Contents
Chapter I General Provisions
Chapter II Copyright
Section 1 Copyright Owners and Their Rights
Section 2 Ownership of Copyright
Section 3 Term of Protection of Rights
Section 4 Limitations on Rights
Chapter III Copyright Licensing Contracts
Chapter IV Publication, Performance, Sound Recording, Video Recording
and Broadcasting
Section 1 Publication of Books, Newspapers and Periodicals
Section 2 Performance
Section 3 Sound Recording and Video Recording
Section 4 Broadcasting by Radio Station or Television
Station
Chapter V Legal Liability
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1
This Law is enacted, in accordance with the Constitution for the purposes
of protecting the copyright of authors in their literary, artistic and
scientific works and rights and interests related to copyright, of
encouraging the creation and dissemination of works which would contribute
to the building of an advanced socialist culture and ideology and to
socialist material development, and of promoting the development and
flourishing of socialist culture and sciences.
Article 2
Works of Chinese citizens, legal persons or entities without legal
personality, whether published or not, shall enjoy copyright in accordance
with this Law. Works of foreigners first published in the territory of
the People's Republic of
this Law.
Any work of a foreigner published outside the territory of the People's
Republic of China which is eligible to enjoy copyright under an agreement
concluded between the country to which the foreigner belongs and China, or
under an international treaty to which both countries are parties, shall
be protected in accordance with this Law.
Article 3
For the purpose of this Law, the term "works" includes works of
literature, art, natural science, social science, engineering technology
and the like which are created in the following forms:
(1) written works;
(2) oral works;
(3) musical, dramatic, quyi and choreographic works;
(4) Works of fine art and photographic works;
(5) cinematographic, television and video-graphic works;
(6) drawings of engineering designs and product designs, and descriptions
thereof;
(7) maps, sketches and other graphic works;
(8) computer software;
(9) other works as provided for in law and administrative rules and
regulations.
Article 4
Works the publication or distribution of which is prohibited by law shall
not be protected by this law.
Copyright owners, in exercising their copyright, shall not violate the
Constitution or laws or prejudice the public interests.
Article 5
This law shall not be applicable to:
(1) laws; regulations; resolutions, decisions and orders of state organs;
other documents of legislative, administrative and judicial nature; and
their official translations;
(2) news on current affairs; and
(3) calendars, numerical tables, forms of general use and formulas.
Article 6
Measures for the protection of copyright in works of folk literature and
art shall be established separately by the State Council.
Article 7
Where any scientific or technological work is protected under the Patent
Law, the Law on Technology Contracts or similar laws, the provisions of
those laws shall apply.
Article 8
The copyright administration department under the State Council shall be
responsible for the nationwide administration of copyright. The copyright
administration department under the people's government of each province,
autonomous region and municipality directly under the Central Government
shall be responsible for the administration of copyright in its respective
administrative area.
Chapter II Copyright
Section 1 Copyright Owners and Their Rights
Article 9
The term "copyright owners" shall include:
(1) authors; and
(2) other citizens, legal persons and entities without legal personality
enjoying copyright in accordance with this Law.
Article 10
The term "copyright" shall include the following personal rights and
property rights:
(1) the right of publication, that is, the right to decide whether to make
a work available to the public;
(2) the right of authorship, that is, the right to claim authorship and to
have the author's name indicated on his works;
(3) the right of alternation, that is, the right to alter or authorize
others to alter one's work;
(4) the right of integrity, that is, the right to protect one's work
against distortion and mutilation;
(5) the right of exploitation and the right to remuneration, that is, the
right of exploiting one's work by means of reproduction, performance,
broadcasting, exhibition distribution, making cinematographic, television
or video production, adaptation, translation, annotation, compilation and
the like, and the right of authorizing others to exploit one's work by the
above-mentioned means, and of receiving remuneration therefor.
Section 2 Ownership of Copyright
Article 11
Except where otherwise provided in this Law, the copyright in a work shall
belong to its author.
The author of a work is the citizen who has created the work.
Where a work is created according to the will and under the sponsorship
and the responsibility of a legal or entity without legal personality,
such legal person or entity without legal personality shall be deemed to
be the author of the work. The citizen, legal person or entity without
legal personality whose name is indicated on a work shall, in the absence
of proof to the contrary, be deemed to be the author of the work
Article 12
Where a work is created by adaptation, translation, annotation or
arrangement of a pre-existing work, the copyright in the work thus created
shall be enjoyed by the adaptor, translator or arranger, provided that the
exercise of such copyright shall not prejudice the copyright in the
original work.
Article 13
Where a work is created jointly by two or more co-authors, the copyright
in the work shall be enjoyed jointly by those co-authors. Any person who
has not participated in the creation of the work may not claim the co-
authorship.
If a work of joint authorship can be separated into independent parts and
exploited separately, each co-author may be entitled to independent
copyright in the parts that he has created, provided that the exercise of
such copyright shall not prejudice the copyright in the joint work as a
whole.
Article 14
The copyright in a work created by compilation shall be enjoyed by the
compiler, provided that the exercise of such copyright shall not prejudice
the copyright in the preexisting works included in the compilation.
The authors of such works included in a compilation as can be exploited
separately shall be entitled to exercise their copyright in their works
independently.
Article 15
The director, screenwriter, lyricist, composer, cameraman and other
authors of a cinematographic, television or video-graphic work shall enjoy
the right of authorship in the work, while the other rights included in
the copyright shall be enjoyed by the producer of the work.
The authors of screenplay, musical works and other works that are included
in a cinematographic, television or video-graphic work and can be
exploited separately shall be entitled to exercise their copyright
independently.
Article 16
A work created by a citizen in the fulfillment of tasks assigned to him by
a legal person or entity without legal personality shall be deemed to be a
work created in the course of employment. The copyright in such a work
shall, subject to the provisions of the second paragraph of this Article,
be enjoyed by the author, provided that the legal person or entity without
legal personality shall have a right of priority to exploit the work
within the scope of its professional activities. During the two years
after the completion of the work, the author may not, without the consent
of the legal person or entity without legal personality, authorize a third
party to exploit the work int the same way as the legal person or entity
without legal personality does. The author of a work created in the
course of employment in one of the following circumstances shall enjoy the
right of authorship, while the legal person or entity without legal
personality shall enjoy the other rights included in the copyright and may
reward the author:
(1) drawings of engineering designs and product designs and descriptions
thereof; computer software; maps and other works created in the course of
employment mainly with the material and technical resources of the legal
person or entity without legal personality and under its responsibility;
(2) works created in the course of employment where the copyright is, in
accordance with laws, administrative rules and regulations or contracts
concerned, enjoyed by the legal person or entity without legal
personality.
Article 17
The ownership of copyright in a commissioned work shall be agreed upon in
a contract between the commissioning and the commissioned parties. In the
absence of a contract or of an explicit agreement in the contract, the
copyright in such a work shall belong to the commissioned party.
Article 18
The transfer of ownership of the original copy of a work of fine art, or
other works, shall not be deemed to include the transfer of the copyright
in such work, provided that the right to exhibit the original copy of a
work of fine art shall be enjoyed by the owner of such original copy.
Article 19
Where the copyright in a work belongs to a citizen, the right of
exploitation and the right to remuneration in respect of the work shall,
after his death, during the term of protection provided for in this Law,
be transferred in accordance with the provisions of the Law of Succession.
Where the copyright in a work belongs to a legal person or entity without
legal personality, the right of exploitation and the right to remuneration
shall, after the change or the termination of the legal person or entity
without legal personality, during the term of protection provided for in
this Law, be enjoyed by the succeeding legal person or entity without
legal personality which has taken over the former's rights and
obligations, or, in the absence of such a successor entity, by the state.
Section 3 Term of Protection of Rights
Article 20
The term of protection of the rights of authorship, alteration, and
integrity of an author shall be unlimited.
Article 21
The term of protection of the right of publication, the right of
exploitation and the right to remuneration in respect of a work of a
citizen shall be the life time of the author and fifty years after his
death, expiring on December 31 of the fiftieth year after his death. In
the case of a work of joint authorship, such term shall expire on December
31 of the fiftieth year after the death of the last surviving author. The
term of protection of the right of publication, the right of exploitation
and the right to remuneration in respect of a work where the copyright
belongs to a legal person or entity without legal personality, or in
respect of a work created in the course of employment where the legal
person or entity without legal personality enjoys the copyright (except
the right of authorship), shall be fifty years, expiring on December 31 of
the fiftieth year after the first publication of such work, provided that
any such work that has not been published within fifty years after the
completion of its creation shall no longer be protected under this Law.
The term of protection of the right of publication, the right of
exploitation and the right to remuneration in respect of a
cinematographic, television, video-graphic or photographic work shall be
fifty years, expiring on December 31 of the fiftieth year after the first
publication of such work, provided that any such work that has not been
published within fifty years after the completion of its creation shall no
longer be protected under this Law.
Section 4 Limitations on Rights
Article 22
In the following cases, a work may be used without permission from, and
without payment of remuneration to, the copyright owner, provided that the
name of the author and the title of the work shall be indicated and the
other rights enjoyed by the copyright owner by virtue of this Law shall
not be prejudiced:
(1) use of a published work of others for the user's own private study,
research or self entertainment;
(2) appropriate quotation from a published work of others in one's work
for the purposes of introduction to, or comment on, a work, or
demonstration of a point;
(3) use of a published work in newspapers, periodicals, radio programmes,
television programmes or newsreels for the purpose of reporting current
affairs;
(4) reprinting by newspapers or periodicals, or rebroadcasting by radio
stations or television stations, of editorials or commentator's articles
published by other newspapers, periodicals, radio stations or television
stations;
(5) publication in newspapers or periodicals, or broadcasting by radio
stations or television stations, of a speech delivered at a public
gathering, except where the author has declared that the publication or
broadcasting is not permitted;
(6) translation or reproduction in a small quantity of copies, of a
published work for use by teachers or scientific researchers, in classroom
teaching or scientific research, provided that the translation or
reproduction shall not be published or distributed;
(7) use of a published work by a state organ for the purpose of performing
its official duties;
(8) reproduction of a work in its collections by a library, an archives
center, a memorial hall, a museum, an art gallery or a similar
institution, for the purposes of display, or preservation of a copy, of
the work;
(9) free performance of a published work;
(10) copying, drawing, photographing, or video recording of an artistic
work located or on display in an outdoor public place;
(11) translation of a published work from the language of the Han
nationality into minority nationality languages for publication and
distribution in the country;
(12) transliteration of a published work into Braille and publication of
the work so transliterated.
The above limitations on rights shall be applicable also to the rights of
publishers, performers, producers of sound recordings and video
recordings, radio stations and television stations.
Chapter III Copyright Licensing Contracts
Article 23
Anyone who exploits a work created by others shall, except where no
permission is required in accordance with the provisions of this Law,
conclude a contract with, or otherwise obtain permission from, the
copyright owner.
Article 24
A contract shall include the following basic clauses:
(1) the manner of exploitation of the work covered by the license;
(2) the exclusive or nonexclusive nature of the right to exploit the work
covered by the license;
(3) the scope and term of the license;
(4) the amount of remuneration and the method of its payment;
(5) the liability for breach of contract; and
(6) any other matter which the contracting parties consider necessary.
Article 25
Without permission from the copyright owner, the other party to the
contract shall not exercise the right which the copyright owner has not
explicitly licensed in the contract.
Article 26
The term of validity of a contract shall not exceed ten years. The
contract may be renewed on expiration of that term.
Article 27
The tariffs of remuneration for the exploitation of works shall be
established by the copyright administration department under the State
Council jointly with other departments concerned.
Where otherwise agreed to in a contract, remuneration may be paid in
accordance with the terms of the said contract.
Article 28
Publishers, performers, producers of sound recordings and video
recordings, radio stations, television stations and other entities who or
which have, pursuant to this Law, obtained the right of exploitation
included in the copyright of others, shall not prejudice such authors'
rights of authorship, alteration, integrity and their right to
remuneration.
Chapter IV Publication, Performance, Sound Recording, Video Recor- ding and Broadcasting
Section 1 Publication of Books, Newspapers and Periodicals
Article 29
A book publisher who publishes a book shall conclude a publishing contract
with, and pay remuneration to, the copyright owner.
Article 30
A book publisher shall, during the term of the contract, have an exclusive
right to publish the work delivered to him for publication by the
copyright owner. The term of the exclusive right to publish the work,
enjoyed by the book publisher as specified in the contract, shall not
exceed ten years. The contract may be renewed on expiration of that term.
The exclusive right to publish a work enjoyed by the book publisher shall,
during the term specified in the contract, be protected by law, and the
work may not be published by others.
Article 31
The copyright owner shall deliver the work to the publisher within the
time limit specified in the contract. The book publisher shall publish the
work according to the quality requirements and within the time limit
specified in the contract. The book publisher shall bear the civil
liability in accordance with the provisions of Article 47 of this Law if
he fails to publish the work within the time limit specified in the
contract.
The book publisher shall notify, and pay remuneration to, the copyright
owner when the work is to be reprinted or republished. If the book
publisher refuses to reprint or republish the work when the stocks of the
book are exhausted, the copyright owner shall have the right to terminate
the contract.
Article 32
Where a copyright owner has submitted the manuscript of his work to a
newspaper or a periodical publisher for publication and has not received
any notification of the said publisher's decision to publish the work,
within fifteen days from the newspaper publisher or within thirty days
from the periodical publisher from the date of submission of the
manuscript, the copyright owner may submit the manuscript of the same work
to another newspaper or periodical publisher for publication unless the
two parties have agreed otherwise.
After a work is published in a newspaper or a periodical, other newspaper
or periodical publisher may, except where the copyright owner has declared
that reprinting or excerpting is not permitted, reprint the work or print
an abstract of it or print it as reference material, but such other
publishers shall pay remuneration to the copyright owner as prescribed in
regulations.
Article 33
A book publisher may alter or abridge a work with the permission of the
copyright owner. A newspaper publisher or periodical publisher may make
editorial modifications and abridgments in a work, but shall not make any
modifications in the content of the work unless permission has been
obtained from the author.
Article 34
When publishing a work created by adaptation, translation, annotation,
arrangement or compilation of a pre-existing work, the publisher shall pay
remuneration both to the owner of the copyright in the work created by
adaptation, translation, annotation, arrangement or compilation, and to
the owner of the copyright in the original work.
Section 2 Performance
Article 35
A performer (an individual performer or a performing troupe) who for a
performance exploits an unpublished work created by others shall obtain
permission from, and pay remuneration to, the copyright owner.
A performer who for a commercial performance exploits a published work
created by others does not need permission from, but shall, as prescribed
by regulations, pay remuneration to the copyright owner; such work shall
not be exploited where the copyright owner has declared that such
exploitation is not permitted.
A performer who for a commercial performance exploits a work created by
adaptation, translation, annotation or arrangement of a pre-existing work
shall pay remuneration both to the owner of the copyright in the work
created by adaptation, translation, annotation or arrangement and to the
owner of the copyright in the original work. Where a performer performs a
work created by others for the purpose of producing a sound recording,
video recording, radio programme or television programme, the provisions
of Article 37 and 40 of this Law shall apply.
Article 36
A performer shall, in relation to his performance, enjoy the right:
(1) to claim performership;
(2) to protect the image inherent in his performance from distortion;
(3) to authorize others to make live broadcasts; and
(4) to authorize others to make sound recordings and video recordings for
commercial purposes, and to receive remuneration therefor.
Section 3 Sound Recording and Video Recording
Article 37
A producer of sound recordings who, for the production of a sound
recording, exploits an unpublished work created by others shall obtain
permission from, and pay remuneration to, the copyright owner. A producer
of sound recordings who, for the production of a sound recording, exploits
a published work created by others, does not need permission from, but
shall, as prescribed by regulations, pay remuneration to, the copyright
owner; such work shall not be exploited where the copyright owner has
declared that such exploitation is not permitted.
A producer of video recordings who, for the production of a video
recording, exploits a work created by others shall obtain permission from,
and pay remuneration to, the copyright owner.
A producer of sound recordings or video recordings who exploits a work
created by adaptation, translation, annotation or arrangement of a pre-
existing work shall pay remuneration both to the owner of the copyright in
the work created by adaptation, translation, annotation or arrangement,
and to the owner of the copyright in the original work.
Article 38
When producing a sound recording or video recording, the producer shall
conclude a contract with, and pay remuneration to, the performer.
Article 39
A producer of sound recordings or video recordings shall have the right to
authorize others to reproduce and distribute his sound recordings or video
recordings and the right to receive remuneration therefor. The term of
protection of such rights shall be fifty years, expiring on December 31 of
the fiftieth year after the first publication of the recordings. A
producer of sound recordings or video recordings who is authorized to
reproduce and distribute a sound recording or video recording created by
others shall also pay remuneration to the copyright owner and to the
performer as prescribed by regulations.
Section 4 Broadcasting by Radio Station or Television Station
Article 40
A radio station or television station which exploits, for the production
of a radio or television programme, an unpublished work created by others,
shall obtain permission from, and pay remuneration to, the copyright
owner.
A radio station or television station which exploits, for the production
of a radio or television programme, a published work created by others
does not need permission from the copyright owner, but such a work shall
not be exploited where the copyright owner has declared that such
exploitation is not permitted. In addition, remuneration shall be paid as
prescribed by regulations unless this Law provides that no remuneration
needs to be paid.
A radio station or television station which exploits, for the production
of a radio or television programme, a work created by adaptation,
translation, annotation, or arrangement of a pre-existing work, shall pay
remuneration both to the owner of the copyright in the work created by
adaptation, translation, annotation or arrangement and to the owner of the
copyright in the original work.
Article 41
When producing a radio or television programme, the radio station or
television station shall conclude a contract with, and pay remuneration
to, the performer.
Article 42
A radio station or television station shall, in respect of a programme
produced by it, enjoy the right:
(1) to broadcast the programme;
(2) to authorize others to broadcast the programme, and to receive
remuneration therefor; and
(3) to authorize others to reproduce and distribute the radio or
television programme, and to receive remuneration therefor.
The term of protection of the rights specified in the preceding paragraph
shall be fifty years, expiring on December 31 of the fiftieth year after
the first broadcasting of the programme.
A producer of sound recordings or video recordings who is authorized to
reproduce and distribute a radio or television programme shall also pay
remuneration to the copyright owner and the performer as prescribed by
regulations.
Article 43
A radio station or television station may broadcast, for noncommercial
purposes, a published sound recording without seeking permission from, or
paying remuneration to, the copyright owner, performer and producer of the
sound recording.
Article 44
A television station which broadcasts a cinematographic, television or
video-graphic work produced by others shall obtain permission from, and
pay remuneration to, the producer of the cinematographic, television or
video-graphic work.
Chapter V Legal Liability
Article 45
Anyone who commits any of the following acts of infringement shall bear
civil liability for such remedies as ceasing the infringing act,
eliminating its ill effects, making a public apology or paying
compensation or damages, etc., depending on the circumstances:
(1) publishing a work without the permission of the copyright owner;
(2) publishing a work of joint authorship as a work created solely by
oneself without the permission of the other co-authors;
(3) having one's name indicated on a work created by others, in order to
seek personal fame and gain, where one has not participated in the
creation of the work;
(4) distorting or mutilating a work created by others;
(5) exploiting a work by performance, broadcasting, exhibition,
distribution, making cinematographic, television or video productions,
adaptation, translation, annotation, and compilation, or by other means,
without the permission of the copyright owner, unless otherwise provided
in this Law;
(6) exploiting a work created by others without paying remuneration as
prescribed by regulations;
(7) broadcasting a live performance without the permission of the
performer; or (8) committing other acts of infringement of copyright and
of other rights and interests related to copyright.
Article 46
Anyone who commits any of the following acts of infringement shall bear
civil liability for such remedies as ceasing the infringing act,
eliminating its ill effects, making a public apology or paying
compensation for damages, etc., depending on the circumstances, and may,
in addition, be subjected by the copyright administration department to
such administrative penalties as confiscation of unlawful income from the
act, or imposition of a fine:
(1) plagiarizing a work created by others;
(2) reproducing and distributing a work, for commercial purposes, without
the permission of the copyright owner;
(3) publishing a book where the exclusive right of publication belongs to
another publisher;
(4) producing and publishing a sound recording or video recording of a
performance without the permission of the performer;
(5) reproducing and distributing a sound recording or video recording
produced by others without the permission of its producer;
(6) reproducing and distributing a radio programme or television programme
without the permission of the radio station or television station which
has produced that programme; or
(7) producing or selling a work of fine art where the signature of the
author is forged.
Article 47
A party who fails to perform his contractual obligations, or performs them
in a manner which is not in conformity with the agreed terms shall bear
civil liability in accordance with the relevant provisions of the General
Principles of the Civil Law.
Article 48
A dispute over copyright infringement may be settled by mediation. If
mediation is unsuccessful, or if one of the parties retracts from his
promise after a mediation agreement is reached, proceedings may be
instituted in a people's court. Proceedings may also instituted directly
in a people's court if the parties do not wish to settle the dispute by
mediation.
Article 49
A dispute over a copyright contract may be settled by mediation. It may
also, in accordance with the arbitration clause of contract, or a written
arbitration agreement concluded after the contract has been signed, be
submitted to a copyright arbitration body for arbitration.
The parties shall implement the arbitration award. If one of the parties
fails to implement the award, the other party may apply to a people's
court for execution. If the people's court which has been requested to
execute an arbitration award finds that the arbitration award is contrary
to law, it shall have the right to refuse the execution.
Where the people's court refuses to execute an arbitration award, the
parties may institute proceedings in a people's court for contractual
dispute.
Where no arbitration clause is stipulated in the contract and no written
arbitration agreement is concluded after the contract has been signed, any
party may institute proceedings directly in a people's court.
Article 50
Any party who is not satisfied with an administrative penalty may
institute proceedings in a people's court within three months from receipt
of the written decision of the administrative penalty. If the party
neither institutes proceedings nor executes the decision within the time
limit, the copyright administration department may apply to a people's
court for execution.
Chapter VI Supplementary Provisions
Article 51
For the purpose of this Law, the term "zhuzuoquan" (author's rights) is
synonymous with the term "banquan" (copyright).
Article 52
The term "reproduction" as used in this Law means the act of producing one
or more copies of a work by printing, photocopying, copying,
lithographing, making a sound recording or video recording, duplicating a
recording, or duplicating a photographic work or by other means.
The term "reproduction" as used in this Law does not cover the
construction or manufacture of industrial products on the basis of
drawings of engineering designs and product designs, and descriptions
thereof.
Article 53
Measures for the protection of computer software shall be established
separately by the State Council.
Article 54
The implementing regulations of this Law shall be drawn up by the
copyright administration department under the State Council and shall
enter into force after approval by the State Council.
Article 55
The rights of copyright owners, publishers, performers, producers of sound
recordings and video recordings, radio stations and television stations as
provided for in this Law shall, if their term of protection as specified
in this Law has not yet expired on the date of entry into force of this
Law, be protected in accordance with this Law. Any act of infringement or
breach of contract committed prior to the entry into force of this Law
shall be dealt with in accordance with the relevant regulations or
policies in force at the time when such act was committed.
Article 56
This Law shall enter into force as of June 1, 1991.