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Laws of the People's Republic of China |
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| Category | INTELLECTUAL PROPERTY RIGHT | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1990-09-07 | Effective Date | 1991-06-01 |
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Copyright Law of the People's Republic of China(note (1)) |
|---|
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 Article 1 This Law is enacted, in accordance with the Constitution for Article 2 Works of Chinese citizens, legal persons or entities without Works of foreigners first published in the territory of the People's Any work of a foreigner published outside the territory of the People's Article 3 For the purpose of this Law, the term "works" includes works of (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 (7) maps, sketches and other graphic works; (8) computer software; (9) other works as provided for in law and administrative rules and Article 4 Works the publication or distribution of which is prohibited by Copyright owners, in exercising their copyright, shall not violate the Article 5 This law shall not be applicable to: (1) laws; regulations; resolutions, decisions and orders of state organs; (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 Article 7 Where any scientific or technological work is protected under Article 8 The copyright administration department under the State Council 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 Article 10 The term "copyright" shall include the following personal (1) the right of publication, that is, the right to decide whether to make (2) the right of authorship, that is, the right to claim authorship and to (3) the right of alternation, that is, the right to alter or authorize (4) the right of integrity, that is, the right to protect one's work (5) the right of exploitation and the right to remuneration, that is, the Section 2 Ownership of Copyright Article 11 Except where otherwise provided in this Law, the copyright in 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 The citizen, legal person or entity without legal personality whose name Article 12 Where a work is created by adaptation, translation, annotation Article 13 Where a work is created jointly by two or more co-authors, the If a work of joint authorship can be separated into independent parts and Article 14 The copyright in a work created by compilation shall be The authors of such works included in a compilation as can be exploited Article 15 The director, screenwriter, lyricist, composer, cameraman and The authors of screenplay, musical works and other works that are included Article 16 A work created by a citizen in the fulfilment of tasks The author of a work created in the course of employment in one of the (1) drawings of engineering designs and product designs and descriptions (2) works created in the course of employment where the copyright is, in Article 17 The ownership of copyright in a commissioned work shall be Article 18 The transfer of ownership of the original copy of a work of Article 19 Where the copyright in a work belongs to a citizen, the right Where the copyright in a work belongs to a legal person or entity without Section 3 Term of Protection of Rights Article 20 The term of protection of the rights of authorship, Article 21 The term of protection of the right of publication, the right The term of protection of the right of publication, the right of The term of protection of the right of publication, the right of Section 4 Limitations on Rights Article 22 In the following cases, a work may be used without permission (1) use of a published work of others for the user's own private study, (2) appropriate quotation from a published work of others in one's work (3) use of a published work in newspapers, periodicals, radio programmes, (4) reprinting by newspapers or periodicals, or rebroadcasting by radio (5) publication in newspapers or periodicals, or broadcasting by radio (6) translation or reproduction in a small quantity of copies, of a (7) use of a published work by a state organ for the purpose of performing (8) reproduction of a work in its collections by a library, an archives (9) free performance of a published work; (10) copying, drawing, photographing, or video recording of an artistic (11) translation of a published work from the language of the Han (12) transliteration of a published work into Braille and publication of The above limitations on rights shall be applicable also to the rights of Article 23 Anyone who exploits a work created by others shall, except 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 non-exclusive nature of the right to exploit the work (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 Article 26 The term of validity of a contract shall not exceed ten years. Article 27 The tariffs of remuneration for the exploitation of works Where otherwise agreed to in a contract, remuneration may be paid in Article 28 Publishers, performers, producers of sound recordings and Section 1 Publication of Books, Newspapers and Periodicals Article 29 A book publisher who publishes a book shall conclude a Article 30 A book publisher shall, during the term of the contract, have The exclusive right to publish a work enjoyed by the book publisher shall, Article 31 The copyright owner shall deliver the work to the publisher The book publisher shall bear the civil liability in accordance with the The book publisher shall notify, and pay remuneration to, the copyright Article 32 Where a copyright owner has submitted the manuscript of his After a work is published in a newspaper or a periodical, other newspaper Article 33 A book publisher may alter or abridge a work with the A newspaper publisher or periodical publisher may make editorial Article 34 When publishing a work created by adaptation, translation, Section 2 Performance Article 35 A performer (an individual performer or a performing troupe) A performer who for a commercial performance exploits a published work A performer who for a commercial performance exploits a work created by Where a performer performs a work created by others for the purpose of Article 36 A performer shall, in relation to his performance, enjoy the (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 Section 3 Sound Recording and Video Recording Article 37 A producer of sound recordings who, for the production of a A producer of video recordings who, for the production of a video A producer of sound recordings or video recordings who exploits a work Article 38 When producing a sound recording or video recording, the Article 39 A producer of sound recordings or video recordings shall have A producer of sound recordings or video recordings who is authorized to Section 4 Broadcasting by Radio Station or Television Station Article 40 A radio station or television station which exploits, for the A radio station or television station which exploits, for the production A radio station or television station which exploits, for the production Article 41 When producing a radio or television programme, the radio Article 42 A radio station or television station shall, in respect of a (1) to broadcast the programme; (2) to authorize others to broadcast the programme, and to receive (3) to authorize others to reproduce and distribute the radio or The term of protection of the rights specified in the preceding paragraph A producer of sound recordings or video recordings who is authorized to Article 43 A radio station or television station may broadcast, for Article 44 A television station which broadcasts a cinematographic, Article 45 Anyone who commits any of the following acts of infringement (1) publishing a work without the permission of the copyright owner; (2) publishing a work of joint authorship as a work created solely by (3) having one's name indicated on a work created by others, in order to (4) distorting or mutilating a work created by others; (5) exploiting a work by performance, broadcasting, exhibition, (6) exploiting a work created by others without paying remuneration as (7) broadcasting a live performance without the permission of the (8) committing other acts of infringement of copyright and of other rights Article 46 Anyone who commits any of the following acts of infringement (1) plagiarizing a work created by others; (2) reproducing and distributing a work, for commercial purposes, without (3) publishing a book where the exclusive right of publication belongs to (4) producing and publishing a sound recording or video recording of a (5) reproducing and distributing a sound recording or video recording (6) reproducing and distributing a radio programme or television programme (7) producing or selling a work of fine art where the signature of the Article 47 A party who fails to perform his contractual obligations, or Article 48 A dispute over copyright infringement may be settled by Article 49 A dispute over a copyright contract may be settled by The parties shall implement the arbitration award. If one of the parties If the people's court which has been requested to execute an arbitration Where no arbitration clause is stipulated in the contract and no written Article 50 Any party who is not satisfied with an administrative penalty Article 51 For the purpose of this Law, the term "zhuzuoquan" (author's Article 52 The term "reproduction" as used in this Law means the act of The term "reproduction" as used in this Law does not cover the Article 53 Measures for the protection of computer software shall be Article 54 The implementing regulations of this Law shall be drawn up by Article 55 The rights of copyright owners, publishers, performers, Any act of infringement or breach of contract committed prior to the entry Article 56 This Law shall enter into force as of June 1, 1991. (1) This English version is the preliminary English translation provided
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Chapter I General Provisions
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.
legal personality, whether published or not, shall enjoy copyright in
accordance with this law.
Republic of China shall enjoy copyright in accordance with this Law.
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.
literature, art, natural science, social science, engineering technology and
the like which are created in the following forms:
thereof;
regulations.
law shall not be protected by this law.
Constitution or laws or prejudice the public interests.
other documents of legislative, administrative and judicial nature; and their
official translations;
literature and art shall be established separately by the State Council.
the Patent Law, the Law on Technology Contracts or similar laws, the
provisions of those laws shall apply.
shall be responsible for the nationwide administration of copyright. The
copyright administration department under the people's governement 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
enjoying copyright in accordance with this Law.
rights and property rights:
a work available to the public;
have the author's name indicated on his works;
others to alter one's work;
against distortion and multilation;
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.
a work shall belong to its author.
and the responsibility of a legal person or entity without legal personality,
such legal person or entity without legal personality shall be deemed to be
the author of the work.
is indicated on a work shall, in the absence of proof to the contrary, be
deemed to be the author of the work.
or arrangement of a preexisting 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.
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.
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.
enjoyed by the compiler, provided that the exercise of such copyright shall
not prejudice the copyright in the preexisting works included in the
compilation.
separately shall be entitled to exercise their copyright in their works
independently.
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.
in a cinematographic, television or video-graphic work and can be exploited
separately shall be entitled to exercise their copyright independently.
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 in the same way as the legal person or entity without legal
personality does.
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:
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;
accordance with laws, administrative rules and regulations or contracts
concerned, enjoyed by the legal person or entity without legal personality.
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.
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.
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.
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.
alteration, and integrity of an author shall be unlimited.
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.
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.
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.
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:
research or self entertainment;
for the purposes of introduction to, or comment on, a work, or demonstration
of a point;
television programmes or newsreels for the purpose of reporting current
affairs;
stations or television stations, of editorials or commentator's articles
published by other newspapers, periodicals, radio stations or television
stations;
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;
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;
its official duties;
certre, 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;
work located or on display in an outdoor public place;
nationality into minority nationality languages for publication and
distribution in the country;
the work so transliterated.
publishers, performers, producers of sound recordings and video recordings,
radio stations and television stations.
Chapter III Copyright Licensing Contracts
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.
covered by the license;
to the contract shall not exercise the right which the copyright owner has not
explicitly licensed in the contract.
The contract may be renewed on expiration of that term.
shall be established by the copyright administration department under the
State Council jointly with other departments concerned.
accordance with the terms of the said contract.
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 Recording and
Broadcasting
publishing contract with, and pay remuneration to, the copyright owner.
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.
during the term specified in the contract, be protected by law, and the work
may not be published by others.
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 speclfied in the contract.
provisions of Article 47 of this Law if he fails to publish the work within
the time limit specified in the contract.
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.
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.
or periodical publisher may, except where the copyright owner has declared
that reprinting or excerpting is not perimitted, 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.
permission of the copyright owner.
modifications and abridgements in a work, but shall not make any modifications
in the content of the work unless permission has been obtained from the author.
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 orginal work.
who for a performance exploits an unpublished work created by others shall
obtain permission from, and pay remuneration to, the copyright owner.
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.
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.
producing a sound recording, video recording, radio programme or television
programme, the provisions of Articles 37 and 40 of this Law shall apply.
right
commercial purposes, and to receive remuneration therefor.
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.
recording, exploits a work created by others shall obtain permission from, and
pay remuneration to, the copyright owner.
created by adaptation, translahon, 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.
producer shall conclude a contract with, and pay remuneration to, the
performer.
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.
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.
production of a radio or television programme, an unpublished work created by
others, shall obtain permission from, and pay remuneration to, the copyright
owner.
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.
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.
station or television station shall conclude a contract with, and pay
remuneration to, the performer.
programme produced by it, enjoy the right
remuneration therefor; and
television programme, and to receive remuneration therefor.
shall be fifty years, expiring on December 31 of the fiftieth year after the
first broadcasting of the programme.
reproduce and distribute a radio or television programme shall also pay
remuneration to the copyright owner and the performer as prescribed by
regulations.
non-commercial purposes, a published sound recording without seeking
permission from, or paying remuneration to, the copyright owner, performer and
producer of the sound recording.
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
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:
oneself without the permission of the other co-authors;
seek personal fame and gain, where one has not participated in the creation of
the work;
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;
prescribed by regulations;
performer; or
and interests related to copyright.
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:
the permission of the copyright owner;
another publisher;
performance without the permission of the performer;
produced by others without the permission of its producer;
without the permission of the radio station or television station which has
produced that programme; or
author is forged.
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.
mediation. If mediation is unsuccessful, or if one of the parties retracts
from his promise after a mediation agreement reached, proceedings may be
instituted in a people's court. Proceedings may also be instituted directly in
a people's court if the parties do not wish to settle the dispute by mediation.
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.
fails to implement the award, the other party may apply to a people's court
for execution.
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.
arbitration agreement is concluded after the contract has been signed, any
party may institute proceedings directly in a people's court.
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
rights) is synonymous with the term "banquan" (copyright).
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.
construction or manufacture of industrial products on the basis of drawings of
engineering designs and product designs, and descriptions thereof.
established separately by the State Council.
the copyright administration department under the State Council and shall
enter into force after approval by the State Council.
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.
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.
Note:
by the Legislative Affairs Commission of the Standing Committee of the
National People's Congress of the People's Republic of China. It shall be
republished after being further revised and finalized by the Legislative
Affairs Commission of the Standing Committee of the National People's Congress
of the People's Republic of China. - The Editor
URL: http://www.asianlii.org/cn/legis/cen/laws/cl145