Trial Regulations on Copyright Protection of Books and Periodicals

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Article 1: In order to guarantee the legitimate rights and interests of the authors of literary, artistic and scientific works, encourage the creation and publication of excellent works, make flourish and develop the cause of socialist publishing, stimulate the construction of a socialist spiritual culture and material culture, the following regulations are formulated.

Article 2: Concerning literary, artistic and scientific works created by citizens of our country, printed in book form and published or distributed in a periodical by national publications work units, their authors enjoy copyright according to these regulations.

Article 3: Literary, artistic and scientific works as named in these regulations, specially refers to the following written works:

(1) writings, translations;

(2) dramatic scripts, music scores, dance scores;

(3) paintings, calligraphy, photographs;

(4) maps, design drawings, schematic diagrams, scientific diagrams, etc.

Article 4: Author as named in these regulations, refers to the person directly creating the work. If there is no evidence to the contrary, the person who has signed his name on the work shall be considered as the author.

Copyright holders as named in these regulations, include:

(1) Authors;

(2) the lawful successor of the author;

(3) the publishing work unit who has obtained partial or complete copyright as allowed in these regulations by transfer from the author according to the publishing contract;

(4) other persons and work units enjoying copyright according to the provisions of these Regulations

Article 5: Copyright enjoyed by the author under these regulations, refers to the following rights:

(1) Publishing works under one’s own name, another name or pen name;

(2) safeguarding the integrity of the work;

(3) revision of already published works

(4) announcing recall of already published works because of changing opinions or other legitimate reasons, but damage of the publishing work unit should be compensated;

(5) using the work following lawful channels, with methods such as publishing, duplication, broadcast, performance, exhibition, producing to film, translation or revision etc.

(6) receiving economic  remuneration due to others’ use of the work

If the abovementioned rights are infringed, the author or other copyright holder is entitled to request cessation of the infringing act and compensation of damage.

Article 6: Except if these Regulations provide otherwise, any work unit or individual, when using protected works of others, should solicit approval from the copyright holder and pay economic remuneration.

Remuneration standards for using works, will be separately regulated by the relevant organs of the Ministry of Culture

Article 7: Copyright of works jointly created by two or more persons, is jointly held by the authors. Rules on how to exercise copyright and divide remuneration will be decided by negotiation by the authors .

Copyright of works published using the name of a body, collective and industrial or undertaking work unit or the name of other collectives, belongs to the work unit or collective

Article 8: Copyright of dictionaries, periodicals, yearbooks, encyclopaedias, conference proceedings, teaching materials and other edited works, which can be considered as one whole, belongs to the editor. The copyright relationship of authors contributing to the edited work and the editor, will decided by negotiation between themselves.

Article 9: Copyright of arranged, punctuated, annotated or explained versions of ancient books belongs to the arranger, punctuator, annotator or explainer, but others may still engage in the abovementioned works on the same ancient books and obtain copyright.

Copyright of translated or adapted versions of a work, belongs to the translator or the adaptor, but others may still engage in translation or adaptation of the same works and obtain copyright. The copyright relation between the translator or the adaptor and the original copyright holder will be decided by negotiation between themselves.

Copyright of digests, anthologies or compilations of works, belongs to the digest, anthology or compilation maker, but others may still engage in the abovementioned works on the same work and obtain copyright.

The copyright relation between the digest, anthology or compilation maker and the original copyright holder will be decided by negotiation between themselves.

Article 10: Copyright of the arranged version of folk literature, art and other traditional folk works, belongs to the arranger , but others may still engage in arranging of the same work and obtain copyright.

At the time of publication of folk literature and art and other traditional folk works, the arranger should clearly indicate the main source material furnishers, and pay suitable remuneration to them according to the size of their contributions.

Article 11: The rights provided in Items (1), (2), (3) and (4) of Article 5 of these Regulations are enjoyed by authors for their entire life. After an author passes away, the lawful successor of the author or the Ministry of Culture Publications Undertakings Management Bureau protects them from infringements.

The rights provided in Items (5) and (6) of these Regulations, are limited to the lifetime of the author and thirty years after his death. These thirty years are to be calculated from the end of the year of death of the author; concerning joint works, these thirty years are to be calculated from the end of the year of death of the last passing away author.

Concerning photographs, the rights provided in Items (5) and (6) of these Regulations, are limited to thirty years, so be calculated from the end of the year of first publication.

Concerning works of which the copyright belongs to bodies, collectives, industrial or undertaking work units or other work units and collective, the rights provided in Items (5) and (6) of these Regulations, are limited to thirty years, so be calculated from the end of the year of first publication.

The rights provided in Items (5) and (6) of these Regulations, after the author passes away, will be inherited according to relevant inheritance legislation.

Concerning works already published before these Regulations take effect, of all those that did not yet exceed the periods of the second, third and fourth paragraph of this Article, the copyright holder still enjoys copyright over the remainder of the time period.

Article 12: Concerning works first published after the death of the author, rights provided in Paragraphs (5) and (6) of these Regulations, are limited to thirty years, these thirty years are be calculated from the end of the year of first publication. If the work (original work) is kept by a non-lawful successor, it will be published with the approval of the lawful successor or the Ministry of Culture Publications Management Bureau, and the abovementioned rights should be jointly enjoyed by the keeper of the work (original work) and the lawful successor of the author; if the author or the lawful successor of the author cannot be determined, they will be enjoyed by the keeper, but if the work counts as a national cultural object, it will be dealt with according to the Law on the Protection of Cultural Objects.

Article 13: If the copyright holder transfers to others or allows others to use the complete or partial rights of Item (5) of Article 5 of these Regulations, they must conclude a contract.

If the copyright holder transfers to foreigners or allows foreigners to use the complete or partial rights of Item (5) of Article 5 of these Regulations, they must conclude a contract and pass through examination and approval of the provincial-level publications undertakings management organ or the controlling body of the State Council, and report it to the Ministry of Culture Publications Undertakings Management Bureau for filing.

If submissions are made to domestic periodicals, it is allowed not to conclude a contract, but the author may not submit one manuscript multiple times; the periodical should notify the author within thirty days of receipt of the manuscript whether or not it is used, if the author is not notified after this period, the author may handle it elsewhere.

Publishers should, in respect to works already published or already received before these Regulations take effect, continue to enjoy the exclusive publication right for a period of five years, this period is to be calculated from  the end of the year in which these Regulations take effect. After five years, the publishing right reverts to the author or his lawful successor. If the publisher hopes to continue to publish, he should conclude further publishing contracts.

Article 14: For the national interest, the Ministry of Culture may reclaim copyright of certain works and lengthen the period of validity.

For use of works of which the copyright belongs to the state, the Ministry of Culture Publications Undertakings Management Bureau must approve, and expenses should be paid to the State according to regulations.

Article 15:

(1) for one’s use, for individual study or scientific research, extracting, duplicating or translating,;

(2) proper quotation in a work. for commenting on or explaining a certain issue;

(3) for news reports, in a newspaper, broadcast programme, television programme or news documentary

(4) for scientific research, school teaching, extracting, duplicating, translating or adapting, for internal use of a work unit, but not for selling on the marketplace or receiving its profits;

(5) libraries, archives, data or documentation centres, for lending and reading, archival or supplying specialist material for specialist personnel, duplicating works collected in those libraries or centres, but not for selling on the marketplace or receiving its profits;

(6) for free performance for other work units as audience by specialized art performance troupes of lower than district level;

(7) cultural centres or art centres of the masses, duplicating for non-profit goals, for free performance of after-hours art troupes, but not for selling on the marketplace or receiving its profits;

(8) for propaganda, dissemination or public exposition.

Article 16: Under the following circumstances, use of works already published by others is allowed without the approval of the copyright holder, without paying him remuneration, but first, it should be sought out whether or not the author has changed opinion, the full name of the author, the name and source of the work should be clearly indicated, and the other rights the author enjoys under Article 5 of these Regulations should be respected:

(1) including in, adapting for or translating into school teaching materials, broadcast teaching materials and after-hours education teaching materials;

(2) newspapers transferring to broadcast stations and television station for broadcast;

(3) adapting into Braille reading materials.

Article 17: Under the following circumstances, use of works already published by others is allowed without the approval of the copyright holder, but remuneration should be paid to him, the full name of the author, the name and source of the work should be clearly indicated, and the other rights the author enjoys under Article 5 of these Regulations should be respected:

(1) performance of specialist art performance troupes of district and higher than district level;

(2) national audiovisual work units producing records, audio tapes, video tapes;

(3) mutual transfer between periodicals, except where the author or publisher has indicated “not to be transferred without approval”.

Article 18: After publication of books and periodicals, publishing work units must submit a specimen according to national regulations. If no submission is made after expiration, and submission is still not made after notification by the National Edition Library, it will be reported and fined by the Ministry of Culture Publications Undertakings Management Bureau.

Article 19: The following activities are activities infringing the copyright of others:

(1) publishing works created by others as one’s own works, irrespective of whether it is completely published or partly published, and also irrespective of whether it is published in its original form or published after abridgement or adaptation;

(2) not participating in creation by oneself, but forcing or using other illegitimate means to sign one’s on name on works created by others;

(3) without approval of the work unit or co-operators, publishing works collectively created by the work unit or jointly created with others, under one’s individual name;

(4) without approval of the author or his lawful successor publishing never published works.

(5) Without approval of the author, engaging in substantive alteration or alteration damaging the reputation of the author;

(6) Except where these Regulations provide otherwise, without approval of the copyright holder, transferring, reprinting, producing a film, performing, broadcasting, translating, revising, anthologizing or in other ways using his already published works;

(7) except where these Regulations provide otherwise, work units or individuals using works refusing to pay remuneration to the copyright holder according to national regulations;

(8) engaging in other infringing activities.

Article 20: If the copyright of a work is infringed, the author or other copyright holders are entitled to submit it to the local provincial-level publications management organ for handling.

Ways of handling copyright infringers include: ordering cessation of the infringing activity, ordering a public apology, ordering the payment of economic compensation of the damage of the victim, confiscation of profits received through the infringing activity, confiscation of infringing publications, fines. All ways of handling of this paragraph may be used singly, but a number of ways may be used at the same time. The period in which infringement of copyright is valid for submission is two years, to be calculated from the day on which the infringing activity is known or should be known.

Copyright disputes occurring before these Regulations take effect will not be accepted.

Article 21: Unpublished works of foreigners, if published for the first time by a publishing work unit in our country, may receive copyright protection with reference to these Regulations.

Article 22: The Ministry of Culture Publications Undertakings Management Bureau oversees the copyright management work for books and periodicals in the entire country. All provincial, autonomous region and municipal publications management organs  oversee the copyright management work for books and periodicals in their respective jurisdictions.

Article 23: The right of interpretation of these Regulations belongs to the Ministry of Culture

Article 24: These regulations take effect on 1 January 1985. Concerning relevant regulations and rules issued by organs belonging to the Ministry of Culture, in any case of conflict with these Regulations, these Regulations will act as standard.

图书、期刊版权保护实行条例

(Chinese text will follow later)

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