The State conducts supervision and management over the dissemination of works according to the law. Article 5: Copyright holders exercising their copyright and related rights holders exercising their related rights may not violate the Constitution and the laws, and may not harm the public interest.The State conducts supervision and management over the dissemination of works according to the law.
Article 6: Copyright holders and related holders may register their copyright or related rights with the special registration organ established by the State Council administrative copyright management department. The registration documents are preliminary evidence for verification of the registered matter.Fees shall be paid for registration, fee collection standards are provided by the State Council administrative copyright management department together with the State Council pricing management department.Copyright and related rights registration management rules are formulated separately by the State Council administrative copyright management department.
Article 5 This Law shal1 not be applicable to:(l) laws; regulations; resolutions, decisions and orders of State organs; other documents of a legislative, administrative or judicial nature; and their official translations;(2) news on current affairs; and(3) calendars, numerical tables and forms of general use, and formulas. Article 7: Copyright protects expression, and does not extend to ideas, processes, principles, mathematical concepts, operational methods, etc.This Law does not apply to:(1) Laws and regulations, State organ resolutions, decisions, decrees and other documents having a legislative, administrative or judicial nature, and their official translations;(2) simple factual information reported through media such as newspapers, periodicals, radio stations, television stations, information networks, etc.;(3) calendars, common numeral tables, common forms and formulas.
Article 6 Regulations for the protection of copyright in expressions of folklore shall be established separately by the State Council. Article 8: Folk literature and art expression protection rules are formulated 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 9: The State Council administrative copyright management department is in charge of nationwide copyright and related rights management work; local People’s Government administrative copyright management departments are in charge of copyright and related rights management work in their administrative areas.
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 Chapter II: Copyright 
Section 1:Copyright Owners and Their Right Section I: Copyright holders and their rights 
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: Copyright holders include:(1) creators;(2) other natural persons, legal persons and other organizations enjoying copyright according to this law.
Article 10 The term “copyright” shall include the following personality rights and property rights:(l) the right of publication, that is, the right to decide whether to make a work available to the public;(2) the right of authorship, that is, the right to claim authorship and to have the author’s name mentioned in connection with the work;(3) the right of alteration, that is, the right to alter or authorize others to alter one’s work;(4) the right of integrity, that is, the right to protect one’s work against distortion and mutilation;

(5) the right of reproduction, that is, the right to produce one or more copies of a work by printing, photocopying, lithographing, making a sound recording or video recording, duplicating a recording, or duplicating a photographic work or by any other means;

(6) the right of distribution, that is, the right to make available to the public the original or reproductions of a work though sale or other transfer of ownership;

(7) the right of rental, that is, the right to authorize, with payment, others to temporarily use cinematographic works, works created by virtue of an analogous method of film production, and computer software, except any computer software that is not the main subject matter of rental;

(8) the right of exhibition, that is, the right to publicly display the original or reproduction of a work of fine art and photography;

(9) the right of performance, that is, the right to publicly perform a work and publicly broadcast the performance of a work by various means;

(10) the right of showing, that is, the right to show to the public a work, of fine art, photography, cinematography and any work created by analogous methods of film production through film projectors, over-head projectors or any other technical devices;

(11) the right of broadcast, that is, the right to publicly broadcast or communicate to the public a work by wireless means, to communicate to the public a broadcast work by wire or relay means, and to communicate to the public a broadcast work by a loudspeaker or by any other analogous tool used to transmit symbols, sounds or pictures;

(12) the right of communication of information on networks, that is, the right to communicate to the public a work, by wire or wireless means in such a way that members of the public may access these works from a place and at a time individually chosen by them;

(13) the right of making cinematographic work, that is, the right to fixate a work on a carrier by way of film production or by virtue of an analogous method of film production;

(14) the right of adaptation, that is, the right to change a work to create a new work of originality;

(15) the right of translation, that is, the right to translate a work in one language into one in another language;

(16) the right of compilation, that is, the right to compile works or parts of works into a new work by reason of the selection or arrangement; and

(17) any other rights a copyright owner is entitled to enjoy.

A copyright owner may authorize another person to exercise the rights under the preceding paragraphs (5) to (17), and receive remuneration pursuant to an agreement or this Law.

A copyright owner may assign, in part or in whole, the rights under the preceding paragraphs (5) to (17), and receive remuneration pursuant to an agreement or this Law.

Article 11: Copyright includes personal rights and property rights.The personal rights of copyright include:(1) the right of publication, being the right to decide whether or not to make the work known to the public;(2) the right to sign a name, being the right to decide whether or not to make the identity of the creator known as well as how to make the name of the creator known;(3) the right to protect the integrity of the work, being the right to revise the work as well as prohibit distortion or falsification of the work.

The property rights of copyright include:

(1) the right of reproduction, being the right to produce one or more copies of the work by printing, reprinting, recording, reproduction as well as digital and any other method;

(2) the right of distribution, being the right to provide the original work or reproductions thereof to the public through selling, donation or other ways of transferring ownership;

(3) the right of rental, being the right to permit other persons to temporarily use original audiovisual works, computer programmes or audio works containing works or reproductions thereof for payment, except where computer programmes are not the main object of rental;

(4) the right of exhibition, being the right to openly display original works of fine art, photographic works or copies thereof;

(5) the right of performance, being the right to openly perform the work in all sorts of ways, as well as to openly broadcast the work in all sorts of manners;

(6) the right of screening, being the right to openly represent fine art, cinematographic or audiovisual works through film projectors, slide projectors and other technological equipment;

(7) the right of transmission, being the right to transmit the work to the public or relay transmissions of the said work through wireless or cable means, as well as to relay transmissions of the said work to the public through technological means;

(8) the right of information network dissemination, being the right to provide the work to the public in an information network environment, through wireless or cable means, including direct broadcast, relay or making it possible for the public to obtain the work at an individually selected time and place;

(9) the right of film production, being the right to produce an audiovisual work of the work;

(10) the right of adaptation, being the right to transform the work into a new work of a different form or different category, other than an audiovisual work;

(11) the right of translation, being the right to translate the work from one spoken or written language into a different spoken or written language;

(12) the right of revision, being the right to conduct augmentation or deletion of computer programmes, or changing instruction or phrase sequences;

(13) the right of pursuit, being the right of creators or their heirs or legatees to, after an original fine artwork or photographic work, or the manuscript of creators or composers is transferred for the first time, share in the profit every time the original work manuscript is sold, the right of pursuit may not be transferred or renounced;

(14) other rights that copyright holders should enjoy.

Protection rules for the information network dissemination right and the right of pursuit are formulated separately by the State Council.

 

Section 2 Ownership of Copyright Section II: Copyright entitlement
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: Copyright belongs to the creator, except where this Law provides otherwise.The natural person creating a work is the creator.For works organized and invested in by legal persons or other organizations, created to represent the intention of legal persons or other organizations, published under the name of legal persons, other organizations or their representatives, and of which legal persons or other organizations bear responsibility, the legal person or other organization is considered as the creator.Where there is no evidence to the contrary, the natural person, legal person or other organization signing the work is considered as the creator. 
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: New works produced by using existing works through methods such as adaptation, translation, annotation, arrangement, etc., are derivative works, their copyright is enjoyed by the deriver.For using derivative works, the permission of the copyright holder of the derivative work and the copyright holder of the original work shall be obtained, and remuneration paid.
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: The copyright of works created in cooperation by two or more persons is jointly enjoyed by the creators. Persons not having participated in creation, cannot become cooperative creators.Where cooperative works may be used in portions, creators may enjoy copyright individually over the part they created, but may not hamper the regular use of the cooperative work in exercising their copyright.Where cooperative works cannot be used in portions, the copyright is enjoyed jointly by all creators, and exercise through unanimous consultation; where unanimous consultation cannot be reached, and there is no proper reason; no single party may obstruct other sides to use or permit other persons to use the cooperative works, but the income shall be reasonably divided between all cooperative creators.Where other persons infringe the copyright of cooperative works, any cooperative creator may raise a lawsuit in his own name, but compensation obtained shall be reasonably divided between all cooperative creators.
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: Works compiling numerous works, portions of works or data not constituting works or other materials, that reflect originality in their selection or arrangement of contents, are compilation works, their copyright is enjoyed by the compiler.For use of compilation works, permission from the copyright holder of the compilation work and the copyright holder of the original work shall be obtained, and remuneration paid.
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: If the parties have not agreed to the contrary in writing, the copyright of audiovisual work is enjoyed by the producer, but playwrights, directors, filmers, lyricists, composers and other creators enjoy the right to sign their name.Movie producers using scripts, music or other works to produce audiovisual works, shall obtain permission from the creator, and pay remuneration.Playwrights, lyricists, composers and other creators have the right to obtain reasonable remuneration from producers or other authorized persons using those audiovisual products, except where agreed otherwise in contract.Creators of scripts, music and other works in audiovisual works that can be used on their own, may exercise their copyright on their own, but may not hamper the regular use of the audiovisual work. 
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: Works created by employees in completing their work duties are professional works, their copyright entitlement is to be agreed upon by the parties.Where there is no agreement or the agreement is unclear, the copyright of professional work is enjoyed by the employee, but the copyright of engineering design drawings, product design drawings, computer programmes, works created by employees of news publishers or press agencies, as well as large-scale dictionaries and other works is enjoyed by the work units, and the creator enjoys the right to sign a name; where the copyright of professional work is enjoyed by employees, the work unit may use the said work in their professional scope free of charge.
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 copyright of works created on entrustment is to be agreed upon by the entrusting side and the side accepting entrustment.Where there is no agreement or the agreement is unclear, the copyright is enjoyed by side accepting entrustment, but the entrusting side may use said work within their professional scope free of charge.Where the parties have not agreed upon a scope of use, the entrusting side may use the said work within the scope of the specific objective for which the work was created free of charge.
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: Ownership transfer of the original copy of a work does not engender transfer of copyright.The owner of the original copy of fine artworks and photographic works may display the said original copy.When creators transfer the original copy of fine artworks and photographic works that has not been published to another person, display of the original copy of said work does not constitute infringement of the creator’s right of exhibition.
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. Article 20: After creators pass away, the right to sign a name and the right to preserve the integrity of the work in their copyright are protected by the heir or legatee of the creator.Where the are no persons to inherit copyright or no person to accept it as legacy, the right to sign a name and the right to preserve the integrity of the work are protected by the administrative copyright management department.
Article 21: For works not published during the creator’s lifetime, if the creator has not clearly indicated to not publish them, the right of publication is exercised by the heir or legatee for 50 years after the death of the creator; where there is no heir or legatee, the right to publication is exercised by the owner of the original copy of the work.
Article 22: Where copyright belongs to natural persons, after the natural person passes away, and the property rights in copyright are still within the term of protection provided in this Law, they are transferred according to the provisions of inheritance law.Where copyright belongs to legal persons or other organizations, after legal persons or other organizations change or terminate, and the property rights in copyright are still within the term of protection provided in this Law, they are enjoyed by the legal person or other organization taking over their rights and duties; where there is no legal person or other organization inheriting their rights and duties, they are enjoyed by the State.
Article 23: Where one cooperative creator passes away, and there is no one to inherit or no person to accept as legacy the property rights in copyright he enjoys in cooperative works, they are enjoyed by the other cooperative creators.
Article 24: Of works of which the identity of the creator is not clear, the copyright, apart from the right to sign a name, is exercised by the owner of the original copy of the work. After the identity of the creator is determined, the copyright is exercise by the creator or his heir.
Article 25: For the following works of which the term of protection has not expired, users may apply to use the works with the State Council administrative copyright management department after storing use fees:(1) those where the identity of the creator is unclear and the owner of the original copy cannot be found after thorough search; (2) where the identity of the creator is clear but he cannot be found after thorough search.Concrete matters for the above paragraph, are formulated separately by the State Council administrative copyright management department.
Section 3 Term of Protection for Rights Section III: Term of protection of copyright
Article 20 The rights of authorship, alteration and integrity of an author shall be unlimited in time. Article 26: The term of protection of the right to sign a name and the right to protect the integrity of the work is not subject to limits.
Article 21 The term of protection for the right of publication and the rights referred to in Article l0, paragraphs (5) to (17), of this Law in respect of a work of a citizen shall be the lifetime of the author and fifty years after his death, and expires on 31 December of the fiftieth year after the death of the author. In the case of a work of joint authorship, such term shall expire on 31 December of the fiftieth year after the death of the last surviving author.The term of protection for the right of publication and the rights provided for in Article 10, paragraphs (5) to (17), of this Law in respect of a work where the copyright belongs to a legal entity or other organization or in respect of a work created in the course of employment where the legal entity or other organization enjoys the copyright (except the right of authorship), shall be fifty years, and expires on 31 December of the fiftieth year after the first Publication of such work, provided that any such work that has not been published within t1tty years after the completion of its creation shall no longer be protected under this Law. The term of protection for the right of publication or protection for the right of publication or the rights referred to in Article l0, paragraphs (5) to (17), of this Law in respect of a cinematographic work, a work created by virtue of an analogous method of film production or a photographic work shall be fifty years, and expires on 3l December of the fiftieth year after the first publication of such work, provided that any such work that has not been published within fifty years after the completion of its creation shall no longer be protected under this Law. Article 27: For works of natural persons, the term of protection of the right of publication and the property rights in copyright is the life of the creator and fifty years after his death; if it is a cooperative work that cannot be divided in portions, the term of protection is calculated from the death of the last creator.For works of legal persons or other organizations, or professional works of which the copyright is enjoyed by legal persons or other organizations, the term of protection of the property rights in copyright is 50 years after the first publication, but where works have not been published for 50 years after completion of their creation, this Law no longer protects them.For audiovisual works, the term of protection of the property rights in copyright is 50 years after the first publication, but where works have not been published for 50 years after completion of their creation, this Law no longer protects them.For the works in Paragraphs II and III of this Article, the term of protection of the right of publication is 50 years, but where works have not been published for 50 years after completion of their creation, this Law no longer protects them.For applied artworks, the term of protection of the property rights in copyright is 25 years after the first publication, but where works have not been published for 25 years after completion of their creation, this Law no longer protects them; the term of protection of the right of publication is 25 years, but where works have not been published for 50 years after completion of their creation, this Law no longer protects them.

The term of protection as named in the previous five Paragraphs is to be calculated from 1 January of the year after the death of the creator, first publication of the corresponding work or completion of the creation of the work.

Article 28: For works where the identity of the creator is not clear, the term of protection of the property rights in copyright is 50 years, to be calculated from 1 January of the year after first publication of the said work. After the identity of the creator is determined, the provisions of Article 27 of this Law apply.

Chapter I: Related rights

Section I: Publishers
Article 29: Publishing as named in this law, refers to reproduction and distribution.Page format design as named in this Law, refers to the design of the layout pattern of books and periodicals, and includes the arrangement of page composition elements such as type pages, way of arrangement, wording, line spacing, titles, quotations as well as punctuation marks, etc.
Article 30: Publishers have the right to permit other persons to use the page format design of books or periodicals they publish.The term of protection of the rights provided in the previous Paragraph is 10 years to be calculated from 1 January of the year after the book or periodical using said page format design was published for the first time.
Section II: Performers
Article 31: Performers as named in this law, refers to persons or performance work units performing literary or artistic works, or folk literature and art works through declamatory, singing, instrumental performance and other methods.Article 32: Performance enjoy the following rights over their performances:(1) indication of the identity of the performer;(2) protection against distortion of the performer’s image;(3) permitting other person to transmit their live performances through wireless or cable methods;

(4) permitting other persons to record their performances;

(5) permitting other persons to reproduce, distribute or rent records of their performances or reproductions of the said records;

(6) permitting other persons to provide their performances to the public in an information network environment through wireless or cable methods, or making it possible for the public to obtain the said performance at a time and place selected individually.

The term of protection of the rights provided in clause (1) and clause (2) of the above Paragraph is not subject to limits; the term of the protection of the rights provided in clauses (3) to (6) of the above Paragraph is 50 years, to be calculated from 1 January after the year the performance takes place.

The person receiving permission to use the work in ways provided in clauses (3) to (6) of Paragraph I shall also obtain permission from the copyright holder.

Article 33: If the parties have not agreed to the contrary in writing, the performers’ rights of audiovisual works are enjoyed by the producer, but the performers enjoy the right of indication of their identity.Producers employing performers to produce an audiovisual work shall conclude a written contract and pay remuneration.Performers have the right to obtain reasonable remuneration from the producers’ use or authorizing others to use the said audiovisual work, except where agreed otherwise in contract.
Section III: Audio producers
Article 34: Audio products as named in this Law, refers to any work recording the sounds of performances or other sounds.Record producers as named in this Law, refers to the first producer of audio products.
Article 35: Audio producers enjoy the rights to permit others to reproduce, distribute, rent or provide audio products in an information network environment through wireless or cable methods, or to make it possible for the public to obtain the said audio products at a time and place selected individually, over the audio products they produce.The term of protection of the rights provided in the previous Paragraph is 50 Years, to be calculated from 1 January of the year after the completion of the production of the audio product.The person receiving permission to reproduce, distribute, rent or disseminate the audio product to the public through information networks shall also obtain permission from the copyright holder and performer.
Article 36: When audio products are used for transmission through wireless or cable means, or disseminated to the public through technological equipment, performers and audio product producers jointly enjoy the right to obtain reasonable remuneration.
Section IV: Radio stations and television stations
Article 37: Radio and television programmes as named in this law, refers to signals transmitted for the first time by radio stations and television stations that carry content.
Article 38: Radio stations and television stations have the right to prohibit the following actions:(1) other radio stations and television stations relaying their radio and television programmes through wireless or cable means;(2) recording their radio and televisions programmes;(3) reproducing recordings of their radio and television programmes;(44) disseminating their radio and television programmes to the public in an information network environment through wireless or cable means.

The term of protection of the rights provided in the above Paragraph is 50 years, to be calculated from 1 January of the year after the first transmission of the radio or television programme.

Section 4 Limitations on Rights Chapter IV: The limitations of rights
Article 39: According to the provisions of this Law, those using without the permission of copyright holders of their already published works, may not influence the regular use of that work, and may not unreasonably infringe the lawful rights and interests of the rights holder.
Article 22 In the following cases, a work may be exploited without permission from, and without payment of remuneration to, the copyright owner, provided that the name of the author and the title of the work shall be mentioned and the other rights enjoyed by the copyright owner by virtue of this Law shall not be prejudiced:(l) use of a published work for the purposes of the user’s own private study, research or self-entertainment;(2) appropriate quotation from a published work in one’s own work for the purposes of introduction to, or comments on, a work, or demonstration of a point;(3) reuse or citation, for any unavoidable reason, of a published work in newspapers, periodicals, at radio stations, television stations or any other media for the purpose of reporting current events;(4) reprinting by newspapers or periodicals, or rebroadcasting by radio stations, television stations, or any other media, of articles on current issues relating to politics, economics or religion published by other newspapers, periodicals, or broadcast by other radio stations, television stations or any other media except where the author has declared that the reprinting and rebroadcasting is not permitted;

(5) publication in newspapers or periodicals, or broadcasting by radio stations, television stations or any other media, of a speech delivered at a public gathering, except where the author has declared that the publication or broadcasting is not permitted;

(6) translation, or reproduction in a small quantity of copies, of a published work for use by teachers or scientific researchers, in classroom teaching or scientific research, provided that the translation or reproduction shall not be published or distributed;

(7) use of a published work, within proper scope, by a State organ for the purpose of fulfilling its official duties;

(8) reproduction of a work in its collections by a library, archive, memorial hall, museum, art gallery or any similar institution, for the purposes of the display, or preservation of a copy, of the work;

(9) free-of-charge live performance of a published work and said performance neither collects any fees from the members of the public nor pays remuneration to the performers;

(10) copying, drawing, photographing or video recording of an artistic work located or on display in an outdoor public place;

(11) translation of a published work of a Chinese citizen, legal entity or any other organization from the Han language into any minority nationality language for publication and distribution within the country; and

(12) transliteration of a published work into Braille and publication of the work so transliterated.

The above limitations on rights shall be applicable also to the rights of publishers, performers, producers of sound recordings and video recordings, radio stations and television stations.

Article 40: Under the following circumstances, works may be used without the permission of the copyright holder, and without paying remuneration, but the full name of the copyright holder, the name of the work and the source of the work shall be indicated, and it may not infringe other rights enjoyed by the copyright holder according to this Law:(1) reproducing one copyof other persons’ already published works for individual study or research;(2) appropriately using other persons’ already published works in a work, to introduce or discuss a certain work or explain a certain question;(3) republishing or citing already published works where it is inevitable in media such as newspapers, periodicals, radio, television, etc., in order to report current news;(4) newspapers, periodicals, radio stations, television stations and other media publishing or transmitting current affairs-type articles concerning political, economic or religious questions already published in other newspapers, periodicals, radio stations, television stations and other media, except where the creator has indicated his disallowance of publishing or transmission;

(5) newspapers, periodicals, radio stations, television station and other media publishing or transmitting speeches made in public assemblies, except where the creator has indicated his disallowance of publishing or transmission;

(6) translating or in small quantities reproducing already published works for classroom teaching or scientific research, for the use of teaching or research personnel; but these may not be published or distributed;

(7) State organs using already published works for implementing their duties within a reasonable scope;

(8) libraries, archives, memorial halls, museums, art galleries, etc., reproducing  the works stored in these facilities in order to display or preserve editions;

(9) free of charge performance of already published works, where the said performance does not collect fees from the audience, and no remuneration is paid to the performers;

(10) copying, painting or photographing artworks installed or exhibited in outdoors public venues;

(11) translating already published Mandarin spoken or written language works of Chinese natural persons, legal persons or other organizations into ethnic minority spoken or written language works for domestic publishing and distribution;

(12) translating already published works into Braille for publication.

 

Article 41: Lawfully authorized users of computer programmes may engage in the following activities:(1) installing the said computer on computers and other devices having information processing capacity on the basis of requirements for use;(2) producing back-up reproductions to prevent damage to the computer programme. This sort of back-up reproductions may not be provided to other persons from use in any way, and when that person loses lawful authorization, he is responsible for the destruction of back-up reproductions;(3) conducting necessary alterations in order to use the said computer programme in a real applied computing environment or improve its functions or functioning; without permission of the copyright holder of the said programme, the revised programme may not be provided to third parties in any way。 
Article 42: In order to study and research the design thinking and principles that computer programmes contain, those using computer programmes through installation, display, transmission, storage or other means, may go without the permission of the copyright holder of the computer programme, and do not pay remuneration to them.
Article 43: When lawfully authorized users of computer programmes cannot obtain necessary compatibility information through regular channels, they may reproduce and translate the content of the part related to compatibility information in the said computer programme, without permission of the copyright holder of the said computer programme.For using the information obtained according to the provisions of the above Paragraph, the use objective of computer programme compatibility may not be exceeded, it may not be used to develop, produce or sell virtually similar computer programmes, and may not be used for any activity infringing copyright.
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. Article 44: Textbooks compiled in order to implement the nine-years compulsory education system and State education planning, it is permitted to compile portions of already published works or small literary works or music works, or single fine artworks, photographic works or graphs in the textbook without permission of the copyright holders, according to the conditions provided in Article 48 of this Law.
Article 32.2 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 45: After literary works of Chinese natural persons, legal persons or other organizations are published in newspapers or periodicals, other newspapers and periodicals may reprint them or publish them in digests or materials without permission of the creator, according to the conditions provided in Article 48 of this Law.Newspapers and periodicals enjoy exclusive publishing rights over works they publish according to the authorization of the creator, and where they have made an indication in a clear position in newspapers or periodicals they publish, other newspapers and periodicals may not reprint or publish them.
Article 39.3 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 46: Three months after audio works have been published for the first time, other audio producers may use audio products to produce audio products without permission of the copyright holder, according to the conditions provided in Article 48 of this Law.
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 47: Radio stations and television stations may transmit already published works without permission of the copyright holder, according to the conditions provided in Article 48 of this law; but where broadcasting other persons’ audiovisual works, they shall obtain permission from the producer.
Article 48: According to the provisions of Article 44, Article 45, Article 46, and Article 47 of this Law, use of already published works without permission of the copyright holder must conform to the following conditions:(1) applying or filing with the State Council administrative copyright management department before use;(2) indicating the full name of the creator, name of the work and source of the work at the time of use;(3) paying use fees to collective copyright management organizations appointed by the State Council administrative copyright management department within one month of use, and at the same time, reporting the name of the used work, the full name of the creators, the source of the work and other corresponding information.Where users apply for statutory licence filing, the State Council administrative copyright management department shall announce filing information on its official website.

Collective copyright management organizations shall timely transfer the fees mentioned in the first Paragraph to the corresponding rights holders, and establish work use situation consulting systems for rights holders to consult the work use situation and fee payment situation free of charge.

 

Chapter III Copyright Licensing and Assignment Contracts Chapter V: The exercise of rights
Section I: Copyright and related rights contracts
Article 49: Copyright holders may use the property rights in copyright through permission, transfer, establishment of pledges or in other legally permitted manners.
Article 24 Subject to provisions in this Law according to which no permission is needed, anyone who exploits a work created by others shall conclude a contract with, or otherwise obtain permission from, the copyright owner.A licensing contract shall include the following basic clauses:(l) the category of right licensed for exploitation of the work covered by the license;(2) the exclusive or non-exclusive nature of the right to exploit the work covered by the license;(3) the geographic area and term of the license;

(4) the standard of remuneration and the method of payment;’

(5) the liability in case of breach of the contract; and

(6) any other matter that the contracting parties consider necessary.

 

Article 50: For use of other persons’ works, a permission of use contract shall be concluded with the copyright holder, except where the provisions of this Law permit not obtaining permission.Permission of use contracts contain the following main content:(1) the name of the work;(2) the rights categories and use methods permitted to be used;(3) whether or not the rights permitted to be used are exclusive use rights or non-exclusive use rights;

(4) the geographical scope and period in which use is permitted;

(5) remuneration payment standards and methods;

(6) liability for breach of contract;

(7) other content that both sides believe should be agreed upon.

Remuneration payments for use of works may be agreed upon by the parties, where the parties have no agreement or the agreement is unclear, remuneration is paid according to the market price or the remuneration standards formulated by the State Council administrative copyright management department together with other relevant department.

Article 51: For use of other persons’ works, where the rights permitted to be used are exclusive rights, it shall be laid down in written form.Where it is not clearly agreed upon in the contract that the rights permitted to be used are exclusive rights, it shall be considered that the rights permitted to be used are non-exclusive rights.Where it is agreed upon in the contract that the rights permitted to be used are exclusive rights, but the content of the exclusive rights have not been agreed upon or the agreement is unclear, it shall be considered that the person receiving permission has the right to exclude any person, including the copyright holder, to use the work in any similar way.Where newspapers or periodicals sign an exclusive publishing rights contract with creators, the exclusive publishing right period may not exceed one year.
Article 52: Where it is agreed in book publishing contracts that book publishers enjoy exclusive publishing rights but the concrete content is not clarified, it shall be considered as book publishers enjoying the exclusive rights to publish books on the basis an original edition or revised edition of the similar written language within the geographical scope agreed upon in the contract, and during the validity term of the contract.
Article 32.3 In reprinting or republishing a work, the book publisher shall notify and pay remuneration to the copyright owner. If the publisher of a book refuses to reprint or republish a book when it becomes out of stock, the copyright owner shall be entitled to terminate the contract. Article 53: Where book publishers reprint or republish works, they shall notify the copyright holder, and pay remuneration.Where book publishers refuse to reprint or republish, after a book is sold out, copyright holders have the right to terminate the contract. Two order forms that have not been implemented within six months, sent by contract holders to book publishers, are considered as books being sold out.
Article 37 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 54: For performing other persons’ works, performance organizers or performance work units shall obtain authorization from the copyright holder.
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 55: For transferring property rights in copyright, a written contract shall be concluded.Rights transfer contracts shall contain the following main content:(1) the name of the work;(2) the categories of transferred rights and their geographical scope;(3) the transfer sum;

(4) the day and method of payment and transfer;

(5) liability for breach of contract;

(6) other content that both sides believe should be agreed upon.

Article 27 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 56: Rights not having been clearly permitted or transferred by copyright holders in permission of use contracts and transfer contracts, without the agreement of the copyright holder, may not be exercised by the person receiving permission.Without the agreement of the copyright holder, the person receiving permission may not permit third parties to exercise the same right.
Article 57: Those concluding exclusive licence contracts or transfer contracts with copyright holders, are permitted to register with the special registration organs established by the State Council administrative copyright management department. Registered exclusive licence contracts and transfer contracts, may be invoked against third parties.Fees shall be paid for contract registrations, fee collection standards shall be formulated by the State Council administrative copyright management department together with the State Council pricing management department.
  Article 57: In case of pawning copyright, the pawning person and the pawnee conduct pawning registration with the State Council administrative copyright management department. Article 57: In case of pawning copyright, the pawning person and the pawnee conduct pawning registration with the State Council administrative copyright management department. Fees shall be paid for copyright pawning registration, fee collection standards shall be formulated by the State Council administrative copyright management department together with the State Council pricing management department and financial management department.
Section II, Collective copyright management
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. Article 59: Collective copyright management organizations are non-profit organizations exercising copyright or related rights in a collective management manner, on the basis of authorization of copyright holders and related rights holders or legal provisions.When collective copyright management organizations manage rights, they may advocate rights under their own name for copyright holders and related rights holders, and may act as a party in conducting copyright or related rights litigation or arbitration activities.The State Council administrative copyright management department is responsible for collective copyright management organization examination, approval, supervision and management.
Article 60: Where collective copyright management organizations obtain authorization from rights holders and can represent the interests of rights holders at a nationwide level, they may apply with the State Council administrative copyright management department to represent all rights holders in exercising copyright or related rights, except where rights holders indicate disallowance of collective management in writing.
Article 61: Authorized use fee standards for collective copyright management organizations are published and implemented by the State Council administrative copyright management department, where there is objection, the State Council administrative copyright management department organizes a special committee to adjudicate, the adjudication is the final outcome, and during the adjudication period, fee standard implementation will not cease.
Article 62: Where two or more collective copyright management organizations obtain use fees for the same use method or the same user, they shall consult and determine in advance that one collective management organization collects them uniformly , except where the parties have agreed otherwise in contract.
Article 8.2 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. Article 63: Collective copyright management organizations’ establishment method, rights and duties, copyright permission fee collection and distribution, supervision and management, authorized use fee collection objection adjudication, and other matters are provided for separately by the State Council.
Article 27 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 28 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 30 A book publisher who publishes a book shall conclude a publishing contract with, and pay remuneration to, the copyright owner.
Article 31 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 32 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 33 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 34 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 35 When publishing works created by adaptation, translation, annotation, arrangement or compilation of preexisting works, the publisher shall both have the permission from, and pay remuneration to, the owners of the copyright in the works created by means of adaptation, translation, annotation, arrangement or compilation and the owners of the copyright in the original works.
Article 35 A publisher has the right to license or prohibit any other person to use the typographical arrangement of books or periodicals he has published.The term of protection for the right provided for in the preceding paragraph shall be ten years, and expires on 3l December of the tenth year after the first publication of the books or periodicals using the typographical arrangement.
Section 2 Performance
Article 37 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 38 A performer shall, in relation to his performance, enjoy the right(l) to claim performer ship;(2) to protect the image inherent in his performance from distortion;(3) to authorize others to make live broadcasts and public transmission of its or his performance and to receive remuneration;(4) to authorize others to make sound recordings and video recordings, and to receive remuneration therefore.

(5) to authorize others to reproduce or distribute sound recordings and video recordings incorporating his performance, and to receive remuneration therefore; and

(6) to authorize others to communicate his performance to the public on information network, and to receive remuneration therefore.

The person so authorized who exploits the work in the way referred to in the preceding paragraphs (3) to (6) shall obtain permission from, and pay remuneration to, the copyright owner.

Article 39 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 40 A producer of sound recordings or video recording who, for the production of a sound recording or video recording, exploits a work created by another person, shall obtain permission from, and pay remuneration to, the copyright owner.A producer of sound recordings or video recordings who exploits a work created by adaptation, translation, annotation or arrangement of a preexisting work shall both obtain permission from, and pay remuneration to the owner of the copyright in the work created by adaptation, translation, annotation or arrangement and to the owner of the copyright in the original work.A producer of sound recordings who exploits a music work another person has duly made into a sound recording to produce sound recordings, may not obtain permission from, but shall pay remuneration to the copyright owner as prescribed by regulat1ons, such Work shall not be exploited where the copyright owner has declared that such exploitation is not permitted.
Article 41 When producing a sound recording or video recording, the producer shall conclude a contract with, and pay remuneration to, the performers.
Article 42A 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 43 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 44 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 45 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 VI: Technological protection measures and rights management information.
Article 64: Technological protection measures as named in this Law, refers to effective technologies, devices or components that rights holders adopt in order to prevent or limit their works, performances, audio products or computer programmes being reproduced, scanned, enjoyed, operated or disseminated through information networks.Digital management information as named in this Law, refers to information explaining the work and its creator, performance or its performers, audio product or producer, the information on rights holders of works, performances and audio products, information on use conditions, as well as digital information or code indicating the above information.
Article 65: In order to protect copyright and related rights, rights holders may adopt technological protection measures.No organization or individual may wilfully avoid or destroy technological protection measures, may wilfully produce, import or provide to the public installations or components mainly used to avoid or destroy technological protection measures, may wilfully provide technological services to other persons to avoid or destroy technological protection measures, except where laws or administrative regulations provide otherwise.
Article 66; Without permission of the right holder, the following activities may not be conducted:(1) Wilful deletion or change of rights management information, except where it is impossible to avoid deleting or changing them because of technological reasons;(2) proving works, performances or audio products to the public of which it is known or should be known that the rights management information has been deleted or changed without permission of the rights holder.Article 67: Under the following circumstances, technological protection measures may be avoided, but the technology, devices or components for avoiding technological protection measures may not be provided to other persons:

(1) providing works, performances or audio products to small numbers of teachers or researchers for classroom teaching or scientific research, and it is impossible to obtain the said work, performance or audio product through regular channels;

(2) with no aim of profit, providing already published literary works to blind people in unique methods that blind persons can perceive, and it is impossible to obtain the said work through normal channels;

(3) State organs implementing their duties according to administrative or judicial procedure;

(4) testing the security of computers and their systems or networks.

 

Chapter V Legal Liabilities and Enforcement Measures Chapter VII: The protection of rights
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 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 48 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 68: Those infringing copyright or related rights or violating duties concerning technological protection measures or rights management information as provided in this Law, shall bear civil responsibility to cease the infringement, cancel the influence, make a formal apology, compensate damage, etc.
Article 69: When network service providers provide storage, search, linking and other purely technological network services to network users, they do not bear a duty to examine for information concerning copyright or related rights.Where network users utilize  network services to conduct activities infringing copyright or related rights, the infringed person may notify the network service provider in writing, and require it to adopt necessary measures such as deletion, shielding, breaking links, etc. Where the network service provider adopts the necessary measures timely after receipt of the notification, it does not bear responsibility for compensation; where it does not timely adopt the necessary measures, it bears joint responsibility with the said network user.Where network service providers know or should know that network users use their network services to infringe copyright, and do not adopt necessary measures, they bear joint liability with the said network users.
Article 70: Where users pay remuneration to collective copyright management organizations according to the contract concluded with collective copyright management organizations or statutory provisions, and a lawsuit is raised by the rights holder concerning the same right and the same use method, they do not bear responsibility for compensation, but shall cease the use, and pay remuneration according to the corresponding collective management use fee standards.
Article 71: Where computer programme reproduction holders do not know and also do not have reasonable grounds to know that the said programme is an infringing reproduction, they do not bear responsibility for compensation; but they shall cease the use and destroy the said infringing reproduction. If ceasing the use and destroying the said infringing reproduction creates major damage to the user of the reproduction, the user of the reproduction may continue the use after paying a reasonable use fee to the copyright holder of the computer programme.
  Article 49Where 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 72: Where copyright or infringing rights are infringed, the infringer shall compensate the rights holder according to the real damage; where the real damage is hard to calculate, compensation may be granted on the basis of the unlawful income of the infringer. Where the real damage to the rights holder or the unlawful income of the infringer are hard to determine; a reasonable multiple will be calculated with reference to the common trading cost of the right. The compensation amount shall include the reasonable expenses incurred by the rights holder in order to cease the infringing activity.Where the real damage to the rights holder, the unlawful income of the infringer and the common trading cost of the right are all hard to determine, and the copyright or related rights are gathered, exclusive licensing contracts or transfer contacts are registered, the People’s Courts decide to impose a compensation of 1 millionYuan or less, on the basis of the circumstances of the infringing activity.To those wilfully infringing copyright or related rights two times or more, the compensation amount will be calculated on the basis of one to three times the compensation values in the previous two Paragraphs.
Article 48 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 73: Where the following infringing activities destroy the Socialist market order at the same time, the administrative copyright management department may order cessation of the infringing activities, confiscate unlawful income, confiscate or destroy infringing reproductions, and may impose a fine; where circumstances are grave, the administrative copyright management department may also order the confiscation of materials, tools, equipment, etc., mainly used in producing infringing reproductions; where it constitutes a crime, criminal responsibility is investigated according to the law:(1) without permission of the copyright holder, reproducing, distributing, renting, performing, screening, transmitting or disseminating their works to the public through information networks, except where this Law provides otherwise;(2) using the works of others in violation of the provisions of Article 48 of this Law;(3) publishing books of which other persons enjoy an exclusive publication right;(4) without permission of the performer, transmitting or recording their performances, reproducing, distributing or renting audio products recording their performances, or disseminating their performances to the public through information networks;

(5) without permission of the audio producer, reproducing, distributing, renting or dissemination their audio products to the public through information networks, except where this Law provides otherwise;

(6) without permission of radio stations or television stations, relaying, recording, reproducing or disseminating their radio or television products to the public through information networks, except where this Law provides otherwise;

(7) producing or selling works passing off another person’s signature.

 

Article 74: Concerning the following unlawful activities, the administrative copyright management department may impose a warning, confiscate unlawful income, and confiscate devices or components mainly used in avoiding or destroying technological protection measures; where circumstances are grave, confiscate the corresponding materials, tools and equipment and may impose a fine; where it constitutes a crime, criminal responsibility is investigated according to the law:

(1) without permission, wilfully avoiding or destroying technological protection measures adopted by rights holder, except where laws or administrative regulations provide otherwise;

(2) without permission, wilfully producing, importing or providing devices or components mainly used in avoiding or destroying technological protection measures to other persons, or wilfully providing technological services to avoid or destroy technological measures to other persons;

(3) without permission, wilfully deleting or changing digital management information, except where laws and administrative regulations provide otherwise;

(4) without permission, and where it is known or should be known that rights management information are deleted or changed, still reproducing, distributing, publishing, performing, screening, transmitting, or disseminating  corresponding works, performances and audio products to the public through information networks.

 

 

Article 75: When administrative copyright management departments conduct investigation and prosecution of suspected unlawful activities related to copyright or related rights, they may inquire related parties, and investigate situations related to the suspected unlawful activities; conduct on-the-spot inspection of the location of the parties’ suspected unlawful activities; consult and reproduce contracts, invoices, accounts as well as other materials related to the suspected unlawful activity; inspect products related to the suspected unlawful activity, and may seal up or detain products suspected to infringe copyright or related rights.When administrative copyright management departments implement their duties as provided in the above Paragraph, the parties shall grant support and cooperation, those refusing, obstructing or delaying the provision of materials of the above Paragraph without proper grounds, may be subject to warning by the administrative copyright management departments, where circumstances are grave, corresponding materials, tools and equipment are confiscated.
Article 56 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. Article 76: Where the parties refuse to obey administrative punishment, they may apply for administrative redress with the related government organ within 60 days of the day of receiving the administrative punishment decision letter, or raise a lawsuit with the People’s Courts within three months of the day of receiving the administrative punishment decision letter, if no administrative redress is applied for or a lawsuit is raised, and the verdict is not carried out, the administrative copyright management department may apply for implementation with the People’s Court.
Article 53 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 50 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 77: Where creators cannot prove that their  reproduction activities are lawfully authorized, network users cannot prove that the works or reproductions they disseminate to the public through information networks are lawfully authorized, renters cannot prove that the audiovisual products, computer programmes or audio products they rent are lawfully authorized, as well as distributors cannot prove that the reproductions they distribute have a lawful source, they shall bear civil or administrative legal responsibility.Article 78: Where copyright holders or related rights holders have evidence to prove that other persons are carrying out or are about to carry out activities infringing there rights, that if not timely stopped may cause damage to their lawful rights and interests that is hard to remedy, they may apply with the People’s Court before suing to adopt measures to cease the relevant activities and preserve property.When People’s Courts deal with applications under the above Paragraph, the provisions of Articles 93 to 96 and Article 99 of the “Civil Procedure Law of the People’s Republic of China” apply.

 

Article 51 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 79: In order to prevent infringing activities, and under conditions where evidence may be lost or hard to obtain in the future, copyright holders or related rights holders may apply with the People’s Courts before suing to preserve evidence .After the People’s Courts receive applications, they must give a ruling within 48 hours; where it is ruled to adopt evidence preservation measures, their implementation shall begin immediately.People’s Courts may order the applicant to provide a bond, where the applicant does not provide a bond, the application is rejected.

 

Where the applicant does not sue within 15 days of the People’s Court adopting evidence preservation measures, the People’s Court shall remove the preservation measures.

 

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 80: People’s Courts hearing cases, they may confiscate the unlawful income, infringing reproductions as well as the property used to conduct the unlawful activities of those infringing copyright or related rights.
Article 54 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 81: Where parties do not implement their contractual duties or do not implement their contractual duties conform to the conditions agreed upon, they shall bear civil responsibility according to relevant laws and regulations such as the “General Principles of the Civil Law of the People’s Republic of China” and the “Contract Law of the People’s Republic of China”.
Article 54 A dispute over copyright may be settle by mediation. lt may also be submitted for arbitration to a copyright arbitration body under a written arbitration agreement concluded between the parties or under the arbitration clause in the contract.Any party may institute proceedings directly in the People’s Court in the absence of a written arbitration agreement or in the absence of an arbitration clause in the contract. Article 82: Parties in copyright and related rights disputes may apply for arbitration with an administration organ according to the “Arbitration Law of the People’s Republic of China”, sue with the People’s Courts, and may also apply for administrative mediation.
Article 83: Administrative copyright management departments establish copyright dispute mediation committees, to be responsible for mediating in copyright and related rights disputes. Mediation agreements have legal binding force, where one party does not perform the mediation agreement, the other party may apply with the People’s Courts for  confirmation and coercive enforcement.The composition, mediation procedures as well as other matters concerning copyright mediation committees, will be provided separately by State Council administrative copyright management departments.
Article 84: Copyright holders and related rights holders may apply with Customs to investigate and prosecutes works that are imported or exported and suspected of infringing their copyright or related rights. Concrete rules are provided separately by the State Council.
Chapter Vl Supplementary Provisions Chapter VIII  Supplementary Provisions
Article 57 For the purposes of this Law, the terms “zhuzuoquan”2 is “banquan”2. Article 85: Copyright as named in this law also refers to author’s rights.
Article 58 “publication” referred to in Article 2 of this Law means the reproduction and distribution of a work. Article 86: The provisions of this law relating to copyright also apply to the limits and exercise of corresponding rights.
Article 60 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 59 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 87: The rights of copyright holders and related rights holders as provided in this Law, where they have not already exceeded the term of protection provided in this Law at the day this Law took effect, are protected according to this Law.Infringing activities or breaches of contract occurring before this Law took effect, are dealt with according to the relevant regulations and policies of the time the infringing act or breach of contract took place.
Article 61 This Law shall enter into force on June 1, l99l. Article 88: This Law takes effect on 1 June 1991.

 

 

The English version of the Revision Copyright Law is from China Copyright and Media, and Bridge IP Law Commentary hereby agrees to be subject to Attribution-NonCommercial-ShareAlike 3.0 Netherlands (CC BY-NC-SA 3.0) as follows:

You are free:

to Share — to copy, distribute and transmit the work

to Remix — to adapt the work

Under the following conditions:

Attribution — You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).

Noncommercial — You may not use this work for commercial purposes.

Share Alike — If you alter, transform, or build upon this work, you may distribute the resulting work only under the same or similar license to this one.

With the understanding that:

Waiver — Any of the above conditions can be waived if you get permission from the copyright holder.

Public Domain — Where the work or any of its elements is in the public domain under applicable law, that status is in no way affected by the license.

Other Rights — In no way are any of the following rights affected by the license:

Your fair dealing or fair use rights, or other applicable copyright exceptions and limitations;

The author’s moral rights;

Rights other persons may have either in the work itself or in how the work is used, such as publicity or privacy rights.

Notice — For any reuse or distribution, you must make clear to others the license terms of this work. The best way to do this is with a link to this web page.

Other recommended posts on our website:
1、Introduction to 3rd Revision Draft of China Copyright Law
2、Music Industry’s Revision Suggestion to Drafted Copyright Law, I
3、Music Industry’s Revision Suggestion to Drafted Copyright Law, II
4、Will Copyright Law Modification Break Down Recording Industry?
5、Better or Worse? Comments on the Exposure Draft of Copyright Law

Editor: Mr. You Yunting
Founder & Editor-in-Chief of Bridge IP Law Commentary
Partner & Attorney-at-law of Shanghai DeBund Law Offices
Email: Bridge@chinaiplawyer.com, Tel: 8621-5213-4900,
You can also find us on FacebookTwitter and Linkedin.

Bridge IP Law Commentary is a website focus on the introduction of commercial laws in China, especially the intellectual property laws. All the posts here are our original works. And all news or cases referred here are from public reports, and our comments or analysis are of due diligence, neutrality and impartiality, representing our own opinions only and are our original works. You may contact us shall you have any opinions or suggestions.

 

Comments are closed.