Great Qing Copyright Code
Chapter I: General provisions
Article 1: All interests related to the exclusive reproduction of works, are named copyright. Literature and art, drawings, calligraphy books, photographs, engravings and models all are what is named works.
Article 2: It reverts to the Ministry of Civil Affairs to register and issue licences for works.
Article 3: All those petitioning for the registration of a copyright, shall prepare two samples of the work and submit them to the Ministry of Civil Affairs; those being in outer provinces, may send them to the government office having jurisdiction, which submits them to the Ministry of Civil Affairs in due course.
Article 4: All works that have been registered and for which as licence is granted, are protected by this Code.
Chapter II: Time limits of rights
Section I: Year limits
Article 5: Copyright reverts to the author for the duration of his lifetime; and when the author dies, it will be obtained by his heirs, and continued for 30 years.
Article 6: The copyright of joint works by multiple authors reverts to them together for the duration of their lifetimes, and will be obtained by their heirs after the death of the last of them for 30 years.
Article 7: Where after the death of the author, heirs want to distribute posthumous writings, the copyright will be held for 30 years.
Article 8: For all works published in the name of government offices, schools, companies, offices, monasteries or associations, the copyright will be held for 30 years.
Article 9: For all works that are not signed with a name, the copyright will be held for 30 years; but when the true and full name is added, the provisions of Article 5 apply.
Article 10: The copyright of photographs will be held for 10 years; but where they are attached to writing, this limit does not apply.
Section II: Calculation
Article 11: All copyright term limits are calculated from the date of registration.
Article 12: For works distributed in series or gradually, after registration has been agreed, time limits are calculated from the date of submitting every number or volume.
Article 13: For works distributed several times, time limits are calculated from the last time it is submitted after registration. Where not follow-up submission is made for two years after the previous submission, the already distributed edition will be considered as the last submission.
Article 14: For the provisions of Article 5, time limits are calculated from the day the heir’s petition for registry is approved.
Article 15: For the provisions of Article 6, time limits are calculated from the day the petition for registry of the heir of the last author to die is approved.
Chapter III: Submission duties.
Article 16: All those applying for copyright registration, must use their name at the time of submission; when submitting works that have not been signed, shall also record their true and full names.
Article 17: All works published in the name of schools, companies, offices, monasteries or associations shall use the naming of those schools, etc., and the submission shall include the name of the representative; for works that are distributed in the name of a government office, apart from the provisions of Article 31 Item 1, the Ministry of Civil affairs shall be consulted by the government office before distribution of the work.
Article 18: For all distribution of unclaimed works, the reason must be published first in the official journal and in all well-known newspapers, and may be submitted for distribution if no-one has come forward to recognize it within one year.
Article 19: For all works to be distributed in series or progressively, or works distributed several times; this shall be indicated at the time of first submission; and they shall be submitted at every point of distribution afterwards.
Article 20: For the provisions of Articles 5 through 7, when the heirs want to continue the copyright, they shall submit this to the competent government office.
Article 21: Where copyright is transferred as a pledge, the original holder and the receiver shall jointly sign a submission to the competent government office.
Article 22: During the copyright period, those wishing to reproduce the original work and add revisions, shall submit this to the competent government office, and provide two samples.
Article 23: All already submitted and registered works, shall indicate the exact date of these two matters at the end of the work; but those not yet having completed these two matter before distribution, shall indicate the already completed matter at the end of the work
Chapter IV: Limits to rights
Section I: Powers
Article 24: Works composed by multiple authors, where one amongst them are reluctant to publish them, consideration shall be made of the style of the work; if it can be divided, the part written by that person is removed, and is choice heard; if it cannot be divided, he shall receive the deserved remuneration from the other persons, and his copyright is shared by the other authors, but where this person is reluctant to be listed in the work, his convenience shall be respected.
Article 25: Those collecting works of others and compiling one work, the copyright works of the compiled part reverts to the compiler; but in cases of plagiarism or separation, this limit does not apply.
Article 26: The copyright of works completed by putting up capital to engage people, reverts to the investor.
Article 27: The copyright of commentaries and speeches, even if written down by other persons, reverts to the performer, but with the permission of the performer, this limit does not apply.
Article 28: The copyright of translations of foreign works into Chinese reverts to the translator; only, he may not prohibit other persons from making a separate translation into Chinese of the original text, where the translated text does not differ, this limit does not apply.
Article 29: Copyright of works elucidating new ideas on the basis of works of other persons, in a sufficient way to consider it as a new work, refers to the person elucidating new ideas.
Article 30: When all already registered copyrights are infringed, the copyright holder is permitted to apply for a suit with the relevant Procurator’s Office.
Article 31: All works that cannot obtain copyright are:
1, law, decrees, treaties and written case files
2, all sorts of Buddhist texts preached in temple feasts;
3, all sorts of news explanations political and current-affairs printed in newspapers;
4, guild speeches.
Article 32: All works that are considered to be in the public domain are the following:
1, works of which the copyright term has expired;
2, works of which the author has dies and there are no heirs;
3, works that have been circulated for along time;
4, where it is agreed to let people reproduce the works without restrictions.
Section II: Prohibitions
Article 33: All works that have been submitted, registered and issued with a licence, may not be reproduced or copied by other persons, and its copyright may not be infringed by any sort of passing off.
Article 34: When receiving other person’s works, it is prohibited to separate or alter it, change or hide the name or distribute it under another name, but with the permission of the original copyright holder, this limit does not apply.
Article 35: Works of other persons of which the copyright term has expired, may not be separated, altered, the name may not be changed or hidden, and it may not be distributed under another name.
Article 36: It is prohibited to distribute one’s own works falsely under the name of another person, but in case of using a pen name, this limit does not apply.
Article 37: It is prohibited to distribute answers to questions put in educational textbooks without authorization.
Article 38: Without permission from the original rights holder, works that are not yet distributed may not be taken by force or in repayment of debt by other persons.
Article 39: All following matters, will not be considered as passing off, but must clearly indicate the source of the original work:
1, excerpts from many persons’ works published in one book, used for common textbooks or reference;
2, excerpts from other persons’ works, used for to support an argument or explanation in one’s own work;
3, engraving models imitating other persons’ drawings, or imitating other persons’ engraving models to make drawings.
Section III: Punishment provisions
Article 40: All works passed off as other persons’ works, are subject to fines of 40 Yuan or higher but less than 400 Yuan; those knowingly reselling them are subject to the same fine as those passing off.
Article 41: When infringing another person’s copyright because of passing off, apart from the punishment in the previous article, the infringer shall be ordered to compensate the damage that the victim has suffered, and the printing blocks for that book and tools specially used in passing off, shall be expropriated and confiscated.
Article 42: Those violating the provisions of Article 34 and Article 36, will be subject to a fine of 20 Yuan or more but less than 200 Yuan.
Article 43: Those violating the provisions of Article 35, Article 37 and Article 39 Item 1 and 2, are subject to a fine of 10 Yuan or more but less than 100 Yuan.
Article 44: All copyright infringement cases must be started through submission of a filing by the victim.
Article 45: Where the copyright of a work of multiple authors is infringed, it is not necessary to seek agreement from the other authors, and it is permitted to submit a filing without consultation, and request the compensation of benefits that one already lost.
Article 46: In copyright infringement cases, regardless of whether it is a civil case or a criminal case, when the plaintiff submits a filing, he shall provide a pledge of responsibility for registration, the examining official may, on the basis of the circumstances submitted by the plaintiff, temporarily suspend the distribution of works involved in the passing off in advance; if the trial makes clear that the accusation is not true, it shall order the plaintiff to compensate the damage suffered during the prohibition of distribution.
Article 47: In copyright infringement cases, if it is made clear that there was no intention to pass off, the benefit obtained by the defendant shall be paid back to the plaintiff, and he is exempt from further punishment
Article 48: Not going through submission and registration, or falsely indicating submission and registration dates at the end of works, is subject to a fine of 30 Yuan or more but less than 300 Yuan.
Article 49: Where submissions are not true, and where no submission or filing is made at the time of reprinting with revisions, the copyright will be cancelled after proof through investigation.
Article 50: All those committing the crimes listed in Article 40 and following of this Code, are subject to a suspension of submitting accusations for a period of two years.
Chapter V: Supplementary provisions
Article 51: This Code will take effect within three months, to be calculated from the day of promulgating the text.
Article 52: All works that local officials have given protection, before this Code took effect, shall be submitted for registration within six months, to be calculated from the day of this Code taking effect; those not submitted after this period or not submitted at all, will not receive the protection of this Code.
Article 53: Works distributed within 30 year before this Code took effect, may all be submitted and registered after this Code takes effect.
Article 54: Works already distributed before this Code took effect, and which someone has already reprinted or imitated, an that at that time have not been accused of passing off, after this Code takes effect, and the original author has submitted and registered it, the reprinted or imitated items, are still permitted to be distributed for three years to be calculated from the date this Code takes effects, and shall be prohibited afterwards.
Article 55: For registration, fees are charged, the amounts per work are as follows:
1, registration: 5 Yuan;
2, petition for inheritance: 5 Yuan;
3, petition to accept: 5 Yuan;
4, provision to replace a list permit: 3 Yuan;
5, registering proof of copyright : 1 Yuan;
6, examination for copyright with responsible government offices: 5 Yuan;
7, copying copyright cases from responsible government offices: 5 Jiao, where it exceeds 100 characters, 1 Jiao is added per 100 characters;
8, affixing a seal on proof of copyright for cases: 5 Yuan.
第四十五條 數人合成之著作， 其著作權遇有侵損時，不必俟餘人同意，得以徑自呈訴，及請求賠償一已所失之利益。