PRC Copyright Law (Revision draft for solicitation of Comments

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Copyright Law of the People's Republic of China
(Draft Revisions for Solicitation of Comments)

Table of Contents
Chapter I:General Provisions
Chapter II:Copyrights
Section 1:Copyright holders and their rights
Section 2:Copyright entitlement
Section 3:Term of protection for copyright
Chapter III:Related rights
Section 1:Publishers
Section 2:Performers
Section 3:Audio productionists
Section 4:Radio and television stations
Chapter IV:Limitations on rights
Chapter V:Exercise of rights
Section 1:Contracts for copyrights and related rights
Section 2:Consolidated copyright management
Chapter VI:Technological protection measures and rights management information
Chapter VII:Rights protection
Chapter VIII:Supplementary Provisions

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Chapter I:General Provisions

Article 1: This law is formulated in accordance with the Constitution in order to protect the copyrights of creators of literary, artistic and scientific works, as well as the related rights of disseminators, to encourage the creation and dissemination of works beneficial to the construction of a culture in the spirit of socialism and material culture, and to stimulate the development and flourishing of Socialist culture, science and economy.

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.

Article 3: The page format design, performances, audio works and radio or television programs 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.

Concerning foreigners from countries that have not concluded agreements with China or that jointly participate in international treaties and stateless persons, their audio works that are performed within the borders of China or that are produced and distributed within the borders of China, are protected by this Law.

Article 4: Works of applied art by foreigners and stateless persons, as well as the rights they enjoy on the basis of Article 14 of this Law, are protected by this Law where their country of nationality or habitual residence grants protection to Chinese rights holders.

Article 5: Works as named in this law refers to intellectual expressions in the literary, artistic and scientific spheres, 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 and other works expressed in orally spoken form;
(3) music works, meaning songs, compositions and other works that can be sung or performed, with lyrics or without lyrics;
(4) dramatic works, meaning dramas, plays, operas, ballets, and other works performed on stage;
(5) quyi works, meaning comic sketches, clappertalk, drum ballads, storytelling, stories with string instrument accompaniment 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, comedy and other works expressed through continuous 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 refers to toys, furniture, ornaments and other such two- or three-dimensional works of plastic art that have a practical function and have a an aesthetic significance;
(10) architectural works, meaning works having an aesthetic sense, expressed in the form of buildings or constructions, including the blueprints, design drawings, sketches and models that are the basis for their construction;
(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 continuous series of images with accompanying sound or without accompanying sound, and and that can be perceived with the aid of technological equipment, including films, television dramas as well as works created in ways similar to the production of films;
(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) Solid works, meaning three-dimensional works produced for the production of products, displaying geographical terrain or explain the principles or structures of objects;
(15) computer programs, meaning works that are expressed as source code or object code, used as commands for electronic computers or other information processing equipment, where the same computer program source code and object code is the same work;
(16) other literary, artistic and scientific works.
Copyright comes into being from the date of creation of the work, no formality must be performed.


Article 6: 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 programs 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, the production of audio works is completed for the first time and radio or television programs are transmitted for the first time, no formality must be performed.

Article 7: 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 8: 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 finance and price management department.
Fees shall be paid for registration, fee collection standards shall be formulated by the State Council administrative copyright management department together with the State Council financial and pricing management departments.
Copyright protection extends to expression, and does not extend to ideas, processes, principles, mathematical concepts, operational methods, etc.

Article 9: Copyright protection extends to 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, networks, etc.;
(3) calendars, common numeral tables, common forms and formulas.

Article 10: Folk literature and art expression protection rules are formulated separately by the State Council.

Article 11: 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:Copyrights


Section 1: Copyright holders and their rights


Article 12: Copyright holders include:
(1) creators;
(2) other natural persons, legal persons and other organizations enjoying copyright according to this law;

Article 13: 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 permit other persons 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 fix the work on a tangible carrier through 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 programs or audio works containing works or reproductions thereof for payment, except where computer programs 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 ways such as song, performance, dance, declamation, etc., as well as to disseminate works or performances of works to the public through technological equipment;
(6) the right of transmission, being the right to openly transmit the work or relay transmissions of the said work through wireless or cable means;
(7) the right of information network dissemination, being the right to provide the work to the public through wireless or cable means, causing the public to be able to obtain the work at an individually selected time and location, as well as to disseminate works provided through the above mentioned methods to the public through technological equipment;
(8) the right of adaptation, being the right to transform works into new works on other carriers or of other categories, or producing audiovisual products from written, music, dramatical and other such works, as well as to supplement, abridge, transform instructions and phrasing sequences or other changes in computer programs;
(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) other rights that copyright holders should enjoy.

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

Article 14: After the original pieces of fine art and photographic works or the manuscripts of literary or musical works are transferred for the first time, authors or their heirs or legatees have the right to share in the profit if the owner of the original piece or manuscript sells the original piece or manuscript through the auction method with added value, this right only belongs to the author, their inheritors and legatees. Methods for its protection will be formulated separately by the State Council.

Section 2: Copyright entitlement

Article 15: Copyright belongs to the creator, except where this Law provides otherwise.
The natural person creating a work is the author.

For works organized or 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 author.

Where there is no evidence to the contrary, the natural person, legal person or other organization signing the work is inferred to be the creator.

Article 16: 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.

Article 17: The copyright of works created in cooperation by two or more persons is jointly enjoyed by the authors. Persons not having participated in the creation, cannot become cooperative authors.

Where cooperative works may be used in portions, creators 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 may not be used in portions, the copyright is enjoyed jointly by all authors, and exercised 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 them, but the income shall be reasonably divided between all cooperative authors.
Where other persons infringe the copyright of cooperative works, any cooperative author may raise a lawsuit in his own name, but compensation obtained shall be reasonably divided between all cooperative authors.

Article 18: 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.

Article 19: Movie producers using novels, music, dramatical or other works to produce audiovisual works, shall obtain permission from the copyright holder; without agreement to the contrary, the copyright holders of the abovementioned existing work enjoy exclusive rights over the use of the audiovisual work on the basis of Article 16, Paragraph 2.

The creators of films, television dramas and other such audiovisual works include directors, screenwriters as well as the composers of music specially created for the audiovisual work.

The division of property rights and interests in copyright for films, television dramas and other such audiovisual works is agreed upon by the producer and the creators. Where there is no agreement or the agreement is unclear, the property rights and interests in copyright are enjoyed by the producer, but the creators have the right to sign their name and to share in the profit.
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 20: Works created by employees in completing their work duties and during working hours are professional works, their copyright entitlement is to be agreed upon by the parties.
Where the parties have 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 programs and related files as well as works created by employees or news publishers, press agencies, radio stations or television stations in the completion of their reporting duties is enjoyed by the work units, and the creator enjoys the right to sign a name.

According to the provisions of Paragraph 2 of this Article, 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, and has an exclusive use right of two years.

According to the provisions of Paragraph 2 of this Article, where a professional work is owned by the work unit, the work unit shall grant the employee the corresponding reward on the basis of the quantity and quality of the created work, employees may publish the work they create in the form of compilations.

Article 21: The copyright of works created on entrustment is to be agreed upon by the parties.

Where the parties have no agreement or the agreement is unclear, the copyright of the entrusted work 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 22: 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 art or photographic works that has not been published to another person, display of the original copy of said work does not constitute infringement of the author's right of exhibition.

Where the original piece of fine artworks exhibited in public places is the only carrier of that work, the owner of the original piece shall, before demolishing, destroying and other substantial facts, notify the creator in a reasonable period, the creator may protect his copyright through buy-back, reproduction and other methods, except where the parties have agreed otherwise.

Article 23: After the authors' death, 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 24: 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 25: 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 the “Inheritance Law of the People’s Republic of China”.

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 26: Where one cooperative authors dies, 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 authors.

Article 27: Of works of which the identity of the author 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 author is determined, the copyright is exercise by the author or his heir or legatee. After the identity of the author is determined, the copyright is exercise by the author or his heir or legatee.

Section 3:Term of protection for copyright

Article 28: 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 29: 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 author and fifty years after his death; if it is a cooperative work, the term of protection is calculated from the death of the last author.

For works of legal persons or other organizations, or professional works of which the copyright (apart from the right to sign a name) is enjoyed by the work unit and audiovisual works, 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; the term of protection of the property rights in copyright is 50 years after the work is published for the first time, 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 right of publication is 25 years, 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 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 as named in the previous three Paragraphs is to be calculated from 1 January of the year after the death of the author, first publication of the corresponding work or completion of the creation of the work.
Photographic works of which the period of protection was expired before this law took effect, but which would still be within the period of protection on the basis of Paragraph 1 of this Article, are not protected by this Law.

The provisions of Paragraph 1 of this Article applies to the period of protection for the rights provided in Article 14 of this Law.

Article 30: For works where the identity of the author 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 author is determined, the provisions of Article 29 of this Law apply.

Chapter III: Related rights

Section 1: Publishers

Article 31: Publishing as used 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.

Article 32: 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 2: Performers

Article 33: Performers as used in this law, refers to natural persons performing literary or artistic works, or folk literature and art expressions through declamatory, singing, instrumental performance and other methods.

Article 34: Performers 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 openly 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 with wireless or cable methods, causing the public to be able to obtain the said performance at an individually selected time and location;

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 of this Article shall also obtain permission from the copyright holder.

Article 35: Where performance organizers organize performances, the said performance organizer obtains permission of the copyright holder.

Article 36: Performers’ performances conducted in completion of their work duties and during working hours are professional performances, their rights ownership is to be agreed upon by the parties.

Where the parties have no agreement or the agreement is unclear, the rights to professional performances are enjoyed by performers, but the rights of collective professional performances are enjoyed by the performance work unit, the performers enjoy the right to sign a name.

Where, according to the provisions of Paragraph 2 of this Article, the rights to professional performances are enjoyed by the performers, the performance work units may use the said performances free of charge within their professional scope.

Where, according to the provisions of Paragraph 2 of this Article, the rights to professional performances are enjoyed by the work unit, the work units shall grant rewards to the performers on the basis of the quantity and quality of performances.

Article 37: Producers employing performers to produce audiovisual works, shall sign written agreements and pay remuneration.
The property rights and division of profits of audiovisual works as provided in Clause (5) and Clause (6) of Article 34 are to be agreed upon by the producer and the performers. If there is no agreement or the agreement is unclear, the above mentioned rights are enjoyed by the producer, but the main performers enjoy the right to sign a name and to share in the profits.
Section 3:Audio productionists

Article 38: Audio products as used in this Law, refers to any work recording the sounds of performances or other sounds.
Audio productionists as named in this Law, refers to the first producer of audio products.

Article 39:Audio producers enjoy the following rights:
(1) to permit other persons to reproduce their audio products;
(2) to permit other persons to distribute their audio products;
(3) to permit other persons to rent out their audio products;
(4) to permit other persons to provide their audio products to the public through wireless or cable means, causing the public to be able to obtain the said audio products at an individually selected time and location,

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 40:Where audio products are used in the following methods, their audio producers enjoy the right to obtain reasonable remuneration:
(1) openly broadcasting audio products using wireless or cable means or transmitting broadcasts of the said audio products, as well as disseminating broadcasts of the said audio products to the public through technological equipment;

(2) disseminating audio products to the public through technological equipment.

Section 4:Radio and television stations

Article 41: Radio and television programs as used in this law, refers to signals transmitted for the first time by radio stations and television stations that carry sound or images.

Article 42: Radio stations and television stations enjoy the following rights over the radio and television programs that they broadcast:
(1) to permit other persons to relay their radio and television programs through wireless or cable means;
(2) to permit other persons to record their radio and televisions programs ;
(3) to permit other persons to reproduce recordings of their radio and television programs ;

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 program.

Where persons receiving permission use works, performances or audio products according to the provisions of Paragraph 1 of this Article, they shall also obtain permission of copyright holders, performers and audio producers.

Chapter IV:Limitations on rights

Article 43:Under the following circumstances, works may be used without the permission of the copyright holder, and without paying remuneration, but the full name or appellation 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 reproduce extracts from works already published by other persons 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, the cited part may not constitute the main or a substantial part of the work of the quoted person;
(3) republishing or citing already published works where it is inevitable in media such as newspapers, periodicals, radio, television, networks, etc., in order to report news;
(4) newspapers, periodicals, radio stations, television stations, networks 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, networks and other media, except where the author has indicated his disallowance of use;
(4) newspapers, periodicals, radio stations, television stations, networks 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 networks and other media, except where the author has indicated his disallowance of use;
(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;
(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 performances of already published works, where the said performance does not collect fees from the audience, no remuneration is paid to the performers, and economic benefits are not gained in any other way;
(10) copying, painting or photographing or recording artworks installed or exhibited in outdoors public venues, or reproducing, disseminating or broadcasting the recording to the public, but it is prohibited to reproduce the said artwork in an identical manner, exhibit it or openly disseminate it;
(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 ;
(12) translating already published works into Braille for publication;
(13) other circumstances
When using works in ways provided by the previous Paragraph, it is prohibited to influence the regular use of the work, and it is prohibited to unreasonably harm the lawful rights and interests of the copyright holder.

Article 44:Lawfully authorized users of computer programs 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 program. 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 program in a real applied computing environment or improve its functions; without permission of the copyright holder of the said program, the revised program as well as devices or components specially used by the revised program may not be provided to third parties in any way.

Article 45:Where, in order to study and research the design thinking and principles that computer programs contain, lawfully authorised computer program users use computer programs through installation, display, transmission, storage or other means, they are permitted not to obtain permission of the copyright holder of the computer program, and do not pay remuneration to them.

Article 46:When lawfully authorized users of computer programs 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 program, without permission of the copyright holder of the said computer program.

For using the information obtained according to the provisions of the above Paragraph, the use objective of computer program compatibility may not be exceeded, it may not be used to develop, produce or sell virtually similar computer programs , and may not be used for any activity infringing copyright.

Article 47:In the compilation of textbooks for the implementation of national compulsory education, according to the conditions provided in Article 50 of this Law, it is permitted to publish short 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.

Article 48: After literary works are published in newspapers or periodicals, other newspapers and periodicals may reprint them or publish them in digests or materials without permission of the author, according to the conditions provided in Article 50 of this Law.

Newspaper and periodical publishers enjoy exclusive publishing rights over works they publish according to the authorization of the author, and where they have made an indication that they prohibit reprinting or republishing in a clear position in newspapers or periodicals they publish, other newspapers and periodicals may not reprint or publish them.

Article 49: Radio stations and television stations may, according to the conditions provided in Article 50 of this Law, without permission of the copyright holder, broadcast their already published works; but when broadcasting audiovisual works, they shall obtain permission from the copyright holder.

The provisions of this Article apply to Chinese copyright holders as well as foreign copyright holders whose work is created in China.

Article 50:According to the provisions of Article 47, Article 48, and Article 49 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 corresponding collective copyright management organization before the first time of use;
(2) indicating the full name or appellation of the author, name of the work and source of the work at the time of using a work, except where such indication is impossible for technological reasons;
(3) directly paying use fees to the rights holder or paying them to rights holders through collective copyright management organizations, according to remuneration standards formulated by State Council administrative copyright management department within one month of using a work, and at the same time, providing the name of the used work, the full name or appellation of the authors, the source of the work and other corresponding information. The feel standards described above are applicable to usage beginning on the day this law takes effect.

Collective copyright management organizations shall timely publish the filing information provided in the previous 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 timely and within a reasonable period transfer the use fees mentioned in Paragraph 1 of this Article to rights holders.

Article 51:Where users have tried their best to find the rights holders of works of which the period of copyright protection has not yet expired, without result, and the matter conforms to one of the following conditions, it is permitted to use the work in digital form after applying with a body appointed by the State Council administratice copyright management department and posting a use fee:
(1) the identity of the copyright holder is unclear;
(2) the identity of the copyright holder is clear but it is impossible to establish contact.

Specific implementation methods for the previous Paragraph are formulated separately by the State Council administrative copyright management department.

Chapter V:Exercise of rights

 

Section 1:Contracts for copyrights and related rights

Article 52:Copyright holders may exercise the property rights in copyright through permission, transfer, establishment of pledges or in other legally permitted manners.

Article 53: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.
Contracts for permission to use contain the following primary contents:
(1) the name of the work;
(2) the types of rights and and methods of use permitted;
(3) whether the use permission covers exclusive use rights or non-exclusive use rights;
(4) the geographical scope and time limit 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 are 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 54:Where the rights permitted to be used are exclusive rights, the use permission contract shall be 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 methods 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 newspaper or periodical publishers sign an exclusive publishing rights contract with copyright holders, but there is no agreement on the period of the exclusive publishing rights or the agreement is unclear, the exclusive publishing right period is inferred to be one year.

Article 55: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 56: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 57: 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 58: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 or the transferee.

Without the agreement of the copyright holder, the person receiving permission may not permit third parties to exercise the same right.

Article 59:Where exclusive licence contracts or transfer contracts with copyright holders are concluded, users may register with the special registration organs established by the State Council administrative copyright management department. Rights that have not been registered, may not be used in opposition against third parties of good will.

Fees shall be paid for registration, fee collection standards shall be formulated by the State Council administrative copyright management department together with the State Council financial and pricing management departments.

Article 60: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 registration, fee collection standards shall be formulated by the State Council administrative copyright management department together with the State Council financial and pricing management departments.
Fees shall be paid for registration, fee collection standards shall be formulated by the State Council administrative copyright management department together with the State Council financial and pricing management departments.

Section 2:Consolidated copyright management

Article 61:Consolidated copyright management organizations are non-profit social organizations exercising copyrights that are hard for to exercise or hard to control for the rights holder or related rights in a collective management manner, on the basis of authorization of copyright holders and related rights holders or legal provisions.

When consolidated 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 and mediation activities.

Article 62:: Collective copyright management organisations shall provide use fee standards on the basis of the rights they manage, the said standards are announced in media appointed 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, use fee standard implementation will not cease.

The special committee mentioned in the previous Paragraph is composed of judges, officials from the supervising department of the consolidated copyright management organization, lawyers, etc.

Article 63:Where consolidated copyright management organizations obtain approval from the rights holder and are able to represent the rights and interests in a nationwide scope, they may represent the whole body of rights holders in exercising copyrights and related rights for the dissemination to the public of already published public of musical or audiovisual works through self-service song-selection systems as well as other methods, except where rights holders have indicated a prohibition of collective management in writing.

When consolidated copyright management organizations transfer the corresponding use fees, they shall treat all rights holders equally.

Article 64:The right to remuneration that copyright holders and related rights holders enjoy on the basis of Article 14 and Article 40 of this Law, shall be exercised through the corresponding consolidated copyright management organization.

Article 65: Where two or more consolidated copyright management organizations obtain use fees for the same use method or the same user, they shall jointly formulate uniform use fee standards, and determine that one consolidated copyright management organization uniformly collects use fees through consultation. Collected use fees shall be reasonably divided between corresponding consolidated copyright management organizations.

Article 66:Other State Council controlling departments, within the scope of responsibilities of each, conducts supervision and management over consolidated copyright management organizations.

Other State Council controlling departments, within the scope of responsibilities of each, conducts supervision and management over consolidated copyright management organizations.

Article 67:Other State Council controlling departments, within the scope of responsibilities of each, conducts supervision and management over consolidated copyright management organizations.

Chapter VI:Technological protection measures and rights management information

 

Article 68: Technological protection measures as used 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 radio and television programs being reproduced, scanned, enjoyed, operated, altered, or disseminated through networks.

: Technological protection measures as used 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 radio and television programs being reproduced, scanned, enjoyed, operated, altered, or disseminated through networks.

Article 69:In order to protect copyright and related rights, rights holders may adopt technological protection measures.
Without permission, 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 technology or services to other persons to avoid or destroy technological protection measures, except where laws or administrative regulations provide otherwise.

Article 70: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) Knowingly or where it should be known that the corresponding rights management information is deleted or altered without permission, still providing the said works, performances , audio products or radio and television programs to the public.

Article 71: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 and television programs 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 and television program through regular channels;
(2) with no aim of profit, providing already published 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) bodies with security monitoring qualifications testing the security of computers and their systems or networks;
(5) research on encryption or research on reverse engineering computer programs .

Chapter VII:Rights protection

 

Article 72:Those infringing copyright or related rights or violating duties concerning technological protection measures or the relevant 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., according to the law.

Article 73: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 copyright or related rights information.

Where other persons utilize network services to conduct activities infringing copyright or related rights, the rights holder may notify the network service provider in writing, and require it to adopt necessary measures such as deletion, 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 infringers for the expanded part of the damage.

Where network service providers know or should know that other persons use their network services to infringe copyrights or related rights, and do not timely adopt the necessary measures, they bear joint liability with the said infringers.

Where network service providers instigate or assist other persons to infringe copyrights or related rights, they bear joint liability with the said infringers.

The provisions of the first Paragraph of this Article do not apply to network service providers providing other persons’ works, performances or audio products to the public through networks.

Article 74:Where users use rights that are hard to exercise and hard to control for the rights holder, after paying members’ remuneration according to the contract signed with the consolidated copyright management organization, and non-member rights holders raise lawsuits for the same right and the same use method, users shall cease use, and compensate damage according to the corresponding consolidated copyright management use fee standards.

The provisions of the previous Paragraph do not apply in the following circumstances:
(1) where users know that non-member rights holders have made a statement prohibiting exercise of rights using the collective management method, and still use their works;
(2) where non-member rights holders notify the user that he may not use their works, and the user still uses them;
(3) users, after ceasing use in implementation of non-member litigation and adjudication, use works again.

Article 75:Where computer program reproduction holders do not know and also do should not know that the said program is an infringing reproduction, they do not bear responsibility for compensation; but they shall cease the use and destroy the said infringing reproduction. Where owners of the copy of a computer program needs to continue to the said computer program, they shall obtain permission of the copyright holder of the computer program.

Article 76:Where copyrights or related rights are infringed, when calculating the amount of compensation, rights holders may choose to request compentation on the basis of the real damage, the unlawful income of the infringer, a reasonable multiple of the rights transaction fee or 1 million Yuan or less.
To those wilfully infringing copyright or related rights two times or more, the People’s Court may, determine a value of compensation of two to three times the amount of compensation calculated on the basis of the previous Paragraph.

When the People’s Courts determine compensation, they shall include the rights holder’s costs for ceasing the infringing acts and reasonable expenses.

Under circumstances where rights holders have tried their best to gather evidence, but the ledgers and materials concerning the infringing act are mainly held by the infringer, the People’s Court may, for the sake of determining tehe amount of compensation, oblige the infringer to provide ledgers and materials related to the infringing act; where the infringer does not provide or provides false ledgers or materials, the People’s Court may determine an amount of compensation for infringement on the basis of the right holder’s position.

Article 77:In case of 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, issue a warning, confiscate unlawful income, confiscate or destroy infringing goods and reproductions, where the amount of illegal business value is higher than 50.000 Yuan, it may also impose a fine of one time or more but less than five times the illegal business value, where there is no illegal business value, the illegal business value is hard to determine or the illegal business value is lower than 50.000 Yuan, it may impose a fine of 25.000 Yuan or less; where circumstances are grave, the administrative copyright management department may order the confiscation of materials, tools, equipment, etc., mainly used in producing infringing goods and reproductions; where it constitutes a crime, criminal responsibility is investigated according to the law:
(1) without permission of the copyright holder, reproducing, distributing, renting, exhibiting, performing, transmitting or disseminating their works to the public through networks, except where this Law provides otherwise;
(2) 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 networks;
(3) without permission of the audio producer, reproducing, distributing, renting or dissemination their audio products to the public through networks, except where this Law provides otherwise;
(4) without permission of radio stations or television stations, relaying, recording or reproducing their radio or television programs , except where this Law provides otherwise;
(5) those using works, performances, audio products or radio and television programs over which other persons enjoy exclusive use rights;
(6) those using other persons’ works in violation of the provisions of Article 50 of this Law;
(7) those using copyrights or related rights that are hard to exercise or hard to control for the rights holder without permission, except under the circumstances provided in Paragraph 1 of Article 74 of this Law;
(8) producing or selling works passing off another person’s signature.

Article 78: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, where the amount of illegal business value is higher than 50.000 Yuan, it may also impose a fine of one time or more but less than five times the illegal business value, where there is no illegal business value, the illegal business value is hard to determine or the illegal business value is lower than 50.000 Yuan, it may impose a fine of 25.000 Yuan or less; 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 technology or services to avoid or destroy technological measures to other persons;
(3) without permission, wilfully deleting or changing digital management information, except where this Law provides 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, transmitting, or disseminating corresponding works, performances audio products and radio and television programs to the public through information networks.

Article 79:When administrative copyright management departments conduct investigation and prosecution of suspected unlawful activities, they may inquire related parties, and investigate situations related to the suspected unlawful activities; conduct on-the-spot inspection of the location and objects of the parties’ suspected infringing and unlawful activities; consult and reproduce contracts, invoices, accounts as well as other materials related to the suspected infringing and unlawful activity; and may seal up or detain venues or 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; where it constitutes a crime, criminal responsibility is investigated according to the law.

Article 80: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 enforcement with the People’s Court.

Article 81:Under the following circumstances, copyright and related rights users shall bear civil and administrative legal responsibility:
(1) where the publisher or producer of reproductions cannot prove that they have lawful authorization for publication or production;
(2) where network users cannot prove that they have lawful authorization for the works that they disseminate to the public through networks;
(3) where renters cannot prove that they have lawful authorization for the original copies or reproductions of audiovisual products, computer programs or audio products that they rent out;
(4) where distributors cannot prove that they have lawful authorization for the reproductions that they distribute.

Article 82:When copyright or related rights holders apply for the preservation of activities, assets or evidence, the provisions on preservation of the “Civil Procedure Law of the People’s Republic of China” apply.

Article 83:People’s Courts hearing cases may confiscate the unlawful income, infringing goods and reproductions as well as the property used to conduct the unlawful activities of those infringing copyright or related rights.

Article 84: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”, and may also apply for mediation.

Article 85:Administrative copyright management departments may establish copyright dispute mediation committees, to be responsible for mediating in copyright and related rights disputes. The provisions concerning recognising mediation agreements of the “Civil Procedure Law of the People’s Republic of China” apply to the judicial recognition of mediation agreements.
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 86: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

Article 87:Copyright as used in this law also refers to author’s rights.

Article 88:The provisions of this law relating to copyright also apply to the limits and exercise of corresponding rights.

Article 89: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 laws, regulations and policies of the time the infringing act or breach of contract took place.

Article 90:This Law takes effect on xx-xx-xxxx.

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