Laws of the People's Republic of China

Whole Doc.

   Article 1

These Regulations are formulated in order to implement international

copyright treaties and to protect the lawful rights and interests of owners of copyrights in foreign works.

   Article 2

The protection of foreign works shall be governed by the PRC

Copyright Law (the Copyright Law), the PRC Copyright Law Implementing Rules, the Computer Software Protection Regulations and these Regulations.

   Article 3

The term "international copyright treaties" as used in these

Regulations shall refer to the Berne Convention for the Protection of

Literary and Artistic Works (the Berne Convention) acceded to by the PRC

and bilateral copyright agreements entered into with foreign countries.

   Article 4

The term "foreign works" as used these Regulations shall include the

following:

(1) works, of which the author or one of the authors, or the owners

or one of the owners of the copyright, is a national of a country that is

a member of an international copyright treaty or a resident of such member

country with habitual residence in such member country;

(2) works that are not authored by a national of a country that is a

member of an international copyright treaty or by a resident of such

member country with habitual residence in such member country, but that

are first or simultaneously published in such member country; and

(3) works, the creation of which was commissioned to another party by

a Sino-foreig n equity joint venture, a Sino-foreign cooperative joint

venture or a wholly foreign owned enterprise, and for which a contract

provides that such joint venture or enterprise is the owner or one of the

owners of the copyright.

   Article 5

Articles 20 and 21 of the Copyright Law shall apply to the term of

protection of unpublished foreign works.

   Article 6

The term of protection of foreign works of applied art shall be 25

years from the completion of such works.

The preceding paragraph shall not apply to works of fine art

(including designs of animated cartoon imaged) used on industrial

products.

   Article 7

Foreign computer programs shall be protected as literary works and

shall not require registration. The term of protection shall be 50 years

from the end of the year of first publication of such a program.

   Article 8

Foreign works that are a compilation of unprotected material but that

are original in terms of the selection or arrangement of the material

shall be protected under Article 14 of the Copyright Law. Such protection

shall not exclude others from using the same material for a compilation.

   Article 9

Foreign video recordings that under international copyright treaties

constitute cinematographic works shall be protected as cinematographic

works.

   Article 10

Where a foreigner has created and published a work in the language of

the Han nationality, the publication and distribution of a translation of

such work into the language of a minority nationality shall be subject to

prior authorization of the copyright owner.

   Article 11

Owners of copyright in foreign works may authorize others publicly to

perform their works, or to communicate to the public the performance of

their works, by any means or process.

   Article 12

Owners of copyright in foreign cinematographic, television and video

recording works may authorize others to publicly p erform their works.

   Article 13

Reproduction by the press of foreign works shall be subject to prior

authorization of the copyright owners, except in the case of reproduction

of articles on current social topics such as political and economic

issues.

   Article 14

After owners of copyright in foreign works have authorized other

persons to distribute copies of their works, they may authorize or

prohibit the rental of copies of their works.

   Article 15

The owner of the copyright in a foreign work shall have the right to

prohibit import of the following reproductions of his work:

(1) infringing copies; and

(2) reproductions coming from a country where the work is not

protected.

   Article 16

The performance, recording or broadcasting of foreign works shall be

governed by the Berne Convention. Where collective administration

organizations exist, prior authorization shall be obtained from such

organizations.

   Article 17

Foreign works that have not yet fallen into the public domain in the

country of origin on the date of the international copyright treaty coming

into force in China, shall be protected until the expiry of the term of

protection provided for in the Copyright Law and these Regulations.

The provisions of the preceding paragraph shall not apply to the use

of foreign works prior to the date of the international copyright treaty

coming into force in China.

Chinese citizens or legal persons that owned and used particular

reproductions of foreign works for particular purposes prior to the

international copyright treaty coming into force in China, may continue to

use the reproductions of such works without liability, provided that such

reproductions are neither reproduced nor used in any way that would

unreasonably prejudice the legitimate rights and interests of the owners

of copyright in the works.

The provisions of the preceding 3 paragraphs shall be implemented in

accordance with the relevant bilateral copyright agreements between China

and the relevant countries.

   Article 18

Articles 5, 12, 14, 15 and 17 of these Regulations shall apply to

products of sound recordings.

   Article 19

In the event of any discrepancies between these Regulations and

administrative laws and regulations concerning copyright that were

promulgated prior to the implementation of these Regulations, these

Regulations shall prevail. In the event of any discrepancies between these

Regulations and international copyright treaties, the international

copyright treaties shall prevail.

   Article 20

The State Copyright Administration shall be responsible for the

implementation of international copyright treaties in China.

   Article 21

The State Copyright Administration shall be responsible for the

interpretation of these Regulations.

   Article 22

These Regulations shall be implemented as of September 30, 1992.