Does Unauthorized Use of Screenshots in Game Guide Constitute Infringement?

(By You Yunting) A game guide, also known as game strategy guide, is an essential reference for players. Generally, a game guide may quote pictures and screens from the game itself. But if without authorization, it triggers questions whether this quotation causes copyright infringement. In the following, a similar case will be introduced.

Introduction to the Case:

Plaintiff: Shanghai Aurogon Information and Technology Co., Ltd (the “Aurogon”)

1st Defendant: China Zhongdian Media Co., Ltd (the “ZD Media”)

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Does Using a Trademark with Common Meaning Constitute Trademark Infringement in China?

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(By Luo Yanjie) According to Chinese legislation, a mark which has a common meaning in normal ways may be registered as a trademark where it has acquired distinctiveness through use and is readily distinguishable. If being registered, the mark with a common meaning would be protected under the Trademark Law. However, in practice, a competitor may use the trademark against the exclusive right holder, with a defense that the trademark has common meaning. Today, we will introduce a successful case where the court is in favor of the exclusive right holder of the trademark.

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Is RSS Output in Websites Kinda Fair Use in the Copyright Law?

 (By You Yunting) A user on Zhihu.com asked some question about RSS

  1. Is it kinda fair use of RSS?
  2. Is it kinda fair use to transfer the excerpt context RSS to the full text RSS?
  3. Is it kinda fair use of Flipboard and similar applications’ excerpt context which do not use RSS?

In terms of the first question: ,Is it kinda fair use of RSS?

If a website supports full content RSS output, then it is actually the using on the license of the copyright holder instead of the fair use. While, where a website only supports excerpt context RSS and if a third party scraps the content into a full context RSS, it is infringing as it has used the content without any license.

Let’s first check the definition of RSS. We could find a clear definition in Wikipedia (http://en.wikipedia.org/wiki/Rss.): If a website placed the RSS file on its page, user could use a RSS feed to read the latest contents if he cannot open the content page. Based on the said character of RSS, in author’s opinion, RSS actually is a form of authorization from the site owners. If the website provides RSS file, it licenses users to read the content without visiting its website. According to the Copyright Law, Fair use means that under the specific circumstance we can use the content without the copyright’s holder’s permit and with payment of remuneration. The transliteration of a published work into Braiile and into minority nationality languages and free performance of a published work belong to fair use.

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Why Did the Supreme People’s Court Changed Its Attitude towards Revoking Trademarks When It Is Unused for 3 Years

(By You Yunting) China is a heavily administrated and controlled country. If administrative approval is not obtained, business activity such as producing and selling of Alcoholic beverages, medicine, etc.,  could be ruled to be invalid by the court. According to the Trademark Law of China, once the trademark has not been used for three continuous years, it could be eliminated. There is a significant amount of people who uses their right to their trademark however, many people fail to obtain the proper administrative approval or violates administrative rules. This brings us to the issue of  whether or not such a trademark should be removed even though it has been used. For this kind of cases, we find an example in the 10 annual cases of 2011 promulgated by the Supreme People’s Court of China. In that case, the Supreme Court overturned its opinions expressed in the previous year, “Kangwang Trademark Dispute”, in which the court determined that despite a shortage of administrative approval, the using of the trademark is sufficient according to the Trademark Law. 

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Is It Copyright Infringement to Perform “Gangnam Style” at a Corporate Annual Gala in China?

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(By You Yunting) PSY, the most popular South Korean Artist, has achieved more than 1 billion clicks, or views, on Youtube for his music video “Gangnam Style,” and has earned a global reputation. To perform Psy’s signature “horse-riding” dance has become an integral part of domestic corporate annual galas in China. In fact, the partners of our law firm have been encouraged by colleagues to perform the dance for everyone’s amusement. The problem was that none of us could actually perform the “horse-riding” dance properly. When facing such horrible demands from coworkers, a question raised by one of our associates interested me: would a performance of “Gangnam Style” infringe others’ lawful rights?

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Why Nippon Lost Its Lawsuit against Trademark Infringement by Taobao Sellers?

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(By Luo Yanjie)In March 2011 the globally well-known paint producer Nippon Paint Co. Ltd. (“Nippon”), discovered Zhanjin Company had set up a shop on Taobao.com, the biggest online market in China, and had been using Nippon trademarks, ads and trade dress concerning Nippon products with no approval or license from it. With no reply from Taobao.com after filing a complaint, Nippon sued Zhanjin and Taobao in court, and yet the complaint was rejected by the judge. Dissatisfied with this result, Nippon made an appeal to the Shanghai No.1 Intermediate People’s Court, who ruled that the adoption of Nippon’s trademark by Zhanjin is for product information display only, and it could lead to no likelihood of confusion among the public. In addition, the court ruled that no commercial interests of the plaintiff would be damaged. Based on these rulings, the alleged trademark infringement claim could not be established, and therefore the original decision was maintained.

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When Could “Fair Use” Other’s Works in China?

By Albert Chen

Techdirt recently reported the US court has adopted scanning within the scope of fair use, and by China Copyright Law, the library could also make a special copy or digitalize its collection, as well as the communication. Today, we would introduce the statutory license in Chinese legislature.

As known to us, the using of others work demands the right owner’s consent and the payment of the royalty (unless no payment as approved by the right owner). But as aiming to promote the cultural development, the emphasis on the exclusive right protection could only damage the spread-out of the culture and information. Thus, in addition to the protection, we also see Copyright Law regulates the “fair use” of the works, under which the using by a third party shall not be approved by the right owner or to pay the royalty.

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Fair Use for Getty’s Picture of Statute?

By Luo Yanjie

    Getty Images (NYSE: GTY) (the “company”or “Getty”) is a company globally known for its picture license business for third party’s use. In general, the company shall appear in the court as the plaintiff, yet as reported in recent (note: the link is in Chinese), Getty was charged in Beijing Haidian People’s Court. The story is: Getty was found by a Chinese statute designer of unlicensed collection of his works into the company’s data base, which was on sale to the public; therefore, he filed a lawsuit against Getty, demanding a compensation. After the hearing, Getty was judged non-fair use in the case, and shall compensate the plaintiff RMB 5, 000 and an apology.

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Comparison on 1st and 2nd Exposure Draft of Chinese Copyright Law


First Edition of China Copyright Law’s Exposure Draft

 

Second Edition of China Copyright Law’s Exposure Draft

 

Chapter I General Provisions

 

Chapter I General Provisions

 

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 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 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 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.

As to those from the countries with no treaties with China or not the party of the international conventions signed by China or those with no nationality, their performance in China or sound or video recording manufactured or publicized in China shall be protected by this law.

 

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) dimensional work, meaning the 3-D work manufactured for production or geography display;

(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;

(17) other literary, artistic and scientific works.

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

 

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) dimensional work, meaning the 3-D work manufactured for production or geography display;

(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;

(17) 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: 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 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 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 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 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 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 8: Folk literature and art expression protection rules are formulated separately by the State Council.

 

Article 8: Folk literature and art expression protection rules are formulated separately by the State Council.

 

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 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.

 

Chapter II: Copyright

 

Chapter II: Copyright

 

Section I: Copyright holders and their rights Section I: Copyright holders and their rights

 

Article 10: Copyright holders include:

(1) creators;

(2) other natural persons, legal persons and other organizations enjoying copyright according to 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 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 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;

(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, a;

(6) 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;

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

(10) the right of cinematography, being the right to make the work the audiovisual work.

Protection rules for the are formulated by the State Council.

 

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 license others 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 other methods;

(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 the manner of technological equipments;

(6) 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;

(7) the right of information network dissemination, which is the right to provide the work to the public in an information network environment, through wireless or a cable, making it possible for the public to obtain the work at an individually selected time and place while relaying transmissions of the said work to the public through technological means;

(8) the right of adaptation, which is the right to transform the work into a new work of a different form or different category or different type, as well as to supplement, delete, modify, reorder computer program, other than an audiovisual work;

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

(10) the right of cinematography, being the right to make the work the audiovisual work.

Protection rules for the information network dissemination right are formulated by the State Council.

 

Article 12 When the original piece of fine art or photography work or the manuscript of the literary or music work is transferred, the author or his/her successor, as well as the devisee shall have the right to share the benefits from the sale of the original piece or the manuscript by their owners, and such a right shall not be transferred or abandoned. It’s protection rules shall be promulgated by the State Council.

 

Section II: Copyright entitlement Section II: Copyright entitlement

 

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 13: 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 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 14: 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 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 15: 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 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 16: 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 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 17: Movie producers using scripts, music or other works to produce audiovisual works, shall obtain permission from the creator, and to pay remuneration.

The copyright of audiovisual work is enjoyed by the producer, but the original creator, playwrights, directors, filmers, lyricists, composers and other creators enjoy the right to sign their name.

The original creator, Playwrights, lyricists, composers and other creators have the right to obtain reasonable remuneration from other’s using those audiovisual products.

 

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 18: 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, maps, computer programmes, works created by employees of news publishers or press agencies 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 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 19: The copyright of works created on entrustment is to be agreed upon by the parties involved in the 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 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 20: 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.

Once the original piece of the artwork displayed in the public is the sole format of the work, and the owner of the original piece owner shall notify its creator in a reasonable period before the dismantlement, damage or other factual disposals, and the creator shall then enjoy the right to protect his/her copyright by repurchasing, copying or other proper methods, unless otherwise agreed by the parties.

 

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: 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: 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 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 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: 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: 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.

 

Article 26: When the news publisher makes the copy of the works in the publications through a digital means, those who intend to copy the works in digital means or to disseminate works by networks shall get the permission from the copyright holder.

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 and the owner of the original copy is unclear;

(2) where the identity of the creator is unclear with the owner of the original copy could be found but could not be contacted;

(3) where the identity of the creator is clear but could not be contacted.

 

Concrete matters for the above paragraph, are formulated separately by the State Council administrative copyright management department.

 

Section III: Term of protection of copyright Section III: Term of protection of copyright

 

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 27: 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 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 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 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.

 

Article 29: 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 III: Related rights Chapter IV: Related rights

 

Section I: Publishers 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: 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.

 

Article 31: 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

 

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: Performers as named in this law, refers to individuals performing literary or artistic works, or folk literature and art works through declamatory, singing, instrumental performance and other methods.
Article 33: 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 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 34: Those who organize the performance shall get the permission from the copyright holders.
Article 35: The performance by the performers for the completion of its work mission is called the professional performance, and its copyright belonging shall be subject to the agreement of the parties involved.

 

If the parties have not made any agreement or the agreement is unclear, the right of the professional performance shall belong to the performers, while the group performance right shall belong to the performance unit and the performers shall have the right to indicate their names.

 

When the performers enjoy the right regulated in paragraph (1) and (2) of this article, the performing unit may use such performances within the scope of its businesses.

 

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.

 

Article 36: Producers employing performers to produce an audiovisual work shall conclude a written contract and pay remuneration.

 

The performer’s rights regulated in paragraph (5) and (6) of Article 33 are enjoyed by the producer, but the performers enjoy the right of indication of their identity.

The main performers have the right to obtain reasonable remuneration from other’s use of the audiovisual work.

 

Section III: Audio producers

 

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 37: 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 38: Audio producers enjoy the following rights:

(1) to permit others to reproduce the audio products;

(2) to permit others to distribute the audio products;

(3) to permit others to rent the audio products;

(4) to permit others to 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.

 

Article 39: The performers and audio product producers jointly enjoy the right to obtain reasonable remuneration when the audio products are used in the following ways

(1) to be used for transmission through wireless or cable means, and to make it possible for the public to obtain the broadcast of the said audio products through technological equipment;

(2) to be disseminated to the public through technological equipment.

 

Section IV: Radio stations and television stations

 

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 40: 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;

(4) 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.

 

Article 41: Radio stations and television stations may enjoy the following rights to the programs broadcasted:

(1) to license others rebroadcast its programmes by wire or wireless way;

(2) to license others record its programmes;

(3) to license others reproduce the record of its programmes.

 

The protection term of the right in the previous paragraph is to be calculated from 1 January of the year after the first transmission of the radio or television programme..

 

The person receiving permission to use products, performance and audio products by 1st paragraph of this article shall also obtain permission from the copyright holder and performer.

 

Chapter IV: The limitations of 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 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 copy of 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 42: 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 copy of 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, but the used part shall not be the main or substantive part of the using person’s work;

(3) republishing or citing already published works where it is inevitable in media such as newspapers, periodicals, radio, television, information network, etc., in order to report current news;

(4) newspapers, periodicals, radio stations, television stations, information network, 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, information network, and other media, except where the creator has indicated his disallowance of using;

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

(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, photographing or filming 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;

(13) other situations

The using regulated in the previous paragraph shall not influence the normal use of the work, and it shall not damage the legal interests of the copyright owner without reason.

 

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 43: 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 44: 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 45: 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 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 46: 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 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 47: 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 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 48: According to the provisions of 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 for the record in the relevant collective management organizations before the first 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 usage fees to the right holder of collective copyright management organizations, by the standard set by the copyright department of the State Council within 1 month after the use of the work, and simultaneously, 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 license filing, the State Council administrative copyright management department shall announce filing information on its official website.

 

Collective copyright management organizations shall timely notice the record information by the last paragraph, and establish work use situation consulting systems for rights holders to consult the work use situation and fee payment situation free of charge.

 

Collective copyright management organizations shall transfer the royalties paid by the first paragraph of this article in a reasonable period.

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 V: The exercise of rights

 

Chapter V: The exercise of rights

 

Section I: Copyright and related rights contracts

 

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 49: Copyright holders may use the property rights in copyright through permission, transfer, establishment of pledges or in other legally permitted manners.

 

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 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 51: For use of other persons’ works, where the rights permitted to be used are exclusive rights, it shall be laid down in a contract.

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 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 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 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 54: For performing other persons’ works, performance organizers or performance work units shall obtain authorization from the copyright holder.

 

Article 54: For performing other persons’ works, performance organizers or performance work units shall obtain authorization from the copyright holder.

 

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 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 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 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: 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 58: 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.

 

Article 58: 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

 

Section II, Collective copyright management

 

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 59: Collective copyright management organizations are non-profit organizations exercising copyright or related rights which are difficult for the right owner to exercise or control 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 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 represent all rights holders in exercising copyright or related rights in the following ways, except where rights holders indicate disallowance of collective management in writing:

(1) the works of literary, music, fine art or photography publicized on radio station or TV station;

(2) the works of music or audiovisual provided by the operator of self-help song order through the self-help song order system.

 

Collective copyright management shall treat all the right holders equally in transferring the royalties.

 

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 61: 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 62: The copyright administrative department of the State Council shall be in charge of the copyright collective management nationwide, and to be responsible for the approval and supervision on the establishment, modification, cancellation and other matters to be registered of the copyright collective management organizations.

 

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 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.

 

Chapter VI: Technological protection measures and rights management information.

 

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 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 65: In order to protect copyright and related rights, rights holders may adopt technological protection measures.

Unless permitted by the copyright holder, 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 66; Without permission of the right holder, the following activities may not be conducted:

(1) willful deletion or change of rights management information, except where it is impossible to avoid deleting or changing them because of technological reasons;

(2) providing 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.

 

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, audio products or radio TV programmes to small numbers of teachers or researchers for classroom teaching or scientific research, and it is impossible to obtain the said work, performance, audio product or radio TV programmes 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 VII: The protection of rights

 

Chapter VII: The protection of rights

 

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 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 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 other 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 70: Where users use the rights difficult to exercise and use by the right holder and 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.

The following situations shall not be applied to the previous paragraph:

(1) the user continues to use the work when being fully aware of the statement made by the right holder not belonging to the organization;

(2) the user continues to use the work when right holder not belonging to the organization noticing the user not to continue that use;

(3) the user uses the work again which has been adjudicated to stop use by the arbitration or lawsuit.

 

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 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 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 million Yuan 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 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 million Yuan or less, on the basis of the circumstances of the infringing activity.

To those willfully infringing copyright or related rights two times or more, the compensation amount will be calculated on the basis of two to three times the compensation values in the previous two Paragraphs.

 

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 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) without permission of the performers, broadcasting, record its performance, and reproduce, publicize, rent the video products recorded with the performance, or to the public through information networks, except where this Law provides otherwise;

(3) 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;

(4) 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;

(5) using the works of others in violation of the provisions of Article 48 of this Law;

(6) publishing books of which other persons enjoy an exclusive publication right;

(7) 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;

(8) 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 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 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 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 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 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 77: The user of the copyright and the related rights shall take the civil or administrative liabilities in the following situations:

 

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;

 

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 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 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 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 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 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 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 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 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 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 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.

 

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 VIII  Supplementary Provisions

 

Chapter VIII  Supplementary Provisions
Article 85: Copyright as named in this law also refers to author’s rights.

 

Article 85: Copyright as named in this law also refers to author’s rights.

 

Article 86: The provisions of this law relating to copyright also apply to the limits and exercise of corresponding rights.

 

Article 86: The provisions of this law relating to copyright also apply to the limits and exercise of corresponding rights.

 

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 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 88: This Law takes effect on 1 June 1991.

 

Article 88: This Law takes effect on 1 June 1991.

 

For the current Copyright Law, please click here.

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Brief Introduction to Software Copyrighter’ s Right Limitation to Ultimate User

by Luo Yanjie

Under the system of China Copyright Law, what right limitations may come to software owners? And what rights and obligations are enjoyed or taken by the ultimate user and what’s the liability when the infringement occurs? Today we would like to give you the introduction on the issues. There are two main litigations on the PC software, namely the Copyright Law and the Regulations on the Protection of PC Software (the “Regulation”). But according to the latest exposure of the Copyright Law’s revision, the Regulation’s articles have been all regulated in the new drafted law; therefore, it is foreseeable that the Regulation may be abolished once there publicized the new Copyright Law.

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Better or Worse? Comments on the Exposure Draft of Copyright Law

Mr. You Yunting was interviewed by Tecent weibo for his comments on the exposure draft of the Copyright Law (the “Draft”), and today’s essay is the digest of the interview. And for your convenience in reading, we’ve made a few alterations to the questions and our answers.

First, we would like to say that the Draft is more scientific than the original one on general, while it remains two main problems: 1) it needs more respect on the right of music writers and recording companies; 2) Although the collective management organization has more power with the Draft, it’s unclear system of interests distribution and incomplete operation system, as well as the suspicious relation with the Copyright Office are all arousing the public arguments.

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