All provincial, administrative region and municipal publications (culture) bureaus (offices), houses, all central first level publishers:
The “Trial Regulations on Books and Periodicals Copyright Protection” have already been promulgated on 6 April 1984. After soliciting widespread opinions, we have formulated the “Implementing Rules of the trial Regulations on Books and Periodicals Copyright Protection”. These are hereby sent to you, please integrate them with the relevant provisions of the “Trial Regulations”, grasp them internally, and implement them accordingly.
When the “Trial Regulations” were promulgated, we demanded that all Provincial, Autonomous Region and Municipal Publications (Culture) Bureau (Office), set up crack copyright management organs or specialized personnel, all publishers fix specially assigned persons to be responsible for the copyright tasks of that publisher. In December 1984, a Notice of our Ministry reiterated the abovementioned demands, and all localities and all publishers are requested that they should quickly arrange implementations.
If important circumstances and problems appear in the process of implementing the “Trial Regulations”, please contact the Copyright Bureau of our Ministry timely.
Attachment: Implementing Rules of the Trial Regulations on Books and Periodicals Copyright Protection
Article 1: According to the Article 23 of the “Trial Regulations on Books and Periodicals Copyright Protection” (hereinafter simply referred to as: “Trial Regulations), these Implementing Rules are formulated.
1) “Copyright” refers to author’s rights*, and refers to all exclusive rights outlined in Article 5 of the “Trial Regulations” authors enjoy in relation to their work, according to “Trial Regulations” or other national laws, regulations and rules.
2) “National publishing work unit” refers to a publishing work unit approved by the highest national publishing administrative organ and the issues unified publication numbers.
3) “Books” refers to books officially published by national publishing work units and that possesses a unified book number
4) “Periodicals” refers to periodicals sanctioned by the highest national publishing administrative body, the Committee for Science and Technology, the general political department of the People’s Liberation Army, and competent departments of provinces, autonomous region or municipalities, registered with the provincial level publishing management organ of the locality of the sponsoring work unit of the periodical and received a registry certificate.
5) The “Trial Regulations” are only used for books and publications as outlined in items (4) and (5) of this Article. For works not yet published in the abovementioned forms of books or periodicals, such as unpublished manuscripts; commentaries, drafts, opinion pieces for internal use; restricted publications; works published in newspapers; works openly performed, broadcasted or exhibited; audio, video, slides, films, television programmes and other audiovisual works or cinematographic works; sculptures, engraving, etching works, fashion designs, stage sets, mounting designs, building designs and other design works; practical arts and crafts works; solid works relevant to geography, topography or the architecture etc., the national publications work unit and other work units and individuals should respect copyright the authors acquired through other laws, regulations or rules formulated by the relevant ministries of the State Councils, and provincial, autonomous region or municipal governments.
(6) Works such as laws, regulations, rules, decisions, notices, reports, technical standards and technical specifications, standard maps, statistical graphs, etc., if promulgated by the National People’s Congress, the State Council or relevant ministries and commissions, will be published by news and publications work units appointed by the State Council or relevant ministries and commissions; if promulgated by provincial, autonomous region or municipal People’s Congresses or governments, will be published by news and publications work units appointed by the provincial, autonomous region or municipal government. The above-mentioned publishing work units enjoy proper copyright in these works, but the author does not enjoy copyright as stipulated in Article 5 of the “Trial Regulations.”
(1) The literary, artistic and scientific woks as outlined in Article 3 of the “Trial Regulations”, should be creative works. Non-creative works or works already belonging to the common heritage of mankind, such as simple slogans, mottos, books of tables, forms, calendars, all sorts of scientific laws, formulas, published data, works already having exceeded the copyright term etc. are not protected under the “Trial Regulations”.
(2) “Writing” includes compilation;
“Music score” includes musicals works with and without lyrics;
“Dance score” includes written works recording dance movements in writing, images or other symbols.
(1) “Directly created works” refers to works directly reflecting one’s own personality and speciality created with one’s own independent creative process, using ones own skills and methods. Persons only supplying advice on the creation of the work, or supplying data, or reading and evaluating, revising manuscripts, or offering other services, cannot be named as authors. But persons evaluating and revising manuscripts, have the right to sign as reviser, and receive remuneration according to the relevant national regulations after publication of the work.
(2) The author is the first copyright holder of the work; the legitimate successor of the author may become the copyright holder after the author passes away according to the national laws relevant to succession; publishing work units or other work units and individuals may become the copyright holder of there work according to a copyright transfer contract, within the term of validity of that contract.
(3) “The legitimate successor of the author” refers to the person inheriting the lawful property of the author according to national inheritance laws, and other lawful rights and interests.
(1) “Alias” refers to the alias of the author in person. Authors publishing works under an alias, should notify the book publishing work unit or periodical editorial department with their real name.
(2) “Protection of integrity of a work” refers to it being prohibited to change the contents of a work and the point of view of the author without consent of the author, but is does not include corrections to errors in facts, quotations and grammar in a work, polishing of the writing style and other technical actions of editorial nature.
(3) Damage due to already published works which the author recalls with a newspaper statement because of a change in his standpoint or another legitimate reason, should be properly compensated to the publishing or distribution work unit. If this announcement is made within one year after the day of publication of the work, the author should return 80 per cent of the royalties he received to the publishing or distribution work unit; return 50 per cent if it this announcement is made in the second year; return 30 percent if the announcement is made in the third year until the end of the contract.
Concerning already published works of which cooperating authors announce recall, a written declaration signed by all cooperating authors must be published. If cooperating authors cannot reach an agreement on announcing recall, then it is required that the cooperating author(s) announcing the recall of the work may not continue to be named on the work, but have the right to share in the remuneration earned through use of the work.
(4) “Using works through lawful channels, in published, republished, broadcast, performance, exhibition, film production, translation or adaptation forms etc.”, refers to using works in the abovementioned forms or in another form by the author himself or the authorized work units or individuals having the right to engage in publishing, republishing, broadcast, performance, exhibition, film production, translation or adaptation actions, within the limits of national laws, regulations and rules.
(5)”Adaptation” refers to when an already published work is turned into one category from another category (for example, to change a novel-like, non dramatic, non-cinematographic work into a dramatic or cinematographic work, or vice versa; or to change a dramatic work into a cinematographic work, or vice versa; or change a novel, script, etc. into a picture-story book etc.), or not change the category of a work, but to change a work to accommodate the needs of a specific target group (for example, to change a scientific monograph into popular science reading).
Article 6: “Works enjoying protection” refers to works of which the copyright enjoys protection under the “Trial Regulations” or other laws and regulations or rules formulated by the relevant ministries and commissions of the State Council and all provincial, autonomous region and municipal governments,
Article 7: Concerning works published under a collective name, an author representative assigned by that collective should discuss publication matters and sign a publication contract, with the publishing work unit.
(1) Copyright of dictionaries, periodicals, yearbooks, encyclopaedias, conference proceedings, teaching materials and other edited works, which can be considered as one whole, the belongs to the editor. If that editor is a part of a publishing work unit, or a temporary organ specially established for the publication of these sorts of works, then the full copyright of these edited works, to be considered as a whole, belongs to the publishing work unit.
(2) Concerning collective works which the work unit organized, supplied of funding and data and other creation circumstances, and sent an editor to guide or directly took part in creation and finishing, such as dictionaries, learning materials, book collections, large-scale photo albums etc., that can be considered as a whole, the full copyright belongs to the publishing work unit. But all other rights on works in a collective work that can be used independently, except for those of which copyright has been transferred to the publishing work unit, remain in belonging of the author.
(3) Concerning dictionaries, encyclopaedias, learning materials and other edited works, contributors may not publish their contributions separately without permission of the author before or within one year after publication.
When editors organize the revision for a reprint of a dictionary, encyclopaedia, learning material and other edited works, he may change contributors, but may not infringe copyright of contributors.
(4) Periodicals enjoy exclusive publishing rights of one years on works published in that periodical for the first time. Other work units or individuals may not reprint these in the extracted, selected or adapted form without approval of the periodical, within one year after the first publication of the work, except where the “Trial Regulations” and these Rules provide otherwise. If there is no opposite agreement between the periodical and the author, the publishing rights from this provision revert to the author after one year.
(1) If one year after first publication of a work, the author or other copyright holder themselves have not conducted translation or adaptation, and have not licensed others to translate or adapt, for the goal of propaganda and education or scientific research, with the approval of the provincial-level copyright management organs or the Ministry of Culture Publications Undertakings Management Bureau, national publishing work units may publish translations or adaptations, but must pay remuneration to the author or other copyright holder according to regulations.
(2) All periodicals that specially reprint already published works in digests or anthologies, will be called selected writings. This sort of selected writings should conclude a contract with the periodicals or publishing work units that that furnish works for reprint (except nationally authorised data compilers), reprint conditions and remuneration payment methods should be clearly stipulated in the contract. If periodicals or publishing work units allow selected writings to reprint their already published works, they should pay two thirds of the remuneration gained to the author.
Article 10: At the time of publishing of folk literature art and other folk traditions works, the arranger should explain the main source material furnishers in the foreword or postscript (including verbal materials and written material) and pay remuneration to them, the total amount to be paid is thirty to forty per cent of the income of the arranger.
(1) After the author passes a way, in the following circumstances, the rights provided by Article 5, paragraphs (1), (2), (3) and (4), will be protected by the Ministry of Culture Publications Undertakings Management Bureau, so as to protect them from being infringed:
1: the author has no legal successor
2: the copyright on the work already belongs to the state
(2) Works of which the copyright belongs to an organ, group, enterprise institution or other collectives, if the abovementioned organs, groups, enterprise institutions or collectives disband, the rights provided by Article 5, Paragraphs (5) and (6) revert to the publisher to enjoy; if the publisher is disbanded as well, the publication rights revert to the state; if the abovementioned organs, groups, enterprise institutions or other collectives merge, they revert to the work unit or group after merger, but the copyright holder should notify the publisher on the merger circumstances.
Article 12: Concerning works never published during the lifetime of the author, if the author has not made his unwillingness to publish not clear in his testament, the lawful successor of the author has authority to publish. If the work (original work) is kept by an non-lawful successor, it may be published with the approval of the lawful successor of the author; if the author has no lawful successor or the lawful successor cannot be determined, or the lawful successor unreasonably refuses publication, the works may be published with permission of the provincial-level publishing management organ or Ministry of Culture Publication Undertakings Bureau.
If the lawful successor demands publication of the work, the keeper of the work may not refuse. Under the circumstance where the lawful successor and the keeper of the work (original work) jointly enjoy the rights provided by Article 5, Paragraphs (5) and (6) a contract should be concluded between the keeper of the work (original work) and the lawful successor of the author with the publisher of the work, and the remuneration earned will be divided equally. If the keeper of a work (original work) publishes the work of an author without authorization of the lawful successor of the author, the above-mentioned rights revert to the lawful successor of the author.
(1) If an author submits something for publication with a periodical or a publishing work unit, or concludes a contribution contract with a publishing work unit, he may not submit one manuscript many times. Damage caused to a periodical or a publishing work unit because of submitting one manuscript multiple times, should be suitably compensated by the author.
(2) Publishing rights over works transferred by authors or other copyright holders to domestic publishing units, should be the proper publishing rights (viz. publishing rights and reprinting right of the original copy, revised editions, extracted editions and anthologies). The duration of the publishing rights transfer contract in general should not be less than ten years. Whether or not the adaptation right, performance right, audio and video recording rights, broadcast rights, film production rights are transferred, is to be decided in consultation by both parties themselves.
(3) The publishing rights over a work transferred by an author or other copyright holders to a periodical or publishing work unit, may not be considered as transfer of property rights of the original copy of the work (except typescripts, manuscript duplicates or facsimiles), such as sketches, manuscripts, photographs etc. After publication of the work, whether or not the manuscript is returned to the author, shall be decided in consultation by both parties, and shall be clearly stipulated in the publishing contract. If periodicals do not return manuscripts (irrespective of whether or not they use them), it should make this clear on a conspicuous place on the back cover or title page of that periodical.
(4) Works already received by publishing work units before the “Trial Regulations” took effect, refers to manuscripts of which the evaluation was finished, the author notified on the approval for publication and which were included in publication planning before the “Trial Regulations” took effect.
Except for the abovementioned manuscripts and works already published before the “Trial Regulations” took effect, concerning manuscripts of which the author took initiative to submit to a publishing work unit between 1 January 1980 and the taking effect of the “Trial Regulations”, publishing work units should make a decision within one year after the “Trial Regulations” took effect on whether or not to use them, and if they do not use them, to immediately return the manuscript; if they approve use as suggested, they should amend the contract. If the manuscript is not retuned, nor the contract is amended, one year after the “Trial Regulations” took effect, the author may demand the publishing work unit to return the manuscript within a set time and damage compensation according to material costs.
Manuscripts of which the publishing work units took initiative to arrange matters with the author before the “Trial Regulations” took effect, if they are not yet received or evaluated is not yet finished, but are already included in publishing planning, the contract should be amended.
Concerning manuscripts of which the author has taken initiative to submit to a publishing work unit after the “Trial Regulations” took effect, the publishing work units should notify the author within thirty days of receipt of the manuscript, and must decide within six months whether or not use is considered. If it is not used, the manuscript will be returned within six months; if use is approved as suggested, a contribution contract or publishing contract should be signed. If the manuscript is not returned, and no contract is concluded, after six months, the writer may demand return of the original manuscript within a set time and damage compensation for material costs. The abovementioned time limit of thirty days or six months, are to be calculate starting from the date on which the publishing work unit receives the manuscript.
(5) If large-scale periodicals or scholarly products, after receipt, are not able to decide whether or not to use something within thirty days, the author should be notified of receipt of the manuscript, and the term is lengthened to three months, within which the author will be notified whether or not something is used. If the author is not notified within three months, the author may demand the return of the manuscript within a set time to be dealt with separately; if the manuscript is not returned within six months, and also not used, the author may also demand damage compensation form material costs, except when periodicals have clearly indicated that they do not return manuscripts. The abovementioned time limits of thirty days, three months or six months, are to be calculated starting from the date on which the periodical editorial department receives the manuscript.
(6) Publishing work units enjoy copyright on the binding design and the page format design during the period of validity of copyright on the books they publish, except if during the period of validity of the publishing contract, they enjoy copyright and other rights transferred by the author in the publishing contract. If other work units reprint something, they should seek approval of the original publishing work unit, clearly indicate the name of the publishing work unit and the original publication date, and pay remuneration. When the publishing contract term expires, if the authors regains the publishing right, and the work transfers to another publishing work unit, it may not damage the copyright enjoyed on the binding design and page format design of the original publishing work unit
(7) If an author publishes a work in an unsigned form, its copyright belongs to the publisher, if the real name of the author is revealed within thirty years after publication, the copyright reverts to the author.
Concerning unsigned works already published before the “Trial Regulations” took effect, if the author or his lawful successor demands of the publishing work unit to add the name of the author when the work is reused, and can furnish reliable proof of the identity of the author, the publishing work unit may not refuse.
(8) If the author or his lawful successor, violates relevant national regulations or the provisions of Article 13 of the “Trial Regulations”, and transfers to foreigners or allows foreigners to use all or part of the rights of Article 5 Paragraph 5 of the “Trial Regulations”, or even transfers or allows foreigners to use the rights of Article 5 Paragraph (1) through (4), administrative sanction will be imposed by the work unit to which the author or his legitimate successor belongs.
Article 14: Concerning the scope of works of which copyright needs to be nationalized and the term extended, the reclaim procedures well as the manner of payment for use of this sort of works, the Ministry of Culture will issue separate regulations.
(1) “Proper quotation” refers to when an author in a work quotes portions from a work of another author. Quotations of a non-poetical work may not exceed 2500 characters or one tenth of the quoted work, if a long piece of non-poetical work is quoted many times, the total amount of characters may not exceed 10.000 characters; quotation of a poetical work may not exceed 40 lines or one fourth of the entire poem, except guti poems. All quotations of the works of one person or more persons, the total quotation quantity may not exceed ten per cent of the work created by the author, except special theses and articles and guti poems.
(2) “For internal use of the work unit” refers to the internal use of one organ, one school, one research institute, one factory, one company and other independent accounting units, and not for the internal use of one system.
(1) Under the four circumstances listed in Article 16 of the “Trial Regulations” using already published works, the user should find out in advance whether the author has changed of opinion or not, if no answer on the author changing of opinion has been received within one month of the day on which the change of opinion notice has been sent, it may be assumed the author did not change of opinion. If it is received that the author changed his opinion within this time limit, works of after his change of opinion should be used.
(2) “School teaching material, broadcast material and spare time education material” refers to teaching materials written under the following circumstances:
1, school teaching material of which the writing was organised by the Ministry of Education and all other ministries and commissions of the State Council and all province, autonomous region and municipal education administrative organs according to the teaching programmes formulated by the Ministry of Education and all other ministries and commissions of the State Council;
2, professional or spare time education teaching materials of which the writing was organised by the education departments of all ministries and commissions of the State Council in order to raise the scientific and cultural level of staff members of those systems;
3, radio and television teaching materials of which the writing was organised by the Ministry for Radio and television or the Ministry of Education
4, textbooks for the elimination of illiteracy and all sorts of rural education teaching materials of which the writing was organised by the Ministry of Education and all provincial, autonomous region and municipal administrative education organs for the goal of eliminating illiteracy or rural education
5, teaching materials of which the writing was organised by army-level and higher than army level political or military training departments for the goal of political and cultural education and military skills training.
Without approval of the copyright holder, no work unit or individual may write and publish explanatory notes or keys to the abovementioned teaching materials.
(3) “Newspaper” refers to official newspapers reporting mainly news on facets such as domestic and international politics, economy, culture, society, etc., published by central and local Party committees and governments of all levels, official newspapers of the CPPCC and all democratic parties, as well as central labour, youth and women organisations, China Daily, Economic Daily, Liberation Army Paper and all sorts of military newspaper, as well as other papers that have requested and obtained approval of the Ministry of Culture on which Article 16 of the “Trial Regulations” is applicable. If these sorts of newspapers reprint cultural works such as stories, poems, dramatic scripts, music scores, reportages, etc., they must still request approval of the copyright holder and pay remuneration.
Foreign language periodicals that have been approved by the relevant ministries and commissions of the State Council, that specially assume the task of external propaganda will be treated as newspapers, and the provisions of Article 16 of the “Trial Regulations” apply.
All sorts of specialty papers such as literature and art papers, market information papers, etc. will be treated as periodicals, and the provisions of Article 17 apply.
(4) Concerning the use of already published works under the four sorts of circumstances outlined in Article 16 of the “Trial Regulations”, if these are used in the form of a publication, a sample should be sent to the author as a gift; if these are used in the form of a broadcast, a radio, film or television playbill should be sent to the author as a gift.
Article 17: The regulations on mutual reprint between periodicals, do not apply to digests of specialized reprinting of artistic works, if this sort of digest reprints already published works, they must have approval with the author, and pay remuneration to him, according to the relevant provisions of Articles 8 and 9 of these Rules.
Article 18: Within thirty days after publication of a book or periodical, the publishing work unit should submit a specimen to the Ministry of Culture Publication Office, the China Edition Library and Beijing Library; local publishing work units should also submit a specimen to the provincial, autonomous region or municipal publication management organ and the provincial, autonomous region or municipal library. If there is no submission within the time limit, and still not after notification of the non-submitter, he will be reported and criticized respectively by the Ministry of Culture Publishing Undertakings Management Bureau or the provincial-level publishing management organs and, if the circumstances are serious, also pay a fine, the amount of the fine is five to ten times the fixed price of the book or periodical specimen to be compensated.
Article 19: If infringing actions as outlined in Article 19 of the “Trial Regulations” are discovered, the author or other copyright holders may submit the activities for handling to the provincial level publishing management organs of the locality where the infringement is discovered; they may also demand the work unit to which the infringer belongs engages in criticism and education or imposes administrative sanctions; or may directly file a case with the People’s Courts.
(1) “The day on which the infringement should be known” refers to the day on which infringing works are openly distributed in the locality of the copyright holder. Copyright disputes of which within two years from the day on which the right holder knows or should know about infringing activities, no submission for handling is made, may not be accepted by the publishing administrative organs.
(2) Non-acceptation of copyright disputes happening before the “Trial Regulations” took effect, refers to provincial, autonomous region or municipal publishing management organs not accepting cases.
(3) If the infringer obtained profits through his infringing activities, these profits should be confiscated in the first place, and afterwards a decision on whether or not to fine will be made with regards to the gravity of the circumstances.
(4) If a fine is imposed on an infringer, the range of the fine should be:
1, if the infringing activities involve works published in a periodical, a fine of 20 to 200 Yuan;
2, if the infringing activities involve books, a fine of 50 to 500 Yuan.
(5) Provincial-level publishing management organs should store received fines and confiscated profits of infringers on a special bank account of a bank in that locality, and may not divert them. The ministry of Culture will notify how to use this sort of funds, separately.
(6) Concerning the handling by provincial, autonomous region or municipal publishing management organs of all copyright disputes, a copy of the result of the handling should be sent to the relevant copyright holder, infringer, work unit to which the infringer belongs as well as the work unit publishing the infringing work, and a copy should also be sent to the Ministry of Culture Publication Enterprises Management Bureau.
Article 21: For the interpretation of the “Trial Regulations” and these Implementing Rules, as well as approval that exceptional selected writings enjoy “national special permission” treatment, the written opinions of the Ministry of Culture’s Publication Enterprises Management Bureau should be taken as standard.
Article 22: these Implementing Rules take effect from 1 January 1985