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Copyright Law of the People's Republic of China
(Adopted at the Fifteenth Session of the Standing Committee of the Seventh National People's Congress on 7 September 1990, and revised in accordance with the Decision on the Amendment of the Copyright Law of the People's Republic of China adopted at the 24th Session of the Standing Committee of the Ninth National People's Congress on 27 October 2001.)
Chapter l General Provisions
Article 1 This Law is enacted, in accordance with the Constitution, for the purposes of protecting the copyright of authors in their literary, artistic and scientific works and the copyright-related rights and interests, of encouraging the creation and dissemination of works which would contribute to the construction of socialist spiritual and material civilization, and of promoting the development and prosperity of the socialist culture and science.
Article 2 Works of Chinese citizens, legal entities or other organizations, whether published or not, shall enjoy copyright in accordance with this Law.
Any work of a foreigner or stateless person which is eligible to enjoy copyright under an agreement concluded between the country to which the foreigner belongs or in which he has habitual residence and China, or under an internationa1 treaty to which both countries are party, shall be protected in accordance with this Law.
Works of foreigners or stateless persons first published in the territory of the People's Republic of China shall enjoy copyright in accordance with this Law.
Any work of a foreigner who belongs to a country which has not concluded an agreement with China, or which is not a party to an international treaty with China or a stateless person first published in an country which is a party to an international treaty with China, or in such a member state or nonmember state, shall be protected in accordance with
this Law.
Article 3 For the purposes of this Law, the term "works" includes works of literature, art, natural science, social science, engineering technology and the like which are expressed in the following forms:
(1) written works;
(2) oral works;
(3) musical, dramatic, quyi', choreographic and acrobatic works;
(4) works of fine art and architecture;
(5) photograPh1c works;
(6) cinematographic works and works created by virtue of an analogous method of film production;
(7) drawings of engineering designs, and product designs; maps, sketches and other graphic works and model works;
(8) computer software;
(9) other works as provided for in laws and administrative regulations.
Article 4 Works the publication or distribution of which is prohibited by law shall not be protected by this Law.
Copyright owners, in exercising their copyright, shall not violate the Constitution or laws or prejudice the public interests.
Article 5 This Law shal1 not be applicable to:
(l) laws; regulations; resolutions, decisions and orders of State organs; other documents of a legislative, administrative or judicial nature; and their official translations;
(2) news on current affairs; and
(3) calendars, numerical tables and forms of general use, and formulas.
Article 6 Regulations for the protection of copyright in expressions of folklore shall be established separately by the State Council.
Article 7 The copyright administration department under the State Council shall be responsible for the nationwide administration of copyright. The copyright administration department of the People's Government of each province, autonomous region and municipality directly under the Central
Government shall be responsible for the administration of copyright in its
administrative region.
Article 8 The copyright owners and copyright-related right holders may
authorize an organization for collective administration of copyright to
exercise the copyright or any copyright-related right. After
authorization, the organization for collective administration of copyright
may, in its own name, claim the right for the copyright owners and
copyright-related right holders, and participate, as an interested party,
in litigation or arbitration relating to the copyright or
copyright-related right.
The organization for collective administration of copyright is a
non-profit organization. Provisions for the mode of its establishment,
rights and obligations, collection and distribution of the royalties of
copyright licensing, and supervision and administration thereof shall be
separately established by the State Council.
Chapter II Copyright
Section 1 Copyright Owners and Their mght8
Article 9 The term "copyright owners" shall include:
(1) authors;
(2) other citizens, legal entities and other organizations enjoying
copyright in accordance with this Law.
Article 10 The term "copyright" shall include the following personality
rights and property rights:
(l) the right of publication, that is, the right to decide whether to make
a work available to the public;
(2) the right of authorship, that is, the right to claim authorship and to
have the author's name mentioned in connection with the work;
(3) the right of alteration, that is, the right to alter or authorize
others to alter one's work;
(4) the right of integrity, that is, the right to protect one's work
against distortion and mutilation;
(5) the right of reproduction, that is, the right to produce one or more
copies of a work by printing, photocopying, lithographing, making a sound
recording or video recording, duplicating a recording, or duplicating a
photographic work or by any other means;
(6) the right of distribution, that is, the right to make available to the
public the original or reproductions of a work though sale or other
transfer of ownership;
(7) the right of rental, that is, the right to authorize, with payment,
others to temporarily use cinematographic works, works created by virtue
of an analogous method of film production, and computer software, except
any computer software that is not the main subject matter of rental;
(8) the right of exhibition, that is, the right to publicly display the
original or reproduction of a work of fine art and photography;
(9) the right of performance, that is, the right to publicly perform a
work and publicly broadcast the performance of a work by various means;
(10) the right of showing, that is, the right to show to the public a
work, of fine art, photography, cinematography and any work created by
analogous methods of film production through film projectors, over-head
projectors or any other technical devices;
(11) the right of broadcast, that is, the right to publicly broadcast or
communicate to the public a work by wireless means, to communicate to the
public a broadcast work by wire or relay means, and to communicate to the
public a broadcast work by a loudspeaker or by any other analogous tool
used to transmit symbols, sounds or pictures;
(12) the right of communication of information on networks, that is, the
right to communicate to the public a work, by wire or wireless means in
such a way that members of the public may access these works from a place
and at a time individually chosen by them;
(13) the right of making cinematographic work, that is, the right to
fixate a work on a carrier by way of film production or by virtue of an
analogous method of film production;
(14) the right of adaptation, that is, the right to change a work to
create a new work of originality;
(15) the right of translation, that is, the right to translate a work in
one language into one in another language;
(16) the right of compilation, that is, the right to compile works or
parts of works into a new work by reason of the selection or arrangement;
and
(17) any other rights a copyright owner is entitled to enjoy.
A copyright owner may authorize another person to exercise the rights
under the preceding paragraphs (5) to (17), and receive remuneration
pursuant to an agreement or this Law.
A copyright owner may assign, in part or in whole, the rights under the
preceding paragraphs (5) to (17), and receive remuneration pursuant to an
agreement or this Law.
Section 2 Ownership of Copyright
Article 11 Except where otherwise provided in this Law, the copyright in a
work shall belong to its author.
The author of a work is the citizen who has created the Work.
Where a work is created according to the intention and under the
supervision and responsibility of a legal entity or other organization,
such legal entity or organization shall be deemed to be the author of the
work.
The citizen, legal entity or other organization whose name is mentioned in
connection with a work shall, in the absence of proof to the contrary, be
deemed to be the author of the work.
Article 12 Where a work is created by adaptation, translation, annotation
or arrangement of a preexisting work, the copyright in the work thus
created shall be enjoyed by the adapter, translator, annotator or
arranger, Provided that the exercise of such copyright shall not prejudice
the copyright in the original work.
Article 13 Where a work is created jointly by two or more co-authors, the
copyright in the work shall be enjoyed jointly by those co-authors.
Co-authorship may not be claimed by anyone who has not participated in the
creation of the work.
If a work of joint authorship can be separated into independent parts and
exploited separately, each co-author shall be entitled to independent
copyright in the parts that he has created, provided that the exercise of
such copyright shall not prejudice the copyright in the joint work as a
whole.
Article 14 A work created by compilation of several works, parts of works,
data that do not constitute a work or other materials and having
originality in the selection or arrangement of its contents is a work of
compilation. The copyright in a work of compilation shall be enjoyed by
the compiler, provided that the exercise of such copyright shall not
prejudice the copyright in the preexisting works.
Article 15 The copyright in a cinematographic work and any work created by
an analogous method of fl1m production shall be enjoyed by the producer of
the work, but the scriptwriter, director, cameraman, lyricist, composer,
and other authors thereof shall enjoy the right of authorship in the work,
and have the right to receive remuneration pursuant to the contract
concluded with the producer.
The authors of the screenplay, musical works and other works that are
incorporated in a cinematographic work and work created by virtue of an
analogous method of film production and can be exploited separately shall
be entitled to exercise their copyright independently.
Article 16 A work created by a citizen in the fulfillment of tasks
assigned to him by a legal entity or other organization shall be deemed to
be a work created in the course of employment. The copyright in such work
shall be enjoyed by the author, subject to the provisions of the second
paragraph of this Article, provided that the legal entity or other
organization shall have a priority right to exploit the work within the
scope of its professional activities. During the two years after the
completion of the work, the author shall not, without the consent of the
legal entity or other organization, authorize a third party to exploit the
work in the same way as the legal entity or other organization does.
In any of the following cases the author of a work created in the course
of employment shall enjoy the right of authorship, while the legal entity
or other organization shall enjoy the other rights included in the
copyright and may reward the author:
(1) drawings of engineering designs and product designs and maps, computer
software and other works created in the course of employment mainly with
the material and technical resource of the legal entity or other
organization and under its responsibility;
(2) works created in the course of employment where the copyright is, in
accordance with laws, administrative regulations or contracts, enjoyed by
the legal entity or other organization.
Article 17 The ownership of the copyright in a commissioned work shall be
agreed upon in a contract between the commissioning and the commissioned
parties. In the absence of a contract or of an explicit agreement in the
contract, the copyright in such a work shall belong to the commissioned
party.
Article 18 The transfer of ownership of the original copy of a work of
fine art, or other works, shall not be deemed to include the transfer of
the copyright in such work, provided that the right to exhibit the
original copy of a work of fine art shall be enjoyed by the owner of such
original copy.
Article 19 Where the copyright in a work belongs to a citizen, the right
of exploitation and the rights under Article 10, paragraphs (5) to (17),
of this Law in respect of the work shall, after his death, during the term
of protection provided for in this Law, be transferred in accordance with
the provisions of the Inheritance Law.
Where the copyright in a work belongs to a legal entity or other
organization, the rights under Articles l0, paragraphs (5) to (l7), of
this Law, shall, after the change or the termination of the status of the
legal entity or other organization, during the term of protection provided
for in this Law, be enjoyed by the succeeding legal entity or other
organization which has taken over the former's rights and obligations, or,
in the absence of such successor entity or other organization, by the
State.
Section 3 Term of Prot6ction for rights
ArticIe 20 The rights of authorship, alteration and integrity of an author
shall be unlimited in time.
Article 21 The term of protection for the right of publication and the
rights referred to in Article l0, paragraphs (5) to (17), of this Law in
respect of a work of a citizen shall be the lifetime of the author and
fifty years after his death, and expires on 31 December of the fiftieth
year after the death of the author. In the case of a work of joint
authorship, such term shall expire on 31 December of the fiftieth year
after the death of the last surviving author.
The term of protection for the right of publication and the rights
provided for in Article 10, paragraphs (5) to (17), of this Law in respect
of a work where the copyright belongs to a legal entity or other
organization or in respect of a work created in the course of employment
where the legal entity or other organization enjoys the copyright (except
the right of authorship), shall be fifty years, and expires on 31 December
of the fiftieth year after the first Publication of such work, provided
that any such work that has not been published within t1tty years after
the completion of its creation shall no longer be protected under this
Law.
The term of protection for the right of publication or protection for the
right of publication or
the rights referred to in Article l0, paragraphs (5) to (17), of this Law
in respect of a cinematographic work, a work created by virtue of an
analogous method of film production or a photographic work shall be fifty
years, and expires on 3l December of the fiftieth year after the first
publication of such work, provided that any such work that has not been
published within fifty years after the completion of its creation shall no
longer be protected under this Law.
Section 4 Limitations on Rights
Article 22 In the following cases, a work may be exploited without
permission from, and without payment of remuneration to, the copyright
owner, provided that the name of the author and the title of the work
shall be mentioned and the other rights enjoyed by the copyright owner by
virtue of this Law shall not be prejudiced:
(l) use of a published work for the purposes of the user's own private
study, research or self-entertainment;
(2) appropriate quotation from a published work in one's own work for the
purposes of introduction to, or comments on, a work, or demonstration of a
point;
(3) reuse or citation, for any unavoidable reason, of a published work in
newspapers, periodicals, at radio stations, television stations or any
other media for the purpose of reporting current events;
(4) reprinting by newspapers or periodicals, or rebroadcasting by radio
stations, television stations, or any other media, of articles on current
issues relating to politics, economics or religion published by other
newspapers, periodicals, or broadcast by other radio stations, television
stations or any other media except where the author has declared that the
reprinting and rebroadcasting is not permitted;
(5) publication in newspapers or periodicals, or broadcasting by radio
stations, television stations or any other media, of a speech delivered at
a public gathering, except where the author has declared that the
publication or broadcasting is not permitted;
(6) translation, or reproduction in a small quantity of copies, of a
published work for use by teachers or scientific researchers, in classroom
teaching or scientific research, provided that the translation or
reproduction shall not be published or distributed;
(7) use of a published work, within proper scope, by a State organ for the
purpose of fulfilling its official duties;
(8) reproduction of a work in its collections by a library, archive,
memorial hall, museum, art gallery or any similar institution, for the
purposes of the display, or preservation of a copy, of the work;
(9) free-of-charge live performance of a published work and said
performance neither collects any fees from the members of the public nor
pays remuneration to the performers;
(10) copying, drawing, photographing or video recording of an artistic
work located or on display in an outdoor public place;
(11) translation of a published work of a Chinese citizen, legal entity or
any other organization from the Han language into any minority nationality
language for publication and distribution within the country; and
(12) transliteration of a published work into Braille and publication of
the work so transliterated.
The above limitations on rights shall be applicable also to the rights of
publishers, performers, producers of sound recordings and video
recordings, radio stations and television stations.
Article 23 In compiling and publishing textbooks for implementing the
nine-year compulsory education and the national educational program, parts
of published works, short written works, music works or single copies of
works of painting or photographic works may be compiled into textbooks
without the authorization from the authors, except where the authors have
declared in advance the use thereof is not permitted, with remuneration
paid according to the regulations, the name of the author and the title of
the work indicated and without prejudice to other rights enjoyed by the
copyright owners according to this Law.
The above limitations on rights shall be applicable also to the rights of
publishers, performers, producers of sound recordings and video
recordings, radio stations and television stations.
Chapter lIl Copyright Licensing and Assignment Contracts
Article 24 Subject to provisions in this Law according to which no
permission is needed, anyone who exploits a work created by others shall
conclude a contract with, or otherwise obtain permission from, the
copyright owner.
A licensing contract shall include the following basic clauses:
(l) the category of right licensed for exploitation of the work covered by
the license;
(2) the exclusive or non-exclusive nature of the right to exploit the work
covered by the license;
(3) the geographic area and term of the license;
(4) the standard of remuneration and the method of payment;'
(5) the liability in case of breach of the contract; and
(6) any other matter that the contracting parties consider necessary.
Article 25 Assignment of a right referred to in Article 10, paragraphs (5)
to (17), of this Law shall require conclusion of a contract in writing.
A contract of assignment shall include the following basic clauses:
(1) title of the work;
(2) category and geographic area of the assigned right;
(3) assignment price;
(4) date and manner of payment of the assignment price;
(5) liabilities for breach of the contract; and
(6) any other matters that the contracting parties consider necessary.
Article 26 The other party shall not, without permission from the
copyright owner, exercise any right that the copyright owner has not
expressly licensed or assigned in the licensing and assignment contract.
Article 27 The standard of remuneration for the exploitation of a work may
be fixed by the interested parties or may be paid according to the
standard established by the copyright administration department under the
State Council in collaboration with other departments concerned. Where the
interested parties have not expressly fixed it, remuneration may also be
paid in accordance with the standard established by the copyright
administration department under the State Council in collaboration with
other departments concerned.
Article 28 Publishers, performers, producers of sound recordings and video
recordings, radio stations, television stations and other entities who or
which have obtained, pursuant to the relevant provisions of this Law, the
right to exploit the copyright of others, shall not prejudice the authors'
rights of authorship, alteration or integrity, or their right to
remuneration.
Chapter IV Publication, Performance, Sound
Recording, Video Recording and Broadcasting
Section 1 Publication of Books, Newspapers and Periodicals
Article 29 A book publisher who publishes a book shall conclude a
publishing contract with, and pay remuneration to, the copyright owner.
Article 30 A book publisher shall have the exclusive right to publish the
work delivered to him by the copyright owner for publication. The
exclusive right to publish a work enjoyed by the book publisher specified
in the contract shall be protected by law, and the work may not be
published by others.
Article 31 The copyright owner shall deliver the work within the term
specified in the contract. The book publisher shall publish the work in
accordance with the quality requirements and within the term specified in
the contract.
The book publisher shall bear the civil liability specified in Article 53
of this Law if he fails to publish the work within the term specified in
the contract.
The book publisher shall notify, and pay remuneration to, the copyright
owner when the work is to be reprinted or republished. If the publisher
refuses to reprint or republish the work when stocks of the book are
exhausted, the copyright owner shall have the right to terminate the
contrast.
Article 32 Where a copyright owner has submitted the manuscript of his
work to a newspaper or a periodical publisher for publication and has not
received, within 15 days from the newspaper publisher or within 30 days
from the periodical publisher, counted from the date of submission of the
manuscript, any notification of the said publisher's decision to publish
the work, the copyright owner may submit the manuscript of the same work
to another newspaper or periodical publisher for publication, unless the
two parties have agreed otherwise.
Except where the copyright owner has declared that reprinting or
excerpting is not permitted, other newspaper or periodical publishers may,
after the publication of the work by a newspaper or periodical, reprint
the work or print an abstract of it or print it as reference material, but
such other publishers shall pay remuneration to the copyright owner as
prescribed in regulations.
Article 33 A book publisher may alter or abridge a work with the
permission of the copyright owner.
A newspaper or periodical publisher may make editorial modifications and
abridgements in a work, but shall not make modifications in the contents
of the work unless permission has been obtained from the author.
Article 34 When publishing works created by adaptation, translation,
annotation, arrangement or compilation of preexisting works, the publisher
shall both have the permission from, and pay remuneration to, the owners
of the copyright in the works created by means of adaptation, translation,
annotation, arrangement or compilation and the owners of the copyright in
the original works.
Article 35 A publisher has the right to license or prohibit any other
person to use the typographical arrangement of books or periodicals he has
published.
The term of protection for the right provided for in the preceding
paragraph shall be ten years, and expires on 3l December of the tenth year
after the first publication of the books or periodicals using the
typographical arrangement.
Section 2 Performance
Article 36 A performer (an individual performer or a performing entity)
who for a performance exploits a work created by another person shall
obtain permission from, and pay remuneration to, the copyright owner.
Where a performing organizer organizes a performance, the Organizer shall
obtain permission from, and pay remuneration to, the copyright owner.
When exploiting, for performance, works created by adaptation,
translation, annotation, arrangement or compilation of preexisting works,
the performer shall both have the permission from, and pay remuneration
to, the owners of the copyright in the works created by means of
adaptation, translation, annotation, arrangement or compilation and the
owners of the copyright in the original works.
Article 37 A performer shall, in relation to his performance, enjoy the
right
(l) to claim performer ship;
(2) to protect the image inherent in his performance from distortion;
(3) to authorize others to make live broadcasts and public transmission of
its or his performance and to receive remuneration;
(4) to authorize others to make sound recordings and video recordings, and
to receive remuneration therefore.
(5) to authorize others to reproduce or distribute sound recordings and
video recordings incorporating his performance, and to receive
remuneration therefore; and
(6) to authorize others to communicate his performance to the public on
information network, and to receive remuneration therefore.
The person so authorized who exploits the work in the way referred to in
the preceding paraphraphs (3) to (6) shall obtain permission from, and pay
remuneration to, the copyright owner.
Article 38 The term of protection for the rights provided for in Article
37, paragraphs (1) and (2), of this Law shall not be subject to any
limitation.
The term of protection for the rights provided for in Article 37,
paragraphs (3) to (6), of this Law shall be fifty years, and expires on 31
December of the fiftieth year after the performance was made.
Section 3 Sound Recordings and Video Recordings
Article 39 A producer of sound recordings or video recording who, for the
production of a sound recording or video recording, exploits a work
created by another person, shall obtain permission from, and pay
remuneration to, the copyright owner.
A producer of sound recordings or video recordings who exploits a work
created by adaptation, translation, annotation or arrangement of a
preexisting work shall both obtain permission from, and pay remuneration
to the owner of the copyright in the work created by adaptation,
translation, annotation or arrangement and to the owner of the copyright
in the original work.
A producer of sound recordings who exploits a music work another person
has duly made into a sound recording to produce sound recordings, may not
obtain permission from, but shall pay remuneration to the copyright owner
as prescribed by regulat1ons, such Work shall not be exploited where the
copyright owner has declared that such exploitation is not permitted.
Article 40 When producing a sound recording or video recording, the
producer shall conclude a contract with, and pay remuneration to, the
performers.
Article 41 A producer of sound recordings or video recordings shall have
the right to authorize others to reproduce, distribute, rent and
communicate to the public on an information network such sound recordings
or video recordings and the right to obtain remuneration therefore. The
term of protection of such rights shall be fifty years, and expires on 3l
December of the fiftieth year after the recording was first produced.
Any one who is authorized to reproduce, distribute and communicate to the
public on an information network a sound recording or video recording
shall also obtain permission from, and pay remuneration to, the copyright
owner and the performer as presented by regulations.
Section 4 Broadcasting by Radio Stations or Television Stations
Article 42 A radio station or television station that broadcasts an
unpublished work created by another person, shall obtain permission from,
and pay remuneration to, the copyright owner.
A radio station or television station that broadcasts a published work
created by another person does not need a permission from, but shall pay
remuneration to, the copyright owner.
Article 43 A radio station or television station that broadcasts a
published sound recording, does not need a permission from, but shall pay
remuneration to, the copyright owner, except that the interested parties
have agreed otherwise. The specific procedures for treating the matter
shall be established by the State Council.
Article 44 A radio station or television station shall have the right to
prohibit the following acts without authorization therefrom:
(1) to rebroadcast its broadcast radio or television program; and
(2) to fix its broadcast radio or television program on a sound recording
or video recording carrier and to reproduce the sound recording or video
recording carrier.
The term of protection for the right referred to in the preceding
paragraph shall be fifty years, and expires on 31 December of the fiftieth
year after the radio or television program was first broadcast.
Article 45 A television station that broadcasts a cinematographic work, a
work created by virtue of an analogous method of film production or a
video graphic work produced by another person shall obtain permission
from, and pay remuneration to, the producer of the
Cinematographic or video graphic work; the station that broadcasts a video
graphic work produced by another person shall obtain permission of, and
pay remuneration to, the copyright owner.
Chapter V Legal Liabilities and Enforcement Measures
Article 46 Anyone who commits any of the following acts of infringement
shall bear civil liability for such remedies as ceasing the infringing
act, eliminating the effects of the act, making an apology or paying
compensation for damages, depending on the circumstances:
(1) publishing a work without the permission of the copyright owner;
(2) publishing a work of joint authorship as a work created solely by
oneself, without the permission of the other co-authors;
(3) having one's name mentioned in connection with a work created by
another, in order to seek personal fame and gain, where one has not taken
part in the creation of the work;
(4) distorting or mutilating a work created by another;
(5) plagiarizing a work of another person;
(6) exploiting by exhibition, film production or any analogous method of
film production, or by adaptation, translation, annotation, or by other
means, without the permission of the copyright owner, unless otherwise
provided in this Law;
(7) exploiting a work created by another person without paying
remuneration as prescribed by regulations;
(8) rending a work, sound recording or video recording, without the
permission of the copyright owner of a cinematographic work, a work
created by virtue of an analogous method of film production, computer
software, sound recording or video recording or the owner of a
copyright-related right unless otherwise provided in this Law.
(9) exploiting the typographic arrangement of a book or periodical without
the permission of the publisher.
(10) broadcasting live a performance or communicating the live performance
to the public, or recording his performance without the permission of the
performer; or
(11) committing any other act of infringement of copyright and of other
rights and interests relating to copyright.
Article 47 Anyone who commits any of the following acts of infringement
shall bear civil liability for such remedies as ceasing the infringing
act, eliminating the effects of the act, making an apology or paying
damages, depending on the circumstances' and may, in addition, be
subjected by a copyright administration department to such administrative
penalties as ceasing the infringing act, confiscating unlawful income from
the act, confiscating and destroying infringing reproductions and imposing
a fine; where the circumstances are serious, the copyright administration
department may also confiscate the materials, tools, and equipment mainly
used for making the infringing reproductions; and if the act constitutes a
crime, the infringer shall be prosecuted for his criminal liability:
(1) reproducing, distributing, performing, showing, broadcasting,
compiling or communicating to the public on an information network a work
created by another person,
without the permission of the copyright owner, unless otherwise provided
in this Law;
(2) publishing a book where the exclusive right of publication belongs to
another person;
(3) reproducing and distributing a sound recording or video recording of a
performance, or communicating to the public his performance on an
information network without the permission of the performer, unless
otherwise provided in the Law;
(4) reproducing and distributing or communicating to the public on an
information network a sound recording or video recording produced by
another person, without the permission of the producer, unless otherwise
provided in the Law;
(5) broadcasting and reproducing a radio or television program produced by
a radio station or television station without the permission of the radio
station or television station, unless otherwise provided in this Law;
(6) intentionally circumventing or destroying the technological measures
taken by a right holder for protecting the copyright or copyright-related
rights in his work, sound recording or video recording, without the
permission of the copyright owner, or the owner of the copyright-related
rights, unless otherwise provided in law or in administrative regulations;
(7) intentionally deleting or altering the electronic right management
information of a work, sound recording or video recording, without the
permission of the copyright owner or the owner of a copyright-related
right, unless otherwise provided in law or in administrative regulations;
or
(8) producing or selling a work where the signature of another is
counterfeited.
Article 48 Where a copyright or a copyright-re1ated right is infringed,
the infringer shall compensate for the actually injury suffered by the
right holder; where the actual injury is difficult to compute, the damages
shall be paid on the basis of the unlawful income of the infringer. The
amount of damages shall also include the appropriate fees paid by the
right holder to stop the infringing act.
Where the right holder's actual injury or infringer's Unlawful income
cannot be determined, the People's Court shall Judge the damages not
exceeding RMB 500, 00 depending on the circumstances of the infringing
act.
Article 49 A copyright owner or owner of a copyright-related right who has
evidence to establish that another person is committing or will commit an
act of infringing his right, which could cause irreparable injury to his
legitimate rights and interests if the act is not stopped immediately, may
apply to the People's Court for ordering cessation of the related act and
for taking the measures for property preservation before instituting legal
proceedings.
The provisions of Articles 93 to 96 and 99 of the Civil Procedure Law of
the People's Republic of China shall apply when the People's Court handles
the application referred to in the preceding paragraph.
Article 50 For the purpose of preventing an infringing act and under the
circumstance where the evidence could be lost or is difficult to obtain
at1erwards, the copyright owner or the owner of a copyright-related right
may apply to the People's Court for evidence preservation before
initiating legal proceedings.
The People's Court must make the decision within forty-eight hours after
it accepts an application; the measures of preservation shall be taken
without delay if it is decided to do so.
The People's Court may order the applicant to provide a guaranty, if the
latter fails to do so, the Court shall reject the application.
Where the applicant fails to institute legal proceedings within fifteen
days after the People's Court adopted the measures of preservation, the
latter shall terminate the measures of preservation.
Article 51 The People's Court hearing a case may confiscate the unlawful
income, infringing reproductions and materials used for committing the
illegal act of infringement of copyright or copyright-related rights.
Article 52 The publisher or producer of a reproduction who cannot prove
that his publication or production has been authorized, the distributor of
a reproduction or the renter of the reproduction of a cinematographic
work, a work created by virtue of an analogous method of film production,
computer software, sound recording or video recording who cannot prove
that his distributed or rented reproduction has been from a lawful source,
shall bear legal liability.
Article 53 A party who fails to fulfill his contractual obligations, or executes them in a manner that is not in conformity with the agreed conditions of the contract, shall bear civil liability in accordance with the relevant provisions of the General Principles of the Civil Law of the People's Republic of China, the Contract Law of the People's Republic of China and other relevant laws and regulations.
Article 54 A dispute over copyright may be settle by mediation. lt may also be submitted for arbitration to a copyright arbitration body under a written arbitration agreement concluded between the parties or under the arbitration clause in the contract.
Any party may institute proceedings directly in the People's Court in the absence of a written arbitration agreement or in the absence of an arbitration clause in the contract.
Article 55 Any party who is not satisfied with an administrative penalty may institute proceedings in the People's Court within three months from the date of receipt of the written decision on the penalty. If a party neither institutes legal proceedings nor implements the decision within the time limit, the copyright administration department concerned may apply to the People's Court for enforcement.
Chapter Vl Supplementary Provisions
Article 56 For the purposes of this Law, the terms "zhuzuoquan"2 is "banquan"2.
Article 57 "publication" referred to in Article 2 of this Law means the reproduction and distribution of a work.
Article 58 Regulations for the protection of computer software and the right of communication of information on network shall be established separately by the State Council.
Article 59 The rights of copyright owners, publishers, performers, producers of sound recordings and video recordings, radio stations and television' stations as provided for in this Law, of which the term of protection specified in this Law has not yet expired on the date of this Law's entry into force, shall be protected in accordance with this Law.
Any infringements of copyright and the copyright-related rights or breaches of contract committed prior to the entry into force of this Law shall be dealt with under the relevant regulations or policies in force at the time when the act was committed.
Article 60 This Law shall enter into force on June 1, l99l.
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