Attachment: Copyright Law of People's Republic of China (PRC)
Copyright law of the people's Republic of China
(Adopted at the 15th meeting of the Standing Committee of the Seventh NPC on September 7, 2000, promulgated by Decree No.31of the President of the People's Republic of China on September 7, 2000, and effective as of June 7, 2000).
Chapter I General Principles
Article 1 This Law is formulated in accordance with the Constitution for the purpose of protecting the copyright of authors of literary, artistic and scientific works and their rights and interests related to copyright, encouraging the creation and dissemination of works beneficial to the construction of socialist spiritual civilization and material civilization, and promoting the development and prosperity of socialist culture and science.
Article 2 Works of China citizens, legal persons or unincorporated entities, whether published or not, shall enjoy copyright in accordance with this Law.
Foreign works first published in China shall enjoy copyright in accordance with this Law.
The copyright of works published by foreigners in China shall be protected by this law according to the agreement signed between the country to which they belong and China or the international treaties to which * * * is a party.
Article 3 Works mentioned in this Law include works of literature, art, natural science, social science and engineering technology. Created in the following form:
(1) Written works;
(2) Oral works;
(3) Music, drama, folk art and dance works;
(4) Works of fine arts and photography;
(5) Movies, television and video works;
(six) engineering design, product design drawings and descriptions;
(seven) maps, schematic diagrams and other graphic works;
(8) Computer software;
(9) Other works as prescribed by laws and administrative regulations.
Article 4 Works whose publication and dissemination are prohibited according to law shall not be protected by this Law.
The exercise of copyright by copyright owners shall not violate the Constitution and laws, and shall not harm the public interests.
Article 5 This Law does not apply to:
(1) Laws, regulations, resolutions, decisions and orders of state organs and other documents of a legislative, administrative and judicial nature and their official translations;
(2) current affairs news;
(3) Calendar, digital table, general table and formula.
Article 6 Measures for copyright protection of folk literary and artistic works shall be formulated separately by the State Council.
Article 7 Where scientific and technological works should be protected by the Patent Law and the Technology Contract Law, the provisions of the Patent Law and the Technology Contract Law shall apply.
Eighth the State Council copyright administrative departments in charge of the national copyright management; The copyright administrative departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government shall be in charge of the copyright administration in their respective administrative areas.
Chapter II Copyright
Section 1 Copyright owners and their rights
Article 9 Copyright owners include:
(1) author;
(2) Other citizens, legal persons or entities without legal personality who enjoy copyright according to this Law.
Article 10 Copyright includes the following personal rights and property rights:
(a) the right to publish, that is, the right to decide whether the work is open;
(2) the right of signature, that is, the right to indicate the identity of the author and sign his name on the work;
(3) the right to modify, that is, the right to modify or authorize others to modify a work;
(four) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;
(5) the right to use and the right to receive remuneration, that is, the right to use a work by means of reproduction, performance, broadcasting, exhibition, distribution, filming, adaptation, translation, annotation and editing; And the right to license others to use the work in the above way and get paid.
Section 2 Ownership of Copyright
Article 11 Copyright belongs to the author, except as otherwise provided by this Law.
The citizen who creates a work is the author.
A work presided over by a legal person or entity without legal personality, created on behalf of the will of the legal person or entity without legal personality and in the charge of the legal person or entity without legal personality is regarded as the author.
If there is no proof to the contrary, the signed citizen, legal person or unincorporated entity shall be the author.
Article 12 The copyright of a work produced by adapting, translating, annotating or arranging an existing work shall be enjoyed by the person who adapted, translated, annotated or arranged it, but the exercise of copyright shall not infringe the copyright of the original work.
Article 13 The copyright of a work created jointly by two or more persons shall be shared by the co-authors. People who don't participate in the creation can't be co-authors.
Where a cooperative work can be used alone, the authors may enjoy the copyright of their respective parts, but the exercise of copyright shall not infringe upon the copyright of the cooperative work as a whole.
Article 14 An editor shall enjoy the copyright of his edited work, but when exercising the copyright, he shall not infringe upon the copyright of the original work.
The author has the right to exercise his copyright in a work that can be used alone in editing.
Article 15 The director, screenwriter, lyricist, composer and photographer of a film, television or video work shall enjoy the right of authorship, and other copyrights shall be enjoyed by the producer of the film, television or video work.
Authors of scripts, music and other works that can be used independently. Movies, television and video works have the right to exercise their copyright alone.
Article 16 A work created by a citizen after completing the tasks of a legal person or an unincorporated unit is a work created by a post. Except in the circumstances specified in the second paragraph of this article, the copyright belongs to the author, but the legal person or entity without legal personality has the right to give priority to the use within its business scope. Within two years after the completion of the work, the author shall not permit a third person to use the work in the same way as the work used by the unit without the consent of the unit.
In any of the following circumstances, the author shall enjoy the right of authorship, and other rights of copyright shall be enjoyed by the legal person or entity without legal personality, which may reward the author:
(a) the engineering design, product design drawings and their descriptions, computer software, maps and other job works that are mainly completed by using the material and technical conditions of the legal person or entity without legal personality and are in charge of by the legal person or entity without legal personality;
(2) Work in the post where the legal person or entity without legal personality enjoys copyright as stipulated by laws, administrative regulations or agreed in the contract.
Seventeenth commissioned works's copyright ownership, agreed by the client and the trustee through the contract. If the contract is not clearly stipulated or concluded, the copyright belongs to the trustee.
Article 18 The transfer of the ownership of the original works of art and other works shall not be regarded as the transfer of the copyright of the works, but the right to display the original works of art shall be enjoyed by the original owners.
Article 19 If the copyright belongs to a citizen, after the death of the citizen, the right to use his work and the right to receive remuneration shall be transferred in accordance with the provisions of the Inheritance Law within the protection period stipulated in this Law.
If the copyright belongs to a legal person or entity without legal personality, after the legal person or entity without legal personality changes or terminates, the right to use and receive remuneration for its work shall be enjoyed by the legal person or entity without legal personality who undertakes its rights and obligations within the protection period stipulated in this Law; If there is no legal person or entity without legal personality that undertakes its rights and obligations, it shall be enjoyed by the state.
Section 3 Period of Protection of Rights
Article 20 The term of protection of an author's right of authorship, right of revision and right to protect the integrity of a work is unlimited.
Article 21 The protection period of citizens' rights of publication, use and remuneration is the author's life and fifty years after his death, ending on1February 3 1 day of the fiftieth year after his death; If it is a cooperative work, it ends on1February 3 1 day in the fiftieth year after the death of the last deceased author.
The copyright (except the right of signature) enjoyed by a legal person or entity without legal personality works, legal persons or entities without legal personality shall be protected for fifty years, ending on1February 3 1 day in the fiftieth year after the first publication of the works. However, if the work is not published within 50 years after the creation is completed, this law will no longer protect it.
The term of protection of the right to publish, the right to use and the right to receive remuneration for a film, television, video and photographic work is fifty years, ending on1February 3 1 day in the fiftieth year after the first publication of the work. However, if a work is not published within 50 years after the completion of the creation, this law will no longer protect it.
Section 4 Limitation of Rights
Article 22 Under the following circumstances, a work may be used without permission and without payment to the copyright owner, but the name of the author and the title of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed:
(a) for personal study, research or appreciation of the use of other people's published works;
(2) appropriately quoting published works of others in works for the purpose of introducing and commenting on works or explaining problems;
(3) To quote published works in newspapers, periodicals, radio, television programs or news documentaries for reporting current news;
(4) Newspapers, periodicals, radio stations and television stations publish or broadcast editorials and commentator's articles published by other newspapers, periodicals, radio stations and television stations;
(5) Newspapers, periodicals, radio stations and television stations publish or broadcast speeches delivered at public meetings, unless the author declares that they are not allowed to publish or broadcast;
(6) Translating or reproducing a few published works for classroom teaching or scientific research in schools for use by teaching or scientific researchers, but not publishing them;
(seven) the use of published works by state organs for the execution of official duties;
(eight) libraries, archives, memorial halls, museums, art galleries, etc., in order to display or save the version, copy the works collected by the library;
(9) Performing published works for free;
(ten) copying, painting, photography and video recording of works of art set up or displayed in outdoor public places;
(eleven) to translate the published Chinese works into minority languages and publish them in China;
(12) Published works are published in Braille.
The above provisions apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.
Chapter III Copyright License Contract
Article 23. Whoever uses another person's work shall conclude a contract with the copyright owner or obtain a license, except that no license is required in accordance with the provisions of this Law.
Article 24 A contract includes the following main clauses:
(a) the way to license the use of the work;
(2) The licensing right is exclusive or non-exclusive;
(three) the scope and duration of the license;
(4) payment standards and methods;
(5) Liability for breach of contract;
(six) other contents that both parties think need to be agreed.
Article 25. Without the permission of the copyright owner, the other party may not exercise the rights that the copyright owner has not explicitly permitted in the contract.
Article 26 The term of validity of a contract shall not exceed ten years. The contract can be renewed after its expiration.
Twenty-seventh remuneration standards for the use of works shall be formulated by the copyright administrative department of the State Council in conjunction with relevant departments.
If it is otherwise agreed in the contract, remuneration may also be paid in accordance with the agreement.
Article 28 Publishers, performers, producers of audio and video recordings, radio stations and television stations, etc. Whoever obtains the right to use another person's copyright in accordance with this law shall not infringe upon the author's right of signature, modification, protection of the integrity of the work and remuneration.
Chapter IV Publication, Performance, Audio Recording, Video Recording and Broadcasting
Section 1 Publication of Books, Newspapers and Periodicals
Article 29 A book publisher shall conclude a publishing contract with the copyright owner and pay the remuneration for publishing the book.
Article 30 A book publisher shall enjoy the exclusive right to publish the works delivered for publication by the copyright owner within the time limit stipulated in the contract. The contract stipulates that the exclusive publishing rights of book publishers shall not exceed ten years, and the contract may be renewed at the expiration.
The exclusive publishing right enjoyed by the book publisher during the contract period is protected by law, and no one else may publish the work.
Article 31 The copyright owner shall deliver the work within the time limit stipulated in the contract. A book publisher shall publish books in accordance with the publication quality and time limit stipulated in the contract.
If a book publisher fails to publish within the time limit stipulated in the contract, he shall bear civil liability in accordance with the provisions of Article 47 of this Law.
If a book publisher reprints or republishes a work, it shall notify the copyright owner and pay remuneration. If the book publisher refuses to reprint or republish the book after it is out of stock, the copyright owner has the right to terminate the contract.
Article 32 If a copyright owner submits a manuscript to a newspaper or magazine and fails to receive a notice of publication from the newspaper or magazine within 15 days from the date of publication of the manuscript, or fails to receive a notice of publication from the magazine within 30 days from the date of publication of the manuscript, he may submit the same work to other newspapers or magazines. Unless otherwise agreed by both parties.
After the publication of the work, other newspapers and periodicals may reprint it or publish it as abstracts and materials, except that the copyright owner declares that it is not allowed to reprint or extract it, and shall pay remuneration to the copyright owner in accordance with the regulations.
Article 33 A book publisher may modify or abridge a work with the permission of the author.
Newspapers and periodicals can modify and abridge their works, and the modification of contents must be approved by the author.
Article 34 When publishing a work that is adapted, translated, annotated, sorted out or edited from an existing work, remuneration shall be paid to the copyright owner of the adapted, translated, annotated, sorted out or edited work and the copyright owner of the original work.
Section 2 Performance
Thirty-fifth performers (actors, performing units) who use unpublished works of others to perform shall obtain permission from the copyright owner and pay remuneration.
A performer who uses a published work of others for commercial performance may do so without the permission of the copyright owner, but shall pay remuneration in accordance with the provisions; If the copyright owner declares that it is not allowed to use it, it shall not be used.
A performer who uses a work produced by adapting, translating, annotating or collating an existing work to perform a commercial performance shall pay remuneration to the copyright owner of the adapted, translated, annotated or collated work and the copyright owner of the original work in accordance with regulations.
The provisions of Articles 37 and 40 of this Law shall apply to performers who use other people's works for audio and video recording and performing radio and television programs.
Article 36 Performers shall enjoy the following rights to their performances:
(a) identify the performer;
(two) to protect the performance image from distortion;
(3) Permitting others to broadcast live;
(four) to permit others to make a profit by audio and video recording, and to get paid.
Section 3 Audio and Video Recording
Article 37 A producer of sound recordings shall obtain permission from the copyright owner and pay remuneration for making sound recordings from unpublished works of others. Using a published work of others to make a sound recording product may be done without the permission of the copyright owner, but remuneration shall be paid in accordance with the provisions; If the copyright owner declares that it is not allowed to use it, it shall not be used.
A video producer who uses another person's work to make a video product shall obtain the permission of the copyright owner and pay remuneration.
Producers of audio and video recordings shall pay remuneration to the copyright owners of existing works and original works for adaptation, translation, annotation and arrangement.
Article 38 producers of audio and video recordings shall conclude contracts with performers and pay remuneration for audio and video recordings.
Article 39 producers of audio and video recordings shall have the right to license others to reproduce and distribute their audio and video recordings and receive remuneration. The protection period of this right is fifty years, ending on1February 3 1 day in the fiftieth year after the product was first published.
Producers of audio and video recordings who are licensed to reproduce and distribute shall also pay remuneration to copyright owners and performers in accordance with regulations.
Section 4 Broadcasting by Radio and Television Stations
Article 40 A radio station or television station that uses unpublished works of others to produce radio or television programs shall obtain permission from the copyright owner and pay remuneration.
Radio stations and television stations may use published works of others to produce radio and television programs without the permission of the copyright owner, but they may not use them if the copyright owner declares that they are not allowed to use them; In addition, remuneration shall be paid in accordance with the provisions, except that remuneration may not be paid in accordance with the provisions of this law.
When a radio station or television station produces a radio or television program using a work produced by adapting, translating, annotating or collating an existing work, it shall pay remuneration to the copyright owner of the adapted, translated, annotated or collated work and the copyright owner of the original work.
Article 41 When producing radio and television programs, radio stations and television stations shall conclude contracts with performers and pay them remuneration.
Article 42 Radio stations and television stations shall enjoy the following rights to the radio and television programs they produce:
(1) playing;
(two) to license others to play, and get paid;
(three) to permit others to reproduce and distribute the radio and television programs produced by them, and to receive remuneration.
The term of protection of the rights specified in the preceding paragraph is fifty years, ending on1February 3 1 day in the fiftieth year after the first broadcast of the program.
Producers of audio and video recordings who are licensed to reproduce and distribute shall also pay remuneration to copyright owners and performers in accordance with regulations.
Article 43 A radio station or television station may broadcast a published sound recording for non-commercial purposes without the permission of the copyright owner, performer or producer of the sound recording and without paying remuneration to them.
Article 44 A television station shall obtain the permission of and pay remuneration to the producer of another person's film, television or video.
Chapter V Legal Liability
Article 45 Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, publicly apologizing and compensating for the losses according to the circumstances:
(1) publishing his work without the permission of the copyright owner;
(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;
(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;
(4) distorting or tampering with other people's works;
(5) Using a work by means of performance, broadcasting, exhibition, distribution, shooting, video recording, adaptation, translation, annotation or editing without the permission of the copyright owner, except as otherwise provided by this Law;
(six) the use of other people's works, not in accordance with the provisions of the payment;
(seven) live broadcast of their performances without the permission of the performers;
(eight) other acts of infringement of copyright and copyright-related rights and interests.
Article 46 Anyone who commits one of the following acts of infringement shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the influence, publicly apologizing, and compensating for losses, and may be given administrative penalties such as confiscation of illegal income and fines by the copyright administrative department:
(1) Plagiarism and plagiarism;
(2) reproducing and distributing his works for profit without the permission of the copyright owner;
(3) publishing books with exclusive publishing rights enjoyed by others;
(four) without the permission of the performer, recording and publishing his performance;
(five) without the permission of the producer of audio and video recordings, reproducing and distributing the audio and video recordings made by him;
(six) unauthorized reproduction and distribution of radio and television programs produced by radio stations and television stations;
(seven) the production and sale of counterfeit works of art..
Article 47 If a party fails to perform its contractual obligations or fails to meet the agreed conditions, it shall bear civil liability in accordance with the relevant provisions of the General Principles of the Civil Law.
Article 48 Disputes over copyright infringement may be mediated. If mediation fails or one party reneges after mediation reaches an agreement, it may bring a lawsuit to the people's court. If the parties are unwilling to mediate, they may also directly bring a suit in a people's court.
Article 49 Disputes over copyright contracts may be mediated, or they may be submitted to a copyright arbitration institution for arbitration according to the arbitration clause in the contract or a written arbitration agreement reached afterwards.
For the arbitration award, the parties shall perform it. If one party fails to perform the arbitration award, the other party may apply to the people's court for enforcement.
If the respondent people's court finds that the arbitration award is illegal, it has the right not to execute it. If the people's court refuses to execute the contract, the parties may bring a lawsuit to the people's court on the contract dispute.
If the parties fail to conclude an arbitration clause in the contract and there is no written arbitration agreement afterwards, they may directly bring a suit in a people's court.
Article 50 If a party refuses to accept the administrative punishment, he may bring a suit in a people's court within three months after receiving the written decision on administrative punishment. If neither prosecution nor performance is made within the time limit, the copyright administrative department may apply to the people's court for compulsory execution.
Chapter VI Supplementary Provisions
Article 51 Copyright and copyright mentioned in this Law are synonyms.
Article 52 "Reproduction" as mentioned in this Law refers to the act of making one or more copies of a work by printing, copying, copying, rubbing, audio recording, video recording and reproduction.
The construction and production of industrial products according to engineering designs, product design drawings and their descriptions does not belong to the term "reproduction" as mentioned in this Law.
Article 53 Measures for the protection of computer software shall be formulated separately by the State Council.
Article 54 The regulations for the implementation of this Law shall be formulated by the copyright administrative department of the State Council, and shall come into force after being submitted to the State Council for approval.
Article 55. The rights of copyright owners, publishers, performers, producers of audio and video recordings, radio stations and television stations stipulated in this Law shall be protected in accordance with this Law if the protection period stipulated in this Law has not expired on the date of implementation of this Law.
Infringement or breach of contract that occurred before the implementation of this Law shall be handled in accordance with the relevant laws and regulations and policies at the time when the infringement or breach of contract occurred.
Article 56 This Law shall come into force as of 199 1 June 1 day.
Is it confidential? If the teacher keeps a secret, you can say it. If you don't keep a secret, you will hide it in your heart (you may be beaten if you say it).