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Copyright Law of the People's Republic of China
CHAPTER I GENERAL PROVISIONS
Article 1. This Law is enacted, in accordance with the
Constitution for the purposes of protecting the copyright of
authors in their literary, artistic and scientific works and
rights related to copyright, of encouraging the creation and
dissemination of works which would contribute to the construction of
socialist spiritual and material civilization, and of promoting the
development and flourishing of socialist culture and sciences.
Article 2. Works of Chinese citizens, legal entities or
entities without legal personality, whether published or not, shall
enjoy copyright in accordance with this Law.
Works of foreigners first published in the territory of the
People's Republic of China shall enjoy copyright in accordance with
this Law.
Any work of a foreigner published outside the territory of the
People's Republic of China which is eligible to enjoy copyright
under an agreement concluded between the country to which the
foreigner belongs and China, or under an international treaty to
which both countries are party, shall be protected in accordance with
this Law.
Article 3. For the purpose of this Law, the term "works" includes
works of literature, art, natural science, social science, engineering
technology and the like which are expressed in the following forms:
(1) written works;
(2) oral works;
(3) musical, dramatic, quyi* and choreographic works;
(4) works of fine art and photographic works;
(5) cinematographic, television and videographic works;
(6) drawings of engineering designs and product designs, and
descriptions thereof;
(7) maps, sketches and other graphic works;
(8) computer software;
(9) other works as provided for in laws and administrative regulations.
Article 4. Works the publication or distribution of which is
prohibited by law shall not be protected by this law.
Copyright owners, in exercising their copyright, shall not
violate the constitution or laws or prejudice the public interests.
Article 5. This Law shall not be applicable to:
(1) laws; regulations; resolutions; decisions and orders of state
organs; other documents of legislative, administrative and
judicial nature; and their official translations;
(2) news on current affairs;
(3) calendars, numerical tables, forms of general use and formulas.
Article 6. Regulations for the protection of copyright in
expressions of folklore shall be established separately by the State
Council.
Article 7. Where any scientific or technological work is
protected under the Patent Law, the Law on Technology Contracts or
similar laws, the provisions of those laws shall apply.
Article 8. The copyright administration department under the
State Council shall be responsible for the nationwide
administration of copyright. The copyright administration
department of the People's Government of each province,
autonomous region and municipality directly under the central
government shall be responsible for the administration of copyright in
its administrative area.
CHAPTER II COPYRIGHT
Article 9. The term " copyright owners" shall include:
(1) authors;
(2) other citizens, legal entities and entities without legal
personality enjoying copyright in accordance with this Law.
Article 10. The term "copyright" shall include the
following personality rights and property rights:
(1) the right of publication, that is, the right to decide whether
to male a work available to the public;
(2) the right of authorship, that is, the right to claim authorship
and to have the author's name mentioned in connection with the work;
(3) the right of alteration, that is, the right to alter or
authorize others to alter one's work;
(4) the right of integrity, that is, the right to protect
one's work against distortion and mutilation;
(5) the right of exploitation and the right to remuneration, that
is, the right of exploiting one's work by reproduction, performance,
broadcasting, exhibition, distribution, making cinematographic,
television, or video production, adaptation, translation,
annotation, compilation and the like, and the right of authorizing
others to exploit one's work by the above mentioned means and of
receiving remuneration therefor.
copyright in a work shall belong to its author.
The author of a work is the citizen who has created the work.
Where a work is created according to the intention and
under the supervision and responsibility of a legal entity or
entity without legal personality, such legal entity or entity without
legal personality shall be deemed to be the author of the work.
The citizen, legal entity or entity without legal personality whose
name is mentioned in connection with a work shall, in the absence of
proof to the contrary, be deemed to be the author of the work.
Article 12. Where a work is created by adaptation,
translation, annotation or arrangement of a pre-existing work, the
copyright in the work thus created shall be enjoyed by the
adapter translator, annotator or arranger, provided that the copyright
in the original work.
Article 13. Where a work is created jointly by two or more
co-authors, the copyright in the work shall be enjoyed jointly by
those co-authors. Co-authorship may not be claimed by anyone who has
not participated in the creation of the work.
If a work of joint authorship can be separated into independent
parts and exploited separately, each co-author shall be entitled
to independent copyright in the parts that he has created, provided
that the exercise of such copyright shall not prejudice the
copyright in the joint work as a whole.
Article 14. The copyright in a work created by compilation
shall be enjoyed by the compiler, provided that the exercise of such
copyright shall not prejudice the copyright in the pre-existing
works included in the compilation.
The authors of such works included in a compilation as can be
exploited separately shall be entitled to exercise their copyright
in their works independently.
Article 15. The director, screenwriter, lyricist, composer,
cameraman and other authors of a cimenatographic, television or
videographic work shall enjoy the right of authorship in the work,
while the other rights included in the copyright shall be enjoyed by
the producer of the work.
The authors of the screenplay, musical works and other works
that are included in a cimenatographic, television or videographic
work and can be exploited separately shall be entitled to
exercise their copyright independently.
Article 16. A work created by a citizen in the fulfillment of
tasks assigned to him by a legal entity or entity without legal
personality shall be deemed to be a work created in the course of
employment. The copyright in such a work shall be enjoyed by the
author, subject to the provisions of the second paragraph of this
Article, provided that the legal entity or entity without legal
personality shall have a priority right to exploit the work within
the scope of its professional activities. During the two years after
the completion of the work, the author shall not, without the consent
of the legal entity or entity without legal personality, authorize a
third party to exploit the work in the same way as the legal
entity or entity without legal personality does.
In the following cases the author of a work created in the
course of employment shall enjoy the right of authorship, while the
legal entity or entity without legal personality shall enjoy other
rights included in the copyright and may reward the author:
(1) drawings of engineering designs and product designs and
descriptions thereof; computer software; maps and other works
created in the course of employment mainly with the material and
technical resources of the legal entity or entity without legal
personality and under its responsibility;
(2) works created in the course of employment where the copyright
is , in accordance with laws, administrative regulations or
contracts, enjoyed by the legal entity or entity without legal
personality.
Article 17. The ownership of copyright in a commissioned work
shall be agreed upon in a contract between the commissioning and
the commissioned parties. In the absence of a contract or of an
explicit agreement in the contract, the copyright in such a work
shall belong to the commissioned party.
Article 18. The transfer of ownership of the original copy of a
work of fine art, or other works, shall not be deemed to include
the transfer of the copyright in such work, provided that the right to
exhibit the original copy of a work of fine art shall be enjoyed by
the owner of such original copy.
Article 19. Where the copyright in a work belongs to a
citizen, the right of exploitation and the right to remuneration in
respect of the work shall, after his death, during the term of
protection provided for in this Law, be transferred in accordance
with the provisions of the Inheritance Law.
Where the copyright in a work belongs to a legal entity or entity
without legal personality, the right of exploitation and the right to
remuneration shall, after the change or the termination of the
status of the legal entity or entity without legal personality,
during the term of protection provided for in this Law, be
enjoyed by the succeeding legal entity or entity without legal
personality which has taken over the former's rights and obligations,
or, in the absence of such successor entity, by the State.
of an author shall be unlimited in time.
Article 21. The term of protection of the right of
publication,the right of exploitation and the right to remuneration in
respect of a work of a citizen shall be the lifetime of the author
and fifty years after his death, expiring on December 31 of the
fiftieth year after his death. In the case of a work of joint
authorship, such term shall expire on December 31 of the fiftieth year
after the death of the last surviving author.
The term of protection of the right of publication, the
right of exploitation and the right to remuneration in respect of a
work where the copyright belongs to a legal entity or entity without
legal personality, or in respect of a work created in the course of
employment where the legal entity entity without legal personality
enjoys the copyright (except the right of authorship) , shall be fifty
years, expiring on December 31 of the fiftieth year after the first
publication of such work, provided that any such work that has not
been published within fifty years after the completion of its
creation shall no longer be protected under this Law.
The term of protection of the right of publication, the
right of exploitation and the right to remuneration in respect of a
cinematographic, television, videographic or photographic work
shall be fifty years, expiring on December 31 of the fiftieth year
after the first publication of such work, provided that any such
work that has not been published within fifty years after the
completion of its creation shall no longer be protected under this
Law.
without permission from, and without payment of remuneration to,
the copyright owner, provided that the name of the author and the
title of the work shall be mentioned and the other rights enjoyed by
the copyright owner by virtue of this Law shall not be prejudiced:
(1) use of a published work for the purposes of the user's own
private study, research or self-entertainment;
(2) appropriate quotation from a published work in one's own work
for the purposes of introduction to, or comment on, a work, or
demonstration of a point;
(3) use of a published work in newspapers, periodicals, radio
programs, television programs or newsreels for the purpose of
reporting current
events;
(4) reprinting by newspapers or periodicals, or rebroadcasting by
radio stations or television stations, of editorials or
commentators articles published by other newspapers, periodicals,
radio stations or television
stations;
(5) publication in newspapers or periodicals, or broadcasting by
radio stations or television stations, or a speech delivered at
a public gathering, except where the author has declared that
publication or broadcasting is not permitted;
(6) translation, or reproduction in a small quality of copies,
of a published work for use by teachers or scientific researchers, in
classroom teaching or scientific research, provided that the
translation or reproduction shall not be published or distributed;
(7) use of a published work by a State organ for the purpose of
fulfilling its official duties;
(8) reproduction of a work in its collections by a library,
archive, memorial hall, museum, art gallery or similar institution,
for the purposes of the display, or preservation of a copy, of the work;
(9) free of charge performance of a published work;
(10) copying, drawing, photographing, or video recording of an
artistic work located or on display in an outdoor public place;
(11) translation of a published work from the Han language into
minority nationality languages for publication and distribution within
the country;
(12) translation of a published work into Braille and publication
of the work so transliterated;
The above limitations on rights shall be applicable also to the
rights of publishers, performers, producers of sound recordings and
video recordings, radio stations and television stations.
CHAPTER III COPYRIGHT LICENSING CONTRACTS
Article 23. Subject to provisions in this Law according to
which no permission in needed, anyone who exploits a work created
by others shall conclude a contract with, or otherwise obtain
permission from, the copyright owner.
Article 24. A contract shall include the following basic clauses:
(1) the manner of exploitation of the work covered by the license;
(2) the exclusive or non-exclusive nature of the right to exploit
the work covered by the license;
(3) the scope and term of the license;
(4) the amount of the remuneration and the method of its payment;
(5) the liability in the case of breach of the contract;
(6) any other matter that the contracting parties consider necessary.
Article 25. The licensee shall not, without permission
from the copyright owner, exercise any right that the copyright
owner has not expressly licensed in the contract.
Article 26. The term of validity of a contract shall not
exceed ten years. The contract may be renewed on expiration of that
term.
Article 27. The tariffs for remuneration for the exploitation of
works shall be established by the copyright administration
department under the State Council in collaboration with other
departments concerned.
Where otherwise agreed to in a contract, remuneration may also be
paid in accordance with the terms of the said contract.
Article 28. Publishers, performers, producers of sound
recordings and video recordings, radio stations, television
stations and other entities who or which have obtained, pursuant to
this Law, the right to exploit the copyright of others, shall not
infringe the author's rights of authorship, alteration or integrity, or
their right to remuneration.
CHAPTER IV PUBLICATION, PERFORMANCE, SOUND RECORDING, VIDEO
RECORDING AND BROADCASTING
conclude a publishing contract with, and pay remuneration to, the
copyright owner.
Article 30. During the term of the contract, a book publisher
shall have an exclusive right to publish the work delivered to
him by the copyright owner for publication. The term of the exclusive
tight to publish, enjoyed by the publisher as specified in the
contract, shall not exceed ten years. The contract may be renewed on
expiration.
During the term specified in the contract, the exclusive right to
publish a work enjoyed by the book publisher shall be protected by
law, and the work may not be published by others.
Article 31. The copyright owner shall deliver the work within
the term specified in the contract. The book publisher shall
publish the work in accordance with the quality requirements and
within the term specified in the contract.
The book publisher shall bear the civil liability specified in
Article 47 of this Law if he fails to publish the work within the
term specified in the contract.
The book publisher shall notify, and pay remuneration to, the
copyright owner when the work is to be reprinted or republished.
If the publisher refuses to reprint or republish the work when
stocks of the book are exhausted, the copyright owner shall have
the right to terminate the contract.
Article 32. Where a copyright owner has submitted the manuscript
of his work to a newspaper or a periodical publisher for publication
and has not received, within fifteen days from the newspaper publisher
or within thirty days from the periodical publisher, counted from the
date of submission of the manuscript, any notification of the
said publisher's decision to publish the work, the copyright owner
may submit the manuscript of the same work to another newspaper or
periodical publisher for publication, unless the two parties have
agreed otherwise.
Except where the copyright owner has declared that reprinting or
excerpting is not permitted, other newspaper or periodical
publishers may, after the publication of the work by a newspaper or
periodical, reprint the work or print an abstract of it or print it
as reference material, but such other publishers shall pay
remuneration to the copyright owner as prescribed in regulations.
Article 33. A book publisher may alter or abridge a work
with the permission of the copyright owner.
A newspaper or periodical publisher may make editorial
modifications and abridgments in a work, but shall not make
modifications in the content of the work unless permission has teen
obtained from the author.
Article 34. When publishing works created by adaptation,
translation, annotation, arrangement or compilation of per-existing
works, the publisher shall pay remuneration both to the owners of
the copyright in the works created by means of adaptation,
translation, annotation, arrangement or compilation, and to the owners
of the copyright in the original work.
group) who for a performance exploits an unpublished work created by
another shall obtain permission from, and pay remuneration to, the
copyright owner.
A performer who for a commercial performance exploits a
published work created by another does not need permission from, but
shall, as prescribed by regulations, pay remuneration to, the
copyright owner; such work shall not be exploited where the
copyright owner has declared that such exploitation is not
permitted.
A performer who for a commercial performance exploits a work
created by adaptation, translation, annotation or arrangement of a
pre-existing work shall pay remuneration both to the owner of
the copyright in the work created by adaptation, translation,
annotation or arrangement and to the owner of the copyright in the
original work.
Where a performer performs a work created by another and that
performance is exploited for the production of a sound recording,
video recording, radio program or television program, Articles 37 and
40 shall apply.
Article 36. A performer shall, in relation to his performance,
enjoy the right:
(1) to claim performership;
(2) to protect the image inherent in his performance from distortion;
(3) to authorize others to make live broadcasts;
(4) to authorize others to make sound recordings and video
recordings for commercial purposes, and to receive remuneration
therefor.
production of a sound recording, exploits an unpublished work
created by another, shall obtain permission from, and pay
remuneration to, the copyright owner. A producer of a sound recording
who, for the production of a sound recording, exploits a published work
created by another, does not need permission from, but shall, as
prescribed by regulations, pay remuneration to, the copyright owner;
such work shall not be exploited where the copyright owner has
declared that such exploitation is not permitted.
A producer of video recordings who, for the production of a video
recording, exploits a work created by another shall obtain
permission from, and pay remuneration to, the copyright owner.
A producer of sound recordings or video recordings who exploits
a work created by adaptation, translation, annotation or
arrangement of a pre-existing work shall pay remuneration both to
the owner of the copyright in the work created by adaptation,
translation, annotation or arrangement and to the owner of copyright in
the original work.
Article 38. When producing a sound recording or video
recording, the producer shall conclude a contract with, and pay
remuneration to, the performers.
Article 39. A producer of sound recordings or video recordings
shall have the right to authorize others to reproduce and distribute
such sound recordings or video recordings and the right to
receive remuneration therefor. The term of protection of such
rights shall be fifty years, expiring on December 31 of the fiftieth
year after the first publication of the recording.
A producer of sound recordings or video recordings who is
authorized to reproduce and distribute a sound recording or video
recording shall also pay remuneration to the copyright owner and to
the performer as prescribed by regulations.
exploits, for the production of a radio or television program,
an unpublished work created by another, shall obtain permission from,
and pay remuneration to, the copyright owner.
A radio station or television station that exploits, for the
production of a radio or television program, a published work created
by another does not need a permission from the copyright owner, but
such a work shall not be exploited where the copyright owner has
declared that such exploitation is not permitted. In addition,
remuneration shall be paid as prescribed by regulations unless this
Law provides that no remuneration need to be paid.
A radio station or television station that exploits, for the
production of a radio or television program, a work created by
adaptation, translation, annotation or arrangement of a
pre-existing work, shall pay remuneration both to the owner of the
copyright in the work created by adaptation, translation, annotation
or arrangement and to the owner of the copyright in the original work.
Article 41. When producing a radio program or television
program, the radio station or television station shall conclude a
contract with, and pay remuneration to, the performers.
Article 42. A radio station or television station shall, in
respect of a program produced by it, enjoy the right:
(1) to broadcast the program;
(2) to authorize others to broadcast the program. and to
receive remuneration therefor;
(3) to authorize others to reproduce and distribute the radio or
television programs, and to receive remuneration therefor.
The term of protection of the rights specified in the preceding
paragraph shall be fifty years, expiring on December 31 of the
fiftieth year after the first broadcasting of the program.
A producer of sound recordings or video recordings who is
authorized to reproduce and distribute a radio or television
program shall also pay remuneration to the copyright owner and
the performer as prescribed by regulations.
Article 43. A radio station or television station that
broadcasts, for non-commercial purposes, a published sound
recording needs not obtain permission from, or pay remuneration to,
the copyright owner, performer or producer of the sound recording.
Article 44. A television station that broadcasts a
cinematographic, television or videographic work produced by another
shall obtain permission from, and pay remuneration to, the
producer of the cinematographic, television or videographic work.
CHAPTER V LEGAL LIABILITIES
Article 45. Anyone who commits any of the following
acts of infringement shall bear civil liability for such remedies
as ceasing the infringing act, elimination the effects of the act,
making a public apology or paying compensation for damages, depending
on the circumstances:
(1) publishing a work without the consent of the copyright owner;
(2) publishing a work of joint authorship as a work created
solely by oneself, without the consent of the other co-authors;
(3) having one's name mentioned in connection with a work
created by another, in order to seek personal fame and gain, where
one has not taken part in the creation of the work;
(4) distorting or mutilating a work created by another;
(5) exploiting a work by performance, broadcasting,
exhibition, distribution, making cinematographic,television, or
video productions, adaptation, translation, annotation,
compilation, or by other means, without the consent of the
copyright owner, unless otherwise provided in this Law;
(6) exploiting a work created by another without paying
remuneration as prescribed by regulations;
(7) broadcasting a live performance without the consent of the
performer;
(8) committing other acts of infringement of copyright and of other
rights related to copyright.
Article 46. Anyone who commits any of the following
acts of infringement shall bear civil liability for such remedies
as ceasing the infringing act, eliminating the effects of the act,
making a public apology or paying compensation for damages, depending
on the circumstances, and may, in addition, be subjected by a
copyright administration department to such administrative penalties
as confiscation of unlawful income from the act or imposition of a fine:
(1) plagiarizing a work created by another;
(2) reproducing and distributing a work for commercial purposes
without the consent of the copyright owner;
(3) publishing a book where the exclusive right of publication
belongs to
another;
(4) reproducing and publishing a sound recording or video
recording of a performance without the consent of the performer;
(5) reproducing and distributing a sound recording or video
recording produced by another, without the consent of the producer;
(6) reproducing and distributing a radio or television program
produced by a radio station or television station without the
consent of the radio station or television station;
(7) producing or selling a work of fine art where the signature
of an artist is counterfeited.
Article 47. A party who fails to fulfill his contractual
obligations, or executes them in a manner that is not in
conformity with the agreed conditions of the contract, shall bear
civil liability in accordance with the relevant provisions of the
General Principles of the Civil Code.
Article 48. A dispute over copyright infringement may be
settled by mediation. If mediation is unsuccessful, or if one of the
parties fails to carry out an agreement reached by mediation,
proceedings may be instituted in a people's court. Proceedings may
also be instituted directly in a people's court if the parties do not
wish to settle dispute by mediation.
Article 49. a dispute over a copyright contract may be
settled by mediation. It may also be submitted for arbitration
to a copyright arbitration body under the arbitration clause in
the contract, or under a written arbitration agreement concluded after
the contract has been signed.
The parties shall implement the arbitration award. If one of the
parties fails to implement the award, the other party may apply to a
people's court for enforcement.
If the people's court that has been requested to enforce an
arbitration award finds the award unlawful, it shall have the
right to refuse the enforcement. If a people's court refuses to
enforce an arbitration award, the parties may institute proceedings
concerning the contractual dispute in a people's court.
Any party may institute proceedings directly in a people's court
in the absence of an arbitration clause in the contract or in the
absence of a written arbitration agreement concluded after the contract
has been signed.
Article 50. Any party who objects to an adiminstrative
penalty may institute proceedings in a people's court within three
months of having received the written decision on the penalty. If a
party neither institutes proceedings nor implements the decision
within the above time limit, the copyright administration department
concerned may apply to a people's court for enforcement.
CHAPTER VI SUPPLEMENTARY PROVISIONS
Article 51. For the purpose of this Law, the terms
"zhuzuoquan" (author's right) and "banquan" (copyright) are synonymous.
Article 52. The term "reproduction" as used in this Law shall
mean the act of producing one or more copies of a work by printing,
photocopying, copying, lithographing, duplicating a recording,
or duplicating a photographic work, or by other means.
The term "reproduction" as used in this Law shall not
cover the construction or the manufacture of industrial products
on the basis of drawings of engineering designs and product
designs, and descriptions thereof.
Article 53. Regulations for the protection of computer software
shall be established separately by the State Council.
Article 54. The implementing regulations of this Law shall be
drawn up by the copyright administration department under the
State Council and implemented on approval by the State Council.
Article 55. The rights of copyright owners, publishers,
performers, producers of sound recordings and video recordings,
radio stations and television stations as provided for in this Law,
of which the the term of protection specified in this Law has not
yet expired on the date of this Law's entry into force, shall be
protected in accordance with this Law.
Any infringements of copyright and the rights related to
copyright or breaches of contract committed prior to the entry into
force of this Law shall be dealt with under the relevant regulations
or policies in force at the time when the infringement was committed.
Article 56. This Law shall enter into force on June 1, 1991.
* quyi refers to traditional art forms including ballad singing,
story telling, comic dialogues, clapper talks, cross talks, etc.