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(Adopted
at the Fifteenth Session of the Standing Committee of the Seventh
National People's Congress on September 7, 1990)
Chapter
I General Provisions
Article
1. This Law is enacted, in accordance with the Constitution, for
the purposes of protecting the copyright of authors in their literary,
artistic and scientific works and the rights related to copyright,
of encouraging the creation and dissemination of works which would
contribute to the construction of socialist spiritual and material
civilization, and of promoting the development and flourishing of
socialist culture and sciences.
Article
2. Works of Chinese citizens, legal entities or entities without
legal personality, whether published or not, shall enjoy copyright
in accordance with this Law. Works of foreigners first published
in the territory of the People's Republic of China shall enjoy copyright
in accordance with this Law. Any work of a foreigner published outside
the territory of the People's Republic of China which is eligible
to enjoy copyright under an agreement concluded between the country
to which the foreigner belongs and China, or under an international
treaty to which both countries are party, shall be protected in
accordance with this Law.
Article
3. For the 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* and choreographic works; * Quyi refers
to such traditional art forms as ballad singing, story telling,
comic dialogues, clapper talks and cross talks (translator's note).
(4)
works of fine art and photographic works;
(5)
cinematographic, television and videographic works;
(6)
drawings of engineering designs and product designs, and descriptions
thereof;
(7)
maps, sketches and other graphic works;
(8)
computer software;
(9)
other works as provided for in laws and administrative regulations.
Article
4. Works the publication or distribution of which is prohibited
by law shall not be protected by this Law. Copyright owners, in
exercising their copyright, shall not violate the Constitution or
laws or prejudice the public interest.
Article
5. This Law shall not be applicable to:
(1)
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, forms of general use and formulas.
Article
6. Regulations for the protection of copyright in expressions of
folklore shall be established separately by the State Council.
Article
7. Where any scientific or technological work is protected under
the Patent Law, the Law on Technology Contracts or similar laws,
the provisions of those laws shall apply.
Article
8. The copyright administration department under the State Council
shall be responsible for the nationwide administration of copyright.
The copyright administration department of the People's Government
of each province, autonomous region and municipality directly under
the Central Government shall be responsible for the administration
of copyright in its administrative area.
Chapter
II Copyright
Section
1 - Copyright Owners and Their Rights
Article
9. The term "copyright owners" shall include:
(1)
authors;
(2)
other citizens, legal entities and entities without legal personality
enjoying copyright in accordance with this Law.
Article
10. The term "copyright" shall include the following personality
rights and property rights:
(1)
the right of publication, that is, the right to decide whether to
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 exploitation and the right to remuneration, that is,
the right of exploiting one's work by reproduction, live performance,
broadcasting, exhibition, distribution, making cinematographic,
television or video production, adaptation, translation, annotation,
compilation and the like, and the right of authorizing others to
exploit one's work by the above-mentioned means and of receiving
remuneration therefor.
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 entity without legal personality, such legal entity
or entity without legal personality shall be deemed to be the author
of the work. The citizen, legal entity or entity without legal personality
whose name is mentioned in connection with a work shall, in the
absence of proof to the contrary, be deemed to be the author of
the work .
Article
12. Where a work is created by adaptation, translation, annotation
or arrangement of a 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 coauthors, the
copyright in the work shall be enjoyed jointly by those coauthors.
Coauthorship 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
coauthor shall be entitled to independent copyright in the parts
that he has created, provided that the exercise of such copyright
shall not prejudice the copyright in the joint work as a whole.
Article
14. The copyright in a work created by compilation shall be enjoyed
by the compiler, provided that the exercise of such copyright shall
not prejudice the copyright in the preexisting works included in
the compilation. The authors of such works included in a compilation
as can be exploited separately shall be entitled to exercise their
copyright in their works independently.
Article
15. The director, scriptwriter, lyricist, composer, cameraman and
other authors of a cinematographic, television or videographic work
shall enjoy the right of authorship in the work, while the other
rights included in the copyright shall be enjoyed by the producer
of the work. The authors of the screenplay, musical works and other
works that are included in a cinematographic, television or videographic
work and can be exploited separately shall be entitled to exercise
their copyright independently.
Article
16. A work created by a citizen in the fulfillment of tasks assigned
to him by a legal entity or entity without legal personality shall
be deemed to be a work created in the course of employment. The
copyright in such work shall be enjoyed by the author, subject to
the provisions of the second paragraph of this Article, provided
that the legal entity or entity without legal personality shall
have a priority right to exploit the work within the scope of its
professional activities. During the two years after the completion
of the work, the author shall not, without the consent of the legal
entity or entity without legal personality, authorize a third party
to exploit the work in the same way as the legal entity or entity
without legal personality does. In the following cases the author
of a work created in the course of employment shall enjoy the right
of authorship, while the legal entity or entity without legal personality
shall enjoy the other rights included in the copyright and may reward
the author:
(1)
drawings of engineering designs and product designs and descriptions
thereof, computer software, maps and other works created in the
course of employment mainly with the material and technical resources
of the legal entity or entity without legal personality and under
its responsibility;
(2)
works created in the course of employment where the copyright is,
in accordance with laws, administrative regulations or contracts,
enjoyed by the legal entity or entity without legal personality.
Article
17. The ownership of 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 right to remuneration in respect of the
work shall, after his death, during the term of protection provided
for in this Law, be transferred in accordance with the provisions
of the Inheritance Law. Where the copyright in a work belongs to
a legal entity or entity without legal personality, the right of
exploitation and the right to remuneration shall, after the change
or the termination of the status of the legal entity or entity without
legal personality, during the term of protection provided for in
this Law, be enjoyed by the succeeding legal entity or entity without
legal personality which has taken over the former's rights and obligations,
or, in the absence of such successor entity, by the State.
Section
3 - Term of Protection
Article
20. The rights of authorship, alteration and integrity of an author
shall be unlimited in time.
Article
21. The term of protection of the right of publication, the right
of exploitation and the right to remuneration in respect of a work
of a citizen shall be the lifetime of the author and fifty years
after his death, expiring on December 31 of the fiftieth year after
his death. In the case of a work of joint authorship, such term
shall expire on December 31 of the fiftieth year after the death
of the last surviving author. The term of protection of the right
of publication, the right of exploitation and the right to remuneration
in respect of a work where the copyright belongs to a legal entity
or entity without legal personality, or in respect of a work created
in the course of employment where the legal entity or entity without
legal personality enjoys the copyright (except the right of authorship),
shall be fifty years, expiring on December 31 of the fiftieth year
after the first publication of such work, provided that any such
work that has not been published within fifty years after the completion
of its creation shall no longer be protected under this Law. The
term of protection of the right of publication, the right of exploitation
and the right to remuneration in respect of a cinematographic, television,
videographic or photographic work shall be fifty years, expiring
on December 31 of the fiftieth year after the first publication
of such work, provided that any such work that has not been published
within fifty years after the completion of its creation shall no
longer be protected under this Law.
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:
(1)
use of a published work for the purposes of the user's own private
study, research or self- entertainment;
(2)
appropriate quotation from a published work in one's own work for
the purposes of introduction to, or comments on, a work, or demonstration
of a point;
(3)
use of a published work in newspapers, periodicals, radio programs,
television programs or newsreels for the purpose of reporting current
events;
(4)
reprinting by newspapers or periodicals, or rebroadcasting by radio
stations or television stations, of editorials or commentators'
articles published by other newspapers, periodicals, radio stations
or television stations;
(5)
publication in newspapers or periodicals, or broadcasting by radio
stations or television stations, of a speech delivered at a public
gathering, except where the author has declared that publication
or broadcasting is not permitted;
(6)
translation, or reproducion 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 by a state organ for the purpose of fulfilling
its official duties;
(8)
reproduction of a work in its collections by a library, archive,
memorial hall, museum, art gallery or similar institution, for the
purposes of the display, or preservation of a copy, of the work;
(9)
free-of-charge live performance of a published work;
(10)
copying, drawing, photographing or video recording of an artistic
work located or on display in an outdoor public place;
(11)
translation of a published work from the Han language into minority
nationality languages for publication and distribution within the
country;
(12)
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.
Chapter
III Copyright Licensing Contracts
Article
23. 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.
Article
24. A contract shall include the following basic clauses:
(1)
the manner of exploitation of the work covered by the license;
(2)
the exclusive or non-exclusive nature of the right to exploit the
work covered by the license;
(3)
the scope and term of the license;
(4)
the amount of the remuneration and the method of its payment;
(5)
the liability in the case of breach of the contract;
(6)
any other matter that the contracting parties consider necessary.
Article
25. The licensee shall not, without permission from the copyright
owner, exercise any right that the copyright owner has not expressly
licensed in the contract.
Article
26. The term of validity of a contract shall not exceed ten years.
The contract may be renewed on expiration of that term.
Article
27. The tariffs for remuneration for the exploitation of works shall
be established by the copyright administration department under
the State Council in collaboration with other departments concerned.
Where otherwise agreed to in a contract, remuneration may also be
paid in accordance with the terms of the said contract.
Article
28. Publishers, performers, producers of sound recordings and video
recordings, radio stations, television stations and other entities
who or which have obtained, pursuant to this Law, the right to exploit
the copyright of others, shall not infringe the 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. During the term of the contract, a book publisher shall have
the exclusive right to publish the work delivered to him by the
copyright owner for publication. The term of the exclusive right
to publish, enjoyed by the publisher as specified in the contract,
shall not exceed ten years. The contract may be renewed on expiration.
During the term specified in the contract, the exclusive right to
publish a work enjoyed by the book publisher shall be protected
by law, and the work may not be published by others.
Article
31. The copyright owner shall deliver the work within the term specified
in the contract. The book publisher shall publish the work in accordance
with the quality requirements and within the term specified in the
contract. The book publisher shall bear the civil liability specified
in Article 47 of this Law if he fails to publish the work within
the term specified in the contract. The book publisher shall notify,
and pay remuneration to, the copyright owner when the work is to
be reprinted or republished. If the publisher refuses to reprint
or republish the work when stocks of the book are exhausted, the
copyright owner shall have the right to terminate the contract.
Article
32. Where a copyright owner has submitted the manuscript of his
work to a newspaper or a periodical publisher for publication and
has not received, within 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 abridgments in a work, but shall
not make modifications in the content 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
pay remuneration both to the owners of the copyright in the works
created by means of adaptation, translation, annotation, arrangement
or compilation and to the owners of the copyright in the original
works.
Section
2 Performance
Article
35. A performer (an individual performer or a performing group)
who for a performance exploits an unpublished work created by another
shall obtain permission from, and pay remuneration to, the copyright
owner. A performer who for a commercial performance exploits a published
work created by another does not need permission from, but shall,
as prescribed by regulations, pay remuneration to, the copyright
owner; such work shall not be exploited where the copyright owner
has declared that such exploitation is not permitted. A performer
who for a commercial performance exploits a work created by adaptation,
translation, annotation or arrangement of a preexisting work shall
pay remuneration both to the owner of the copyright in the work
created by adaptation, translation, annotation or arrangement and
to the owner of the copyright in the original work. Where a performer
performs a work created by another and that performance is exploited
for the production of a sound recording, video recording, radio
program or television program, Article 37 and Article 40 shall apply.
Article
36. A performer shall, in relation to his performance, enjoy the
right
(1)
to claim performership;
(2)
to protect the image inherent in his performance from distortion;
(3)
to authorize others to make live broadcasts;
(4)
to authorize others to make sound recordings and video recordings
for commercial purposes, and to receive remuneration therefor.
Section
3 Sound Recording and Video Recording
Article
37. A producer of sound recordings who, for the production of a
sound recording, exploits an unpublished work created by another,
shall obtain permission from, and pay remuneration to, the copyright
owner. A producer of sound recordings who, for the production of
a sound recording, exploits a published work created by another,
does not need permission from, but shall, as prescribed by regulations,
pay remuneration to, the copyright owner; such work shall not be
exploited where the copyright owner has declared that such exploitation
is not permitted. A producer of video recordings who, for the production
of a video recording, exploits a work created by another shall obtain
permission from, and pay remuneration to, the copyright owner. A
producer of sound recordings or video recordings who exploits a
work created by adaptation, translation, annotation or arrangement
of a preexisting work shall pay remuneration both to the owner of
the copyright in the work created by adaptation, translation, annotation
or arrangement and to the owner of the copyright in the original
work.
Article
38. When producing a sound recording or video recording, the producer
shall conclude a contract with, and pay remuneration to, the performers.
Article
39. A producer of sound recordings or video recordings shall have
the right to authorize others to reproduce and distribute such sound
recordings or video recordings and the right to obtain remuneration
therefor. The term of protection of such rights shall be fifty years,
expiring on December 31 of the fiftieth year after the first publication
of the recording. A producer of sound recordings or video recordings
who is authorized to reproduce and distribute a sound recording
or video recording shall also pay remuneration to the copyright
owner and to the performer as prescribed by regulations.
Section
4 Broadcasting by a Radio Station or Television Station
Article
40. A radio station or television station that exploits, for the
production of a radio or television program, an unpublished work
created by another, shall obtain permission from, and pay remuneration
to, the copyright owner. A radio station or television station that
exploits, for the production of a radio or television program, a
published work created by another does not need a permission from
the copyright owner, but such a work shall not be exploited where
the copyright owner has declared that such exploitation is not permitted.
In addition, remuneration shall be paid as prescribed by regulations
unless this Law provides that no remuneration need to be paid. A
radio station or television station that exploits, for the production
of a radio or television program, a work created by adaptation,
translation, annotation or arrangement of a preexisting work, shall
pay remuneration both to the owner of the copyright in the work
created by adaptation, translation, annotation or arrangement and
to the owner of the copyright in the original work.
Article
41. When producing a radio program or television program, the radio
station or television station shall conclude a contract with, and
pay remuneration to, the performers.
Article
42. A radio station or television station shall, in respect of a
program produced by it, enjoy the right:
(1)
to broadcast the program;
(2)
to authorize others to broadcast the program, and to receive remuneration
therefor;
(3)
to authorize others to reproduce and distribute the radio or television
program, and to receive remuneration therefor. The term of protection
of the rights specified in the preceding paragraph shall be fifty
years, expiring on December 31 of the fiftieth year after the first
broadcasting of the program . A producer of sound recordings or
video recordings who is authorized to reproduce and distribute a
radio or television program shall also pay remuneration to the copyright
owner and to the performer as prescribed by regulations.
Article
43. A radio station or television station that broadcasts, for non-commercial
purposes, a published sound recording needs not obtain permission
from, or pay remuneration to, the copyright owner, performer or
producer of the sound recording.
Article
44. A television station that broadcasts a cinematographic, television
or videographic work produced by another shall obtain permission
from, and pay remuneration to, the producer of the cinematographic,
television or videographic work.
Chapter
V Legal Liabilities
Article
45. Anyone who commits any of the following acts of infringement
shall bear civil liability for such remedies as ceasing the infringing
act, eliminating the effects of the act, making a public apology
or paying compensation for damages, depending on the circumstances:
(1)
publishing a work without the consent of the copyright owner;
(2)
publishing a work of joint authorship as a work created solely by
oneself, without the consent of the other coauthors;
(3)
having one's name mentioned in connection with a work created by
another, in order to seek personal fame and gain, where one has
not taken part in the creation of the work;
(4)
distorting or mutilating a work created by another;
(5)
exploiting a work by performance, broadcasting, exhibition, distribution,
making cinematographic, television or video productions, adaptation,
translation, annotation, compilation, or by other means, without
the consent of the copyright owner, unless otherwise provided in
this Law;
(6)
exploiting a work created by another without paying remuneration
as prescribed by regulations;
(7)
broadcasting a live performance without the consent of the performer;
(8)
committing other acts of infringement of copyright and of other
rights related to copyright.
Article
46. Anyone who commits any of the following acts of infringement
shall bear civil liability for such remedies as ceasing the infringing
act, eliminating the effects of the act, making a public apology
or paying compensation for damages, depending on the circumstances,
and may, in addition, be subjected by a copyright administration
department to such administrative penalties as confiscation of unlawful
income from the act or imposition of a fine:
(1)
plagiarizing a work created by another;
(2)
reproducing and distributing a work for commercial purposes without
the consent of the copyright owner;
(3)
publishing a book where the exclusive right of publication belongs
to another;
(4)
reproducing and publishing a sound recording or video recording
of a performance without the consent of the performer;
(5)
reproducing and distributing a sound recording or video recording
produced by another, without the consent of the producer;
(6)
reproducing and distributing a radio or television program produced
by a radio station or television station without the consent of
the radio station or television station;
(7)
producing or selling a work of fine art where the signature of an
artist is counterfeited.
Article
47. A party who fails to fulfill his contractual obligations, or
executes them in a manner that is not in conformity with the agreed
conditions of the contract, shall bear civil liability in accordance
with the relevant provisions of the General Principles of the Civil
Law.
Article
48. A dispute over copyright infringement may be settled by mediation.
If mediation is unsuccessful, or if one of the parties fails to
carry out an agreement reached by mediation, proceedings may be
instituted in a people's court. Proceedings may also be instituted
directly in a people's court if the parties do not wish to settle
the dispute by mediation.
Article
49. A dispute over a copyright contract may be settled by mediation.
It may also be submitted for arbitration to a copyright arbitration
body under the arbitration clause in the contract, or under a written
arbitration agreement concluded after the contract has been signed.
The parties shall implement the arbitration award. If one of the
parties fails to implement the award, the other party may apply
to a people's court for enforcement. If the people's court that
has been requested to enforce an arbitration award finds the award
unlawful, it shall have the right to refuse the enforcement. If
a people's court refuses to enforce an arbitration award, the parties
may institute proceedings concerning the contractual dispute in
a people's court . Any party may institute proceedings directly
in a people's court in the absence of an arbitration clause in the
contract or in the absence of a written arbitration agreement concluded
after the contract has been signed.
Article
50. Any party who objects to an administrative penalty may institute
proceedings in a people's court within three months of having received
the written decision on the penalty. If a party neither institutes
proceedings nor implements the decision within the above time limit,
the copyright administration department concerned may apply to a
people's court for enforcement.
Chapter
VI Supplementary Provisions
Article
51. For the purposes of this Law, the terms "zhuzuoquan*"
and "banquan*" are synonymous. * Zhuzuoquan corresponds
to "author's right," but literally translated means "right
in a work"; banquan is the literal translation of "copyright."
This Article has been included in the Law as both expressions are
used in Chinese.
Article
52. The term "reproduction" as used in this Law shall
mean the act of producing one or more copies of a work by printing,
photocopying, copying, lithographing, making a sound recording or
video recording, duplicating a recording, or duplicating a photographic
work, or by other means. The term "reproduction" as used
in this Law shall not cover the construction or the manufacture
of industrial products on the basis of drawings of engineering designs
and product designs, and descriptions thereof.
Article
53. Regulations for the protection of computer software shall be
established separately by the State Council.
Article
54. The implementing regulations of this Law shall be drawn up by
the copyright administration department under the State Council
and implemented on approval by the State Council.
Article
55. The rights of copyright owners, publishers, performers, producers
of sound recordings and video recordings, radio stations and television
stations as provided for in this Law, of which the term of protection
specified in this Law has not yet expired on the date of this Law's
entry into force, shall be protected in accordance with this Law.
Any infringements of copyright and the rights related to copyright
or breaches of contract committed prior to the entry into force
of this Law shall be dealt with under the relevant regulations or
policies in force at the time when the act was committed.
Article
56. This Law shall enter into force on June 1, 1991.
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