Chapter I: General Principles
Article 1: Those registering the right to copy of the listed works according to the law, will have copyright.
I, Books, treatises and novels.
II, Music scores and scripts.
III, Pictures and calligraphy books.
IV, Photographs, engravings and models.
V, Other literary works concerning literature, learning or fine arts.
Those having copyright over music scores and scripts, also receive the exclusive right of public performance or rehearsal.
Article 2: The registration of works will be managed by the Ministry of Interior of the Republican Government
The Ministry of the Interior will not register scientific books that are ordered to be examined by universities, before being examined by universities.
Article 3: Copyright may be transferred to others.
Chapter II: Copyright content and limitations
Article 4: Copyright belongs to the copyright holder for life, and after the copyright holder passes away, will be enjoyed as inheritance by the heir for 30 years, but where there are other provisions, these limitations do not apply.
Article 5: Of works created by more than one author, the copyright belongs jointly to all authors for life, where authors pass away, copyright will be jointly enjoyed as inheritance by their heirs.
Article 6: The first distributor of a work, after the author passes away, will have a copyright term limit of 30 years.
Article 7: Where works use the name of government offices, schools, companies, associations or other legal persons or groups, the copyright term will also be 30 years.
Article 8: Works that are not signed or signed with a false name, will have a copyright term of 30 years.
Where the term in the previous item is fulfilled, but the name is changed into the true name, the provisions of Article 4 apply.
Article 9: The creators of photographs enjoy ten years of copyright, but those made for remuneration from others are not subject to this limit.
The copyright of photographs published in literary or scientific works, if they are especially made for that work, will be enjoyed by the copyright holder of that work.
The copyright of photographs in the above item, continues to exist as long as the copyright over that literary or artistic work has not expired.
Article 10: Where a work is published in a translation into another language, it enjoys copyright for twenty years, but it is not permitted to prohibit others from making other translation from the original work, where there are no differences, this does not apply.
Article 11: The period of copyright is calculated from the day of first distribution.
Article 12: Where works are serials or are published seriatim, or are published in several times, they shall indicate this at the time of first application of registration, at every subsequent time of publication, they shall still conduct application procedures.
Application procedures as named in the latter part of the previous item are limited to periodical publications, and the Ministry of the Interior can permit its omission.
Article 13: Where works are serials or are published seriatim, the time limits of its copyright will be calculated from the day of first publication of every number.
Where works are published in several times, the time limits of its copyright will be calculated from the day of first publication of its last part, except where said work, although the part that should continue it has not yet been completed, has not been in publication for over three years, in this case, the last part to be published is considered as the last part.
The above provision will not apply where at the time of first registration, the continued publication has been announced in advance.
Article 14: After the death of the copyright holder, if there are no heirs, his copyright shall be considered to have perished.
Article 15: Where transfer and inheritance of copyright is not registered, third parties may not be opposed.
Article 16: Where a work is a cooperation between a number of persons, and a smaller number of persons or one person is unwilling to publish, if it is possible to partition the work because of its nature, it shall be published without the part of that person or those persons, where it is impossible to partition the work, the corresponding benefit will go to the other persons, its copyright will revert to the other persons, but where the said smaller number of persons or one person do not wish to be named in the work, it shall be heard.
Article 17: For works made by putting up capital and engaging persons, copyright shall revert to the investor, but where there is a special agreement between the parties, that special agreement shall be followed.
Article 18: For teaching materials or lecture notes, although described by others or printed by official schools, copyright will still revert to the lecturer, but where there are other agreements or the lecturer gives permission, this does not apply.
Article 19: Where on the basis of others’ work, new theories or technologies different from the original work are elucidated, or fine art products are made, it must be considered as the creator enjoying copyright.
Article 20: The following works may not enjoy copyright:
I, Laws, decrees, international treaties and official written correspondence.
II, All sorts of advices, warnings and propaganda writing.
III, That which is openly addressed in a speech and is not of a purely academic nature.
Matters published in newspapers or magazine, must indicate that they may not be reprinted elsewhere, where it is not indicated that they may not be reprinted elsewhere, reprinters must indicate the newspaper or magazine that originally printed it.
Article 22: where the Ministry of the Interior discovers that one of the following circumstances is present during application for registration of works, it shall refuse registration.
I, Works obviously violating the Party spirit
II, Other works prohibited from publication by laws and regulations.
Chapter III: Copyright infringement
Article 23: After copyright registration, the copyright holder shall raise a complaints against other persons’ reprinting, copying or damaging their interests in other ways.
Article 24: Those accepting or inheriting another person’s copyright, may not alter, separate or change the name of the original work or publish it with a changed name, but where the original copyright holder agrees or has accepted so in a testament, this does not apply.
Article 25: Works of which the copyright term has ended, shall be considered as being public goods, but regardless of who it is, it is prohibited to alter, separate or change the name of them or publish them with a changed name.
Article 26: Those using another’s name in pretence publish their own works will be punished as having infringed another person’s copyright.
Article 27: the original version of unpublished works and its copyright may not be subject to forcible measures implemented because of debt, but where the person involved has given permission, this does not apply.
Article 28: All following situations, clearly indicating the source of the original work, may not be punished as infringement of another person’s copyright.
I, Publishing excerpts from works of a large group of people in a book, to provide common textbooks and for reference use.
II, Excerpting and using the works of others to provide references or footnotes for one’s own works.
Article 29: In cases of copyright infringement, when the copyright holder files a lawsuit, apart from punishment according to the law, the damage suffered by the injured party will be compensated by the infringer.
Article 30: Where works are cooperative works by many authors, when the copyright is infringed, it is not required to await the agreement of all persons to file a lawsuit, or request compensation for damages suffered.
Article 31: Where, due to copyright infringement, a civil or criminal case is filed, the plaintiff or filer should request the court to provisionally halt publication of works considered to be false.
Where after taking the measure of the previous item, the court finds that there was no falsification, and determines so in its judgement, the damages suffered by the defendant because of cessation of publication will be compensated by the plaintiff or filer.
Article 32: Copyright infringement, where found so by a court, and where there was no intentional falsification, will not be punished, but the defendant must return the benefits already received to the plaintiff.
Chapter IV: Punitive provisions
Article 33: Those reproducing, copying or in other way’s infringing another person’s copyright, will be punished with a fine of 500 Yuan or less but more than 50 Yuan, those knowingly selling on the former’s behalf, will be treated the same.
Article 34: Those violating the provisions of Article 24, will be punished with a fine of 400 Yuan or less but more than 40 Yuan.
Article 35: Those violating the provisions of Article 25, will be punished with a fine of 300 Yuan or less but more than 30 Yuan.
Article 36: Those submitting falsehoods at the time of applying, will be punished with a fine of 200 Yuan or less but more than 20 Yuan, and their registration will be cancelled.
Article 37: Unregistered works, where it is falsely indicated that they were registered on a certain date, will be punished with a fine of 400 Yuan or less but more than 40 Yuan.
Article 38: Works punished under this Chapter will be confiscated.
Article 39: For the crimes in Article 33 and Article 34, a complaint must be filed before prosecution can be instituted, but for the crimes in Article 34, where the original copyright holder has deceased, this does not apply.
Chapter V: Supplementary provisions
Article 40: This Law takes effect on the day of promulgation.