Changes in the updated document in comparison with the earlier March draft are underlined.
National Copyright Administration, July 2012
Chapter I: General Principles
Chapter II: Copyright
Section I: Copyright holders and their rights
Section II: Copyright entitlement
Section III: The term of protection of copyright
Chapter III: Related rights
Section I: Publishers
Section II: Performers
Section III: Audio producers
Section IV: Radio stations and television stations
Chapter IV: The limitations of rights
Chapter V: The exercise of rights
Section I: Copyright and related right contracts
Section II: Collective copyright management
Chapter VI: Technological protection measures and rights management information
Chapter VII: The protection of rights
Chapter VIII: Supplementary provisions
Chapter I: General provisions
Article 1: In order to protect the copyright of creators of literary, artistic and scientific works, as well as the related rights of disseminators, encourage the creation and dissemination of works beneficial to the construction of a Socialist spiritual culture and material culture, and stimulate the development and flourishing of Socialist culture, science and economy, in accordance with the Constitution, this Law is formulated.
Article 2: Works of Chinese natural persons, legal persons and other organizations, regardless of whether they are published or not, are protected by this Law.
Works of foreigners and stateless persons are protected by this law on the basis of agreements concluded by their country of nationality or their country of habitual residence with China, or international treaties in which they participate together.
Works of creators from countries not having concluded an agreement with China or not participating together in an international treaty or stateless persons are protected by this law where they are published first in a member state of an international treaty in which China participates, or simultaneously in member states and non-member states.
The page format design, performances, audio works and radio or television programmes of Chinese natural persons, legal persons or other organizations are protected by this Law.
The page format design, performances, audio works and radio or television works of foreigners and stateless persons, are protected by this law on the basis of agreements concluded by their country of nationality or their country of habitual residence with China, or international treaties in which they participate together.
Concerning foreigners from countries that have not concluded agreements with China or that jointly participate in international treaties and stateless persons, their audio works that are performed within the borders of China or that are produced and distributed within the borders of China, are protected by this Law.
Article 3: Works as named in this law refers to intellectual achievements in the literary, artistic and scientific sphere, having originality, which can be fixed in some form.
Works include the following categories:
(1) literary works, meaning novels, poetry, prose, theses and other works expressed in written form;
(2) oral works, meaning impromptu speeches, lessons and other works expressed in orally spoken form;
(3) music works, meaning songs, compositions and other works that can be sung or performed, with lyrics or without lyrics;
(4) dramatic works, meaning dramas, plays, operas, ballets, and other works performed on stage;
(5) quyi works, meaning comic sketches, clappertalk, drum ballads, storytelling, stories with string instrument accompaniment and other works with talking and singing as main forms of expression;
(6) dance works, meaning works expressing thoughts and feelings through continuous motions, postures, facial expressions, etc.;
(7) acrobatic art works, meaning acrobatics, magic, circus, comedy and other works expressed through physical motion and dexterity;
(8) fine artworks, meaning drawings, calligraphy, sculpture and other two-dimensional or three-dimensional plastic artworks constituted of lines, drawings or other forms, having an aesthetic sense;
(9) applied artworks, meaning artworks having a real purpose and have an aesthetic sense;
(10) architectural works, meaning works having an aesthetic sense, expressed in the form of buildings or constructions, including the blueprints, design drawings, sketches and models that are the basis for their construction;
(11) photographic works, meaning artworks recording objective bodies the images of with the help of an apparatus on light-sensitive materials or other mediums;
(12) audiovisual works, meaning works fixed on a certain medium, composed of a series of images with accompanying sound or without accompanying sound, and disseminated to the public with the assistance of technological equipment;
(13) charts and graphs, meaning engineering and design drawings or product design drawings drawn for engineering or production, as well as maps, schematic diagrams and other works reflecting geographical phenomena, illustrating material principles or structures;
(14) Solid works, meaning three-dimensional works produced for the production of products or displaying geographical terrain;
(15) computer programmes, meaning codified instruction sequences for obtaining a certain kind of result, that can be implemented by computers and other devices with information processing capacities, or symbolized instruction sequences or symbolized phrase sequences that may be automatically transformed into code sequences, where the same computer programme source code and object code is the same work;
(16) other literary, artistic and scientific works.
Copyright comes into being from the date of completion of the work, no formality must be performed.
The applied artworks of foreigners and stateless persons, where the country to which they belong or their country of habitual residence grants protection to applied artworks of Chinese creators, are protected by this Law.
Article 4: Related rights as named in this law, refers to the rights that publishers enjoy over the page layout of books or periodicals that they publish, the rights that performers enjoy over their performances, the rights that audio work producers enjoy over the audio works they produced, and the rights that radio stations and television stations enjoy over the radio and television programmes they transmit.
Related rights come into being from the date of first publication of books or periodicals using the page layout, the first performance occurs, audio works are produced for the first time and radio or television programmes are transmitted for the first time, no formality must be performed.
Article 5: Copyright holders exercising their copyright and related rights holders exercising their related rights may not violate the Constitution and the laws, and may not harm the public interest.
The State conducts supervision and management over the dissemination of works according to the law.
Article 6: Copyright holders and related holders may register their copyright or related rights with the special registration organ established by the State Council administrative copyright management department. The registration documents are preliminary evidence for verification of the registered matter.
Fees shall be paid for registration, fee collection standards are provided by the State Council finance and price management department.
Copyright and related rights registration management rules are formulated separately by the State Council administrative copyright management department.
Article 7: Copyright protection extends to expression, and does not extend to ideas, processes, principles, mathematical concepts, operational methods, etc.
This Law does not apply to:
(1) Laws and regulations, State organ resolutions, decisions, decrees and other documents having a legislative, administrative or judicial nature, and their official translations;
(2) simple factual information reported through media such as newspapers, periodicals, radio stations, television stations, information networks, etc.;
(3) calendars, common numeral tables, common forms and formulas.
Article 8: Folk literature and art expression protection rules are formulated separately by the State Council.
Article 9: The State Council administrative copyright management department is in charge of nationwide copyright and related rights management work; local People’s Government administrative copyright management departments are in charge of copyright and related rights management work in their administrative areas.
Chapter II: Copyright
Section I: Copyright holders and their rights
Article 10: Copyright holders include:
(2) other natural persons, legal persons and other organizations enjoying copyright according to this law.
Article 11: Copyright includes personal rights and property rights.
The personal rights of copyright include:
(1) the right of publication, being the right to decide whether or not to make the work known to the public;
(2) the right to sign a name, being the right to decide whether or not to make the identity of the creator known as well as how to make the name of the creator known;
(3) the right to protect the integrity of the work, being the right to authorize other persons torevise the work as well as prohibit distortion or falsification of the work.
The property rights of copyright include:
(1) the right of reproduction, being the right to fix the work on a tangible carrier through printing, reprinting, recording, reproduction as well as digital and other methods;
(2) the right of distribution, being the right to provide the original work or reproductions thereof to the public through selling, donation or other ways of transferring ownership;
(3) the right of rental, being the right to permit other persons to temporarily use original audiovisual works, computer programmes or audio works containing works or reproductions thereof for payment, except where computer programmes are not the main object of rental;
(4) the right of exhibition, being the right to openly display original works of fine art, photographic works or copies thereof;
(5) the right of performance, being the right to openly perform the work in all sorts of ways, as well as to disseminate works to the public through technological equipment;
(6) the right of transmission, being the right to openly transmit the work or relay transmissions of the said work through wireless or cable means, as well as to relay transmissions of the said work to the public through technological means;
(7) the right of information network dissemination, being the right to provide the work to the public through wireless or cable means, causing the public to be able to obtain the work at an individually selected time and location, as well as to disseminate works provided through the abovementioned methods to the public through technological equipment;
(8) the right of adaptation, being the right to transform the work into a new work of a different genre, category or form, other than audiovisual works, as well as to supplement, abridge, transform instructions and phrasing sequences or other changes in computer programmes;
(9) the right of translation, being the right to translate the work from one spoken or written language into a different spoken or written language;
(10) the right of film production, being the right to produce an audiovisual work of a work;
(11) other rights that copyright holders should enjoy.
Protection rules for the information network dissemination right and the right of pursuit are formulated separately by the State Council.
Article 12: After the original pieces of fine art and photographic works or the manuscripts of literary or musical works are transferred for the first time, authors or their heirs or legatees have the right to share in the profit if the owner of the original piece or manuscript sells the original piece or manuscript through the auction method, this right may not be transferred or renounced, rules for its protection will be formulated separately by the State Council.
Where the country to which foreigners or stateless persons belong or that of their habitual residence recognizes that Chinese creators enjoy similar rights, they enjoy the rights provided in the above Paragraph.
Section II: Copyright entitlement
Article 13: Copyright belongs to the creator, except where this Law provides otherwise.
The natural person creating a work is the creator.
For works organized or invested in by legal persons or other organizations, created to represent the intention of legal persons or other organizations, published under the name of legal persons, other organizations or their representatives, and of which legal persons or other organizations bear responsibility, the legal person or other organization is considered as the creator.
Where there is no evidence to the contrary, the natural person, legal person or other organization signing the work is inferred to be the creator.
Article 14: New works produced by using existing works through methods such as adaptation, translation, annotation, arrangement, etc., are derivative works, their copyright is enjoyed by the deriver.
For using derivative works, the permission of the copyright holder of the derivative work and the copyright holder of the original work shall be obtained, and remuneration paid.
Article 15: The copyright of works created in cooperation by two or more persons is jointly enjoyed by the creators. Persons not having participated in creation, cannot become cooperative creators.
Where cooperative works may be used in portions, creators enjoy copyright individually over the part they created, but may not hamper the regular use of the cooperative work in exercising their copyright.
Where cooperative works cannot be used in portions, the copyright is enjoyed jointly by all creators, and exercise through unanimous consultation; where unanimous consultation cannot be reached, and there is no proper reason; no single party may obstruct other sides to use or permit other persons to use them, but the income shall be reasonably divided between all cooperative creators.
Where other persons infringe the copyright of cooperative works, any cooperative creator may raise a lawsuit in his own name, but compensation obtained shall be reasonably divided between all cooperative creators.
Article 16: Works compiling numerous works, portions of works or data not constituting works or other materials, that reflect originality in their selection or arrangement of contents, are compilation works, their copyright is enjoyed by the compiler.
For use of compilation works, permission from the copyright holder of the compilation work and the copyright holder of the original work shall be obtained, and remuneration paid.
Article 17: Movie producers using scripts, music or other works to produce audiovisual works, shall obtain permission from the copyright holder, and pay remuneration.
The copyright of audiovisual works is enjoyed by the producer, but the original work’s creator, screenwriter, director, cameraman, lyricist, composer and other creators enjoy the right to sign a name
The original work’s creator, screenwriter, director, lyricist and composer have the right to obtain reasonable remuneration from other persons’ use of the audiovisual work.
Creators of scripts, music and other works in audiovisual works that can be used on their own, may exercise their copyright on their own, but may not hamper the regular use of the audiovisual work.
Article 18: Works created by employees in completing their work duties are professional works, their copyright entitlement is to be agreed upon by the parties.
Where the parties have no agreement or the agreement is unclear, the copyright of professional work is enjoyed by the employee, but the copyright of engineering design drawings, product design drawings, maps, computer programmes as well as works created by journalists employed by news publishers or press agencies in the completion of their reporting duties is enjoyed by the work units, and the creator enjoys the right to sign a name
According to the provisions of Paragraph 1 and Paragraph 2 of this Article, where the copyright of professional work is enjoyed by employees, the work unit may use the said work in their professional scope free of charge.
Article 19: The copyright of works created on entrustment is to be agreed upon by the parties.
Where the parties have no agreement or the agreement is unclear, the copyright of the entrusted work is enjoyed by side accepting entrustment, but the entrusting side may use said work within their professional scope free of charge.
Where the parties have not agreed upon a scope of use, the entrusting side may use the said work within the scope of the specific objective for which the work was created free of charge.
Article 20: Ownership transfer of the original copy of a work does not engender transfer of copyright.
The owner of the original copy of fine artworks and photographic works may display the said original copy.
When creators transfer the original copy of fine art or photographic works that has not been published to another person, display of the original copy of said work does not constitute infringement of the creator’s right of exhibition.
Where the original piece of fine artworks exhibited in public places is the only carrier of that work, the owner of the said original piece shall, before demolishing, destroying and other substantial facts, notify the creator in a reasonable period, the creator may protect his copyright through buy-back, reproduction and other methods, except where the parties have agreed otherwise.
Article 21: After creators pass away, the right to sign a name and the right to preserve the integrity of the work in their copyright are protected by the heir or legatee of the creator.
Where the are no persons to inherit copyright or no person to accept it as legacy, the right to sign a name and the right to preserve the integrity of the work are protected by the administrative copyright management department.
Article 22: For works not published during the creator’s lifetime, if the creator has not clearly indicated to not publish them, the right of publication is exercised by the heir or legatee for 50 years after the death of the creator; where there is no heir or legatee, the right to publication is exercised by the owner of the original copy of the work.
Article 23: Where copyright belongs to natural persons, after the natural person passes away, and the property rights in copyright are still within the term of protection provided in this Law, they are transferred according to the provisions of the “Inheritance Law of the People’s Republic of China”.
Where copyright belongs to legal persons or other organizations, after legal persons or other organizations change or terminate, and the property rights in copyright are still within the term of protection provided in this Law, they are enjoyed by the legal person or other organization taking over their rights and duties; where there is no legal person or other organization inheriting their rights and duties, they are enjoyed by the State.
Article 24: Where one cooperative creator passes away, and there is no one to inherit or no person to accept as legacy the property rights in copyright he enjoys in cooperative works, they are enjoyed by the other cooperative creators.
Article 25: Of works of which the identity of the creator is not clear, the copyright, apart from the right to sign a name, is exercised by the owner of the original copy of the work. After the identity of the creator is determined, the copyright is exercise by the creator or his heir or legatee.
Article 26: Newspaper and periodical publishers that conduct reproduction of already published newspapers or periodicals in digitized forms, and other users who reproduce them in digitized form or disseminate them to the public through information networks, shall obtain permission of the copyright holder. Concerning works of which the copyright protection period is not yet expired, where users have done their best to search for the rights holder without result, and conform to the following conditions, they may apply with an organ appointed by the State Council administrative copyright management department and use them after lodging a use fee:
(1) where the identities of the creator and the owner of the original copy are unclear ;
(2) where the identity of the creator is unclear, the identity of the owner of the original work is determined but he cannot be contacted;
(3) where the identity of the creator is determined but he cannot be contacted.
Concrete matters for the above paragraph, are formulated separately by the State Council administrative copyright management department.
Section III: The term of protection of copyright
Article 27: The term of protection of the right to sign a name and the right to protect the integrity of the work is not subject to limits.
Article 28: For works of natural persons, the term of protection of the right of publication and the property rights in copyright is the life of the creator and fifty years after his death; if it is a cooperative work, the term of protection is calculated from the death of the last creator.
For works of legal persons or other organizations, or professional works of which the copyright (apart from the right to sign a name) is enjoyed by the work unit and audiovisual works, the term of protection of the right of publication is 50 years, but where works have not been published for 50 years after completion of their creation, this Law no longer protects them; the term of protection of the property rights in copyright is 50 years after the work is published for the first time, but where works have not been published for 50 years after completion of their creation, this Law no longer protects them.
For applied artworks, the term of protection of the right of publication is 25 years, but where works have not been published for 25 years after completion of their creation, this Law no longer protects them; the term of protection of the property rights in copyright is 25 years after the first publication, but where works have not been published for 25 years after completion of their creation, this Law no longer protects them.
The term of protection as named in the previous four Paragraphs is to be calculated from 1 January of the year after the death of the creator, first publication of the corresponding work or completion of the creation of the work.
Article 29: For works where the identity of the creator is not clear, the term of protection of the property rights in copyright is 50 years, to be calculated from 1 January of the year after first publication of the said work. After the identity of the creator is determined, the provisions of Article 28 of this Law apply.
Chapter III: Related rights
Section I: Publishers
Article 30: Publishing as named in this law, refers to reproduction and distribution.
Page format design as named in this Law, refers to the design of the layout pattern of books and periodicals.
Article 31: Publishers have the right to permit other persons to use the page format design of books or periodicals they publish.
The term of protection of the rights provided in the previous Paragraph is 10 years to be calculated from 1 January of the year after the book or periodical using said page format design was published for the first time.
Section II: Performers
Article 32: Performers as named in this law, refers to natural persons performing literary or artistic works, or folk literature and art expressions through declamatory, singing, instrumental performance and other methods.
Article 33: Performers enjoy the following rights over their performances:
(1) indication of the identity of the performer;
(2) protection against distortion of the performer’s image;
(3) permitting other person to openly transmit their live performances through wireless or cable methods;
(4) permitting other persons to record their performances;
(5) permitting other persons to reproduce, distribute or rent records of their performances or reproductions of the said records;
(6) permitting other persons to provide their performances to the public with wireless or cable methods, causing the public to be able to obtain the said performance at an individually selected time and location, as well as disseminating performances provided in the abovementioned method to the public through technological equipment.
The term of protection of the rights provided in clause (1) and clause (2) of the above Paragraph is not subject to limits; the term of the protection of the rights provided in clauses (3) to (6) of the above Paragraph is 50 years, to be calculated from 1 January after the year the performance takes place.
The person receiving permission to use the work in ways provided in clauses (3) to (6) of Paragraph I of this Article shall also obtain permission from the copyright holder.
Article 34: Where performance organizers organize performances, the said performance organizer obtains permission of the copyright holder.
Article 35: Performers’ performances conducted in completion of their work duties are professional performances, their rights ownership is to be agreed upon by the parties.
Where the parties have no agreement or the agreement is unclear, the rights to professional performances are enjoyed by performers, but the rights of collective professional performances are enjoyed by the performance work unit, the performers enjoy the right to sign a name.
Where, according to the provisions of Paragraph 1 and Paragraph 2 of this Article, the rights to professional performances are enjoyed by the performers, the performance work units may use the said performances free of charge within their professional scope.
Article 36: Producers employing performers to produce audiovisual works, shall sign written agreements and pay remuneration.
The rights of performers in audiovisual works as provided in Clause (5) and Clause (6) of Article 33 are enjoyed by the producer, but the main performers enjoy the right to sign a name.
The main performers have the right to obtain reasonable remuneration from other persons’ use of the said audiovisual work.
Section III: Audio producers
Article 37: Audio products as named in this Law, refers to any work recording the sounds of performances or other sounds.
Record producers as named in this Law, refers to the first producer of audio products.
Article 38: Audio producers enjoy the following rights:
(1) to permit other persons to reproduce their audio products;
(2) to permit other persons to distribute their audio products;
(3) to permit other persons to rent out their audio products;
(4) to permit other persons to provide their audio products to the public through wireless or cable means, causing the public to be able to obtain the said audio products at an individually selected time and location, as well as disseminating audio products provided in the abovementioned methods to the public through technological equipment.
The term of protection of the rights provided in the previous Paragraph is 50 Years, to be calculated from 1 January of the year after the completion of the production of the audio product.
The person receiving permission to reproduce, distribute, rent or disseminate the audio product to the public through information networks shall also obtain permission from the copyright holder and performer.
Article 39: Where audio products are used in the following methods, their performers and audio producers jointly enjoy the right to obtain reasonable remuneration:
(1) openly broadcasting audio products using wireless or cable means or transmitting broadcasts of the said audio products, as well as disseminating broadcasts of the said audio products to the public through technological equipment;
(2) disseminating audio products to the public through technological equipment.
Where the country to which foreigners or stateless persons belong or have their habitual residence recognize that Chinese performers and audio producers enjoy equal rights, they enjoy the rights provided in Paragraph 1 of this Article.
Section IV: Radio stations and television stations
Article 40: Radio and television programmes as named in this law, refers to signals transmitted for the first time by radio stations and television stations that carry sound or images.
Article 41: Radio stations and television stations enjoy the following rights over the radio and television programmes that they broadcast:
(1) to permit other persons to relay their radio and television programmes through wireless or cable means;
(2) to permit other persons to record their radio and televisions programmes;
(3) to permit other persons to reproduce recordings of their radio and television programmes;
The term of protection of the rights provided in the above Paragraph is 50 years, to be calculated from 1 January of the year after the first transmission of the radio or television programme.
Where persons receiving permission use works, performances or audio products according to the provisions of Paragraph 1 of this Article, they shall also obtain permission of copyright holders, performers and audio producers.
Chapter IV: The limitations of rights
Article 42: Under the following circumstances, works may be used without the permission of the copyright holder, and without paying remuneration, but the full name of the copyright holder, the name of the work and the source of the work shall be indicated, and it may not infringe other rights enjoyed by the copyright holder according to this Law:
(1) reproducing reproduce extracts from literary works already published by other persons for individual study or research;
(2) appropriately using other persons’ already published works in a work, to introduce or discuss a certain work or explain a certain question, the cited part may not constitute the main or a substantial part of the work of the quoted person;
(3) republishing or citing already published works where it is inevitable in media such as newspapers, periodicals, radio, television, information networks, etc., in order to report current news;
(4) newspapers, periodicals, radio stations, television stations, information networks and other media publishing or transmitting current affairs-type articles concerning political, economic or religious questions already published in other newspapers, periodicals, radio stations, television stations, information networks and other media, except where the creator has indicated his disallowance of use;
(5) newspapers, periodicals, radio stations, television station, information networks and other media publishing or transmitting speeches made in public assemblies, except where the creator has indicated his disallowance of use;
(6) translating or in small quantities reproducing already published works for classroom teaching or scientific research, for the use of teaching or research personnel; but these may not be published or distributed;
(7) State organs using already published works for implementing their duties within a reasonable scope;
(8) libraries, archives, memorial halls, museums, art galleries, etc., reproducing the works stored in these facilities in order to display or preserve editions;
(9) free of charge performance of already published works, where the said performance does not collect fees from the audience, and no remuneration is paid to the performers;
(10) copying, painting or photographing or recording artworks installed or exhibited in outdoors public venues, but it is prohibited to reproduce the said artwork in an identical manner, exhibit it or openly disseminate it;
(11) translating already published Mandarin spoken or written language works of Chinese natural persons, legal persons or other organizations into ethnic minority spoken or written language works for domestic publishing and distribution;
(12) translating already published works into Braille for publication;
(13) other circumstances
When using works in ways provided by the previous Paragraph, it is prohibited to influence the regular use of the work, and it is prohibited to unreasonably harm the lawful rights and interests of the copyright holder.
Article 43: Lawfully authorized users of computer programmes may engage in the following activities:
(1) installing the said computer on computers and other devices having information processing capacity on the basis of requirements for use;
(2) producing back-up reproductions to prevent damage to the computer programme. This sort of back-up reproductions may not be provided to other persons from use in any way, and when that person loses lawful authorization, he is responsible for the destruction of back-up reproductions;
(3) conducting necessary alterations in order to use the said computer programme in a real applied computing environment or improve its functions or functioning; without permission of the copyright holder of the said programme, the revised programme may not be provided to third parties in any way.
Article 44: In order to study and research the design thinking and principles that computer programmes contain, those using computer programmes through installation, display, transmission, storage or other means, may go without the permission of the copyright holder of the computer programme, and do not pay remuneration to them.
Article 45: When lawfully authorized users of computer programmes cannot obtain necessary compatibility information through regular channels, they may reproduce and translate the content of the part related to compatibility information in the said computer programme, without permission of the copyright holder of the said computer programme.
For using the information obtained according to the provisions of the above Paragraph, the use objective of computer programme compatibility may not be exceeded, it may not be used to develop, produce or sell virtually similar computer programmes, and may not be used for any activity infringing copyright.
Article 46: Textbooks compiled in order to implement the nine-years compulsory education system and State education planning, it is permitted to compile portions of already published works or small literary works or music works, or single fine artworks, photographic works or graphs in the textbook without permission of the copyright holders, according to the conditions provided in Article 48 of this Law.
Article 47: After literary works are published in newspapers or periodicals, other newspapers and periodicals may reprint them or publish them in digests or materials without permission of the creator, according to the conditions provided in Article 48 of this Law.
Newspaper and periodical publishers enjoy exclusive publishing rights over works they publish according to the authorization of the creator, and where they have made an indication that they prohibit reprinting or republishing in a clear position in newspapers or periodicals they publish, other newspapers and periodicals may not reprint or publish them.
Article 48: According to the provisions of Article 46, and Article 47 of this Law, use of already published works without permission of the copyright holder must conform to the following conditions:
(1) applying or filing with the corresponding collective copyright management organization before the first time of use;
(2) indicating the full name of the creator, name of the work and source of the work at the time of using a specific work;
(3) directly paying use fees to the rights holder or paying them to rights holders through collective copyright management organizations, according to standards formulated by State Council administrative copyright management department within one month of using a specific work, and at the same time, providing the name of the used work, the full name of the creators, the source of the work and other corresponding information.
Collective copyright management organizations shall timely publish the filing information provided in the previous Paragraph, and establish work use situation consulting systems for rights holders to consult the work use situation and fee payment situation free of charge.
Collective copyright management organizations shall timely and within a reasonable period transfer the use fees mentioned in Paragraph 1 of this Article to rights holders.
Chapter V: The exercise of rights
Section I: Copyright and related rights contracts
Article 49: Copyright holders may use the property rights in copyright through permission, transfer, establishment of pledges or in other legally permitted manners.
Article 50: For use of other persons’ works, a permission of use contract shall be concluded with the copyright holder, except where the provisions of this Law permit not obtaining permission.
Permission of use contracts contain the following main content:
(1) the name of the work;
(2) the rights categories and use methods permitted to be used;
(3) whether the use permission covers exclusive use rights or non-exclusive use rights;
(4) the geographical scope and time limit in which use is permitted;
(5) remuneration payment standards and methods;
(6) liability for breach of contract;
(7) other content that both sides believe should be agreed upon.
Remuneration payments for use of works are agreed upon by the parties, where the parties have no agreement or the agreement is unclear, remuneration is paid according to the market price or the remuneration standards formulated by the State Council administrative copyright management department together with other relevant department.
Article 51: Where the methods permitted to be used are exclusive rights, the use permission contract shall be in written form.
Where it is not clearly agreed upon in the contract that the rights permitted to be used are exclusive rights, it shall be considered that the rights permitted to be used are non-exclusive rights.
Where it is agreed upon in the contract that the methods permitted to be used are exclusive rights, but the content of the exclusive rights have not been agreed upon or the agreement is unclear, it shall be considered that the person receiving permission has the right to exclude any person, including the copyright holder, to use the work in any similar way.
Where newspaper or periodical publishers sign an exclusive publishing rights contract with copyright holders, but there is no agreement on the period of the exclusive publishing rights or the agreement is unclear, the exclusive publishing right period is inferred to be one year.
Article 52: Where it is agreed in book publishing contracts that book publishers enjoy exclusive publishing rights but the concrete content is not clarified, it shall be considered as book publishers enjoying the exclusive rights to publish books on the basis an original edition or revised edition of the similar written language within the geographical scope agreed upon in the contract, and during the validity term of the contract.
Article 53: Where book publishers reprint or republish works, they shall notify the copyright holder, and pay remuneration.
Where book publishers refuse to reprint or republish, after a book is sold out, copyright holders have the right to terminate the contract. Two order forms that have not been implemented within six months, sent by contract holders to book publishers, are considered as books being sold out.
Article 54: For transferring property rights in copyright, a written contract shall be concluded.
Rights transfer contracts shall contain the following main content:
(1) the name of the work;
(2) the categories of transferred rights and their geographical scope;
(3) the transfer sum;
(4) the day and method of payment and transfer;
(5) liability for breach of contract;
(6) other content that both sides believe should be agreed upon.
Article 55: Rights not having been clearly permitted or transferred by copyright holders in permission of use contracts and transfer contracts, without the agreement of the copyright holder, may not be exercised by the person receiving permission or the transferee.
Without the agreement of the copyright holder, the person receiving permission may not permit third parties to exercise the same right.
Article 56: Those concluding exclusive licence contracts or transfer contracts with copyright holders, are permitted to register with the special registration organs established by the State Council administrative copyright department. Registered exclusive licence contracts and transfer contracts may be used to oppose third parties.
Fees shall be paid for contract registrations, fee collection standards shall be formulated by the State Council administrative copyright management department together with the State Council pricing management department.
Article 57: In case of pawning copyright, the pawning person and the pawnee conduct pawning registration with the State Council administrative copyright management department. Fees shall be paid for copyright pawning registration, fee collection standards shall be formulated by the State Council administrative copyright management department together with the State Council financial and pricing management departments.
Section II, Collective copyright management
Article 58: Collective copyright management organizations are non-profit social organizations exercising copyrights that are hard for to exercise or hard to control for the rights holder or related rights in a collective management manner, on the basis of authorization of copyright holders and related rights holders or legal provisions.
When collective copyright management organizations manage rights, they may advocate rights under their own name for copyright holders and related rights holders, and may act as a party in conducting copyright or related rights litigation or arbitration activities.
Article 59: Authorized use fee standards for collective copyright management organizations are published and implemented by the State Council administrative copyright management department, where there is objection, the State Council administrative copyright management department organizes a special committee to adjudicate, the adjudication is the final outcome, and during the adjudication period, fee standard implementation will not cease.
Article 60: Article 60: Where collective copyright management organizations obtain approval from the rights holder and are able to represent the rights and interests in a nationwide scope, they may represent the whole body of rights holder to exercise copyrights or related rights according to the following use methods, except where rights holders have indicated a prohibition of collective management in writing:
(1) radio stations and television stations broadcasting already published literary, musical, fine art or photographic works;
(2) self-service song-selection businesses disseminating already published musical or audiovisual works to the public through self-service song-selection systems.
When collective copyright management organizations transfer the corresponding use fees, they shall treat all rights holders equally.
Article 61: Where two or more collective copyright management organizations obtain use fees for the same use method or the same user, they shall consult and determine in advance that one collective copyright management organization collects them uniformly , except where the parties have agreed otherwise in contract.
Article 62: The State Council administrative copyright management department is in charge of nationwide collective copyright management work, and is responsible for the examination and approval, supervision and management of establishment, modification, cancellation as well as other registry matters of collective copyright management.
Other State Council controlling departments, within the scope of responsibilities of each, conducts supervision and management over collective copyright management organizations.
Article 63: Collective copyright management organizations’ establishment method, rights and duties, copyright permission fee collection and distribution, supervision and management, authorized use fee collection objection adjudication, and other matters are provided for separately by the State Council.
Chapter VI: Technological protection measures and rights management information.
Article 64: Technological protection measures as named in this Law, refers to effective technologies, devices or components that rights holders adopt in order to prevent or limit their works, performances, audio products or radio and television programmes being reproduced, scanned, enjoyed, operated or disseminated through information networks.
Digital management information as named in this Law, refers to information explaining the work and its creator, performance or its performers, audio product or producer, radio and television programmes and their radio and television stations, the information on rights holders of works, performances and audio products as well as radio and television programmes, information on use conditions, as well as digital information or code indicating the above information.
Article 65: In order to protect copyright and related rights, rights holders may adopt technological protection measures.
Without permission, no organization or individual may wilfully avoid or destroy technological protection measures, may wilfully produce, import or provide to the public installations or components mainly used to avoid or destroy technological protection measures, may wilfully provide technological services to other persons to avoid or destroy technological protection measures, except where laws or administrative regulations provide otherwise.
Article 66: Without permission of the right holder, the following activities may not be conducted:
(1) Wilful deletion or change of rights management information, except where it is impossible to avoid deleting or changing them because of technological reasons;
(2) Knowingly or where it should be known that the corresponding rights management information is deleted or altered without permission, still providing the said works, performances , audio products or radio and television programmes to the public.
Article 67: Under the following circumstances, technological protection measures may be avoided, but the technology, devices or components for avoiding technological protection measures may not be provided to other persons:
(1) providing works, performances, audio products or radio and television programmes to small numbers of teachers or researchers for classroom teaching or scientific research, and it is impossible to obtain the said work, performance, audio product or radio and television programme through regular channels;
(2) with no aim of profit, providing already published literary works to blind people in unique methods that blind persons can perceive, and it is impossible to obtain the said work through normal channels;
(3) State organs implementing their duties according to administrative or judicial procedure;
(4) testing the security of computers and their systems or networks.
Chapter VII: The protection of rights
Article 68: Those infringing copyright or related rights or violating duties concerning technological protection measures or the relevant rights management information as provided in this Law, shall bear civil responsibility to cease the infringement, cancel the influence, make a formal apology, compensate damage, etc.
Article 69: When network service providers provide storage, search, linking and other purely technological network services to network users, they do not bear a duty to examine for copyright or related rights information.
Where other persons utilize network services to conduct activities infringing copyright or related rights, the rights holder may notify the network service provider in writing, and require it to adopt necessary measures such as deletion, shielding, breaking links, etc. Where the network service provider adopts the necessary measures timely after receipt of the notification, it does not bear responsibility for compensation; where it does not timely adopt the necessary measures, it bears joint responsibility with the said infringers.
Where network service providers know or should know that other persons use their network services to infringe copyrights or related rights, and do not timely adopt the necessary measures, they bear joint liability with the said infringers.
Where network service providers instigate or assist other persons to infringe copyrights or related rights, they bear joint liability with the said infringers.
Concerning network service providers providing other persons’ works, performances or audio products to the public through information networks, the provisions of the first Paragraph of this Article do not apply.
Article 70: Where users use rights that are hard to exercise and hard to control for the rights holder, after paying remuneration according to the contract signed with the collective copyright management organization, and non-member rights holders raise lawsuits for the same right and the same use method, users shall cease use, and compensate damage according to the corresponding collective copyright management use fee standards.
The provisions of the previous Paragraph do not apply in the following circumstances:
(1) where users know that non-member rights holders have made a statement prohibiting exercise of rights using the collective management method, and still use their works;
(2) where non-member rights holders notify the user that he may not use their works, and the user still uses them;
(3) users, after ceasing use in implementation of non-member litigation and adjudication, use works again.
Article 71: Where computer programme reproduction holders do not know and also do should not know that the said programme is an infringing reproduction, they do not bear responsibility for compensation; but they shall cease the use and destroy the said infringing reproduction. If ceasing the use and destroying the said infringing reproduction creates major damage to the user of the reproduction, the user of the reproduction may continue the use after paying a reasonable use fee to the copyright holder of the computer programme.
Article 72: Where copyright or infringing rights are infringed, the infringer shall compensate the rights holder according to the real damage; where the real damage is hard to calculate, compensation may be granted on the basis of the unlawful income of the infringer. Where the real damage to the rights holder or the unlawful income of the infringer are hard to determine; a reasonable multiple will be calculated with reference to the common trading cost of the right. The compensation amount shall include the reasonable expenses incurred by the rights holder in order to cease the infringing activity.
Where the real damage to the rights holder, the unlawful income of the infringer and the common trading cost of the right are all hard to determine, the People’s Courts decide to impose a compensation of 1 million Yuan or less, on the basis of the circumstances of the infringing activity.
To those wilfully infringing copyright or related rights two times or more, the compensation amount will be calculated on the basis of two to three times the compensation values in the previous two Paragraphs.
Article 73: Where the following infringing activities destroy the Socialist market order at the same time, the administrative copyright management department may order cessation of the infringing activities, issue a warning, confiscate unlawful income, confiscate or destroy infringing reproductions, and may impose a fine; where circumstances are grave, the administrative copyright management department may order the confiscation of materials, tools, equipment, etc., mainly used in producing infringing reproductions; where it constitutes a crime, criminal responsibility is investigated according to the law:
(1) without permission of the copyright holder, reproducing, distributing, renting, exhibiting, performing, transmitting or disseminating their works to the public through information networks, except where this Law provides otherwise;
(2) without permission of the performer, transmitting or recording their performances, reproducing, distributing or renting audio products recording their performances, or disseminating their performances to the public through information networks;
(3) without permission of the audio producer, reproducing, distributing, renting or dissemination their audio products to the public through information networks, except where this Law provides otherwise;
(4) without permission of radio stations or television stations, relaying, recording or reproducing their radio or television programmes, except where this Law provides otherwise;
(5) those using works, performances, audio products or radio and television programmes over which other persons enjoy exclusive use rights;
(6) those using other persons’ works in violation of the provisions of Article 48 of this Law;
(7) those using copyrights or related rights that are hard to exercise or hard to control for the rights holder without permission, except under the circumstances provided in Paragraph 1 of Article 71 of this Law;
(8) producing or selling works passing off another person’s signature.
Article 74: Concerning the following unlawful activities, the administrative copyright management department may impose a warning, confiscate unlawful income, and confiscate devices or components mainly used in avoiding or destroying technological protection measures; where circumstances are grave, confiscate the corresponding materials, tools and equipment and may impose a fine; where it constitutes a crime, criminal responsibility is investigated according to the law:
(1) without permission, wilfully avoiding or destroying technological protection measures adopted by rights holder, except where laws or administrative regulations provide otherwise;
(2) without permission, wilfully producing, importing or providing devices or components mainly used in avoiding or destroying technological protection measures to other persons, or wilfully providing technological services to avoid or destroy technological measures to other persons;
(3) without permission, wilfully deleting or changing digital management information, except where this Law provides otherwise;
(4) without permission, and where it is known or should be known that rights management information are deleted or changed, still reproducing, distributing, publishing, performing, transmitting, or disseminating corresponding works, performances audio products and radio and television programmes to the public through information networks.
Article 75: When administrative copyright management departments conduct investigation and prosecution of suspected unlawful activities, they may inquire related parties, and investigate situations related to the suspected unlawful activities; conduct on-the-spot inspection of the location and objects of the parties’ suspected infringing and unlawful activities; consult and reproduce contracts, invoices, accounts as well as other materials related to the suspected infringing and unlawful activity; and may seal up or detain products suspected to infringe copyright or related rights.
When administrative copyright management departments implement their duties as provided in the above Paragraph, the parties shall grant support and cooperation, those refusing, obstructing or delaying the provision of materials of the above Paragraph without proper grounds, may be subject to warning by the administrative copyright management departments, where circumstances are grave, corresponding materials, tools and equipment are confiscated.
Article 76: Where the parties refuse to obey administrative punishment, they may apply for administrative redress with the related government organ within 60 days of the day of receiving the administrative punishment decision letter, or raise a lawsuit with the People’s Courts within three months of the day of receiving the administrative punishment decision letter, if no administrative redress is applied for or a lawsuit is raised, and the verdict is not carried out, the administrative copyright management department may apply for implementation with the People’s Court.
Article 77: Under the following circumstances, copyright and related rights users shall bear civil and administrative legal responsibility:
(1) where the publisher or producer of reproductions cannot prove that they have lawful authorization for publication or production;
(2) where network users cannot prove that they have lawful authorization for the works that they disseminate to the public through information networks;
(3) where renters cannot prove that they have lawful authorization for the original copies or reproductions of audiovisual products, computer programmes or audio products that they rent out;
(4) where distributors cannot prove that they have lawful authorization for the reproductions that they distribute.
Article 78: Where copyright holders or related rights holders have evidence to prove that other persons are carrying out or are about to carry out activities infringing there rights, that if not timely stopped may cause damage to their lawful rights and interests that is hard to remedy, they may apply with the People’s Court before suing to adopt measures to cease the relevant activities and preserve property.
When People’s Courts deal with applications under the above Paragraph, the provisions of Articles 93 to 96 and Article 99 of the “Civil Procedure Law of the People’s Republic of China” apply.
Article 79: In order to prevent infringing activities, and under conditions where evidence may be lost or hard to obtain in the future, copyright holders or related rights holders may apply with the People’s Courts before suing to preserve evidence .
After the People’s Courts receive applications, they must give a ruling within 48 hours; where it is ruled to adopt evidence preservation measures, their implementation shall begin immediately.
People’s Courts may order the applicant to provide a bond, where the applicant does not provide a bond, the application is rejected.
Where the applicant does not sue within 15 days of the People’s Court adopting evidence preservation measures, the People’s Court shall remove the preservation measures.
Article 80: People’s Courts hearing cases, they may confiscate the unlawful income, infringing reproductions as well as the property used to conduct the unlawful activities of those infringing copyright or related rights.
Article 81: Where parties do not implement their contractual duties or do not implement their contractual duties conform to the conditions agreed upon, they shall bear civil responsibility according to relevant laws and regulations such as the “General Principles of the Civil Law of the People’s Republic of China” and the “Contract Law of the People’s Republic of China”.
Article 82: Parties in copyright and related rights disputes may apply for arbitration with an administration organ according to the “Arbitration Law of the People’s Republic of China”, sue with the People’s Courts, and may also apply for administrative mediation.
Article 83: Administrative copyright management departments may establish copyright dispute mediation committees, to be responsible for mediating in copyright and related rights disputes. Mediation agreements have legal binding force, where one party does not perform the mediation agreement, the other party may apply with the People’s Courts for confirmation and coercive enforcement.
The composition, mediation procedures as well as other matters concerning copyright mediation committees, will be provided separately by State Council administrative copyright management departments.
Article 84: Copyright holders and related rights holders may apply with Customs to investigate and prosecutes works that are imported or exported and suspected of infringing their copyright or related rights. Concrete rules are provided separately by the State Council.
Chapter V: Supplementary Provisions
Article 85: Copyright as named in this law also refers to author’s rights.
Article 86: The provisions of this law relating to copyright also apply to the limits and exercise of corresponding rights.
Article 87: The rights of copyright holders and related rights holders as provided in this Law, where they have not already exceeded the term of protection provided in this Law at the day this Law took effect, are protected according to this Law.
Infringing activities or breaches of contract occurring before this Law took effect, are dealt with according to the relevant regulations and policies of the time the infringing act or breach of contract took place.
Article 88: This Law takes effect on 1 June 1991.
前款规定的权利的保护期为五十年，自广播电视节目首次播放后的次年1 月1 日起算。