Chapter 1 General Provisions
Article 1 is to protect the copyrights of authors of literary, artistic and scientific works, as well as the rights and interests related to copyrights
encourage beneficial This law is formulated in accordance with the Constitution to create and disseminate works that contribute to the construction of socialist spiritual civilization and material civilization, and to promote the development and prosperity of socialist culture and science.
Article 2 The works of Chinese citizens, legal persons or unincorporated entities, whether published or not, enjoy copyright
in accordance with this law.
If a foreigner's work is first published within the territory of China, he 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 where they belong and China or the international treaty to which the country is a party.
Article 3 The works referred to in this Law include works of literature, art, natural science, social science, engineering technology, etc. created in the following forms:
(1) Written works;
(2) Oral works;
(3) Music, drama, folk art, and dance works;
(4 ) Fine arts and photographic works;
(5) Film, television and video works;
(6) Engineering design, product design drawings and their descriptions;
(7) Graphic works such as maps and schematic diagrams;
(8) Computer software;
(9) Other works stipulated in laws and administrative regulations.
Article 4 Works that are prohibited from being published or disseminated according to law are not protected by this law.
Copyright owners shall not violate the constitution and laws or harm the interests of the public when exercising their copyrights.
Article 5 This Law does not apply to:
(1) Laws, regulations, resolutions, decisions, orders of state agencies and other legislative, administrative, and judicial matters
Legal documents, and their official translations;
(2) Current affairs news;
(3) Calendars, tables, general tables and formulas.
Article 6 The measures for copyright protection of folk literary and artistic works shall be separately formulated by the State Council.
Article 7 For scientific and technological works that should be protected by the Patent Law, the Technology Contract Law and other laws, the provisions of the Patent
Law, the Technology Contract Law and other laws shall apply.
Article 8 The copyright administrative department of the State Council is responsible for copyright management nationwide; the copyright administrative departments of the people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government are responsible for the copyright management of their respective administrative regions. .
Chapter 2 Copyright
Section 1 Copyright Owners and Their Rights
Article 9 Copyright holders include:
(1) Author;
(2) Other citizens, legal persons or non-legal entities that enjoy copyright in accordance with this law.
Article 10 Copyright includes the following personal rights and property rights:
(1) Right of publication, that is, the right to decide whether a work will be made public;
(2) Right of signature , that is, the right to indicate the identity of the author and sign the work;
(3) The right to modify, that is, the right to modify or authorize others to modify the work;
(4) The right to protect the integrity of the work , that is, the right to protect works from distortion and tampering;
(5) The right to use and the right to receive remuneration, that is, to copy, perform, broadcast, exhibit, distribute, and make movies
The right to use the work through television, video, or adaptation, translation, annotation, editing, etc.; and the right to license others
to use the work in the above-mentioned ways and receive compensation for it.
Section 2 Copyright Ownership
Article 11 Copyright belongs to the author, unless otherwise provided for in this law.
The citizen who created the work is the author.
Works hosted by a legal person or an unincorporated unit, created on behalf of the will of a legal person or an unincorporated unit, and for which the legal person or
or an unincorporated unit assumes responsibility shall be regarded as works by the legal person or unincorporated unit. for the author.
In the absence of proof to the contrary, the citizen, legal person or unincorporated entity who signs the work is the author.
Article 12 The copyright of works resulting from the adaptation, translation, annotation, and arrangement of existing works shall be enjoyed by the person who adapted, translated, annotated, and arranged them. However, when exercising the copyright , shall not infringe the copyright of the original work.
Article 13 For works created jointly by two or more people, the copyright shall be enjoyed jointly by the co-authors ***. People who have not participated
in the creation cannot become co-authors.
If a collaborative work can be divided and used, the authors can enjoy separate copyrights for the parts they created, but the copyright of the collaborative work as a whole must not be infringed upon when
exerting the copyright.
Article 14 The editor shall enjoy the copyright of the edited work, but when exercising the copyright, the copyright of the original work shall not be infringed.
The author of a work that can be used alone in an editorial work has the right to exercise his or her copyright alone.
Article 15 Directors, screenwriters, lyrics, composers, photographers and other authors of film, television and video works enjoy
the right of signature. Other rights of copyright belong to the producers of film, television and other works. , the producer of the video work enjoys.
The author of scripts, music, and other works that can be used independently in film, television, and video works has the right to independently
authorize them.
Article 16 Works created by citizens to complete the work tasks of legal persons or unincorporated units are professional works
Except for the provisions of paragraph 2 of this article, the copyright is enjoyed by the author. However, legal persons or unincorporated units have the right to have priority in using it within their
business scope. Within two years after the completion of the work, without the consent of the unit, the author shall not allow a third party to use the work in the same manner as
the unit uses it.
For professional works that fall under any of the following circumstances, the author shall enjoy the right of authorship, and other copyright rights shall be enjoyed by legal persons or
unincorporated units. Legal persons or unincorporated units may reward the author:
(1) Engineering designs and product design drawings and their descriptions that are mainly created using the material and technical conditions of legal persons or non-legal persons and for which legal persons or non-legal persons are responsible , computer software, maps and other professional works
;
(2) The copyright is enjoyed by legal persons or non-legal entities according to laws, administrative regulations or contracts.
Job works.
Article 17. The ownership of the copyright of a commissioned work shall be agreed upon by the client and the trustee through a contract
. If there is no express agreement in the contract or no contract has been concluded, the copyright belongs to the trustee.
Article 18 The transfer of ownership of original works of art and other works shall not be regarded as a transfer of the copyright of the work, but the exhibition rights of original works of art
are enjoyed by the original owner.
Article 19 If the copyright belongs to a citizen, after the citizen dies, the right to use the work and the right to receive remuneration shall remain within the protection period
stipulated in this law and in accordance with the provisions of the inheritance law. transfer.
If the copyright belongs to a legal person or an unincorporated unit, after the legal person or unincorporated unit is changed or terminated, the right to use the work and the right to receive remuneration shall remain within the protection period stipulated in this law. Within the period, it is enjoyed by the legal person or non-legal entity that assumes its rights and obligations; if there is no legal person or non-legal entity that assumes its rights and obligations, it is enjoyed by the state.
Section 3 Protection Period of Rights
Article 20 The protection period of the author’s right of signature, right of modification, and right to protect the integrity of the work is not limited.
Article 21 The right to publish, use and receive remuneration for a citizen’s work shall be protected for the lifetime of the author and fifty years after his or her death, ending on December 31st of the fiftieth year after the death of the author; if it is a collaborative work, the deadline is December 31st of the fiftieth year after the death of the last author.
Works and copyrights (excluding the right of authorship) of legal persons or unincorporated units are enjoyed by legal persons or unincorporated units
The rights to publish, use and receive remuneration are The protection period is fifty years, ending on December 31st of the fiftieth year after the work was first published. However, if the work has not been published within fifty years since its creation, the
The law no longer protects.
The right to publish, use and receive remuneration for film, television, video and photographic works is protected for a period of fifty years
, ending on the fiftieth year after the first publication of the work. December 31st, but if the work has not been published within fifty years since its creation, this law will no longer protect it.
Section 4 Restrictions on Rights
Article 22 Under the following circumstances, works may be used without the permission of the copyright owner and without payment of compensation
Remuneration, but the name of the author and the title of the work should be specified, and other rights enjoyed by the copyright owner in accordance with this law should not be infringed:
(1) For personal study, research or appreciation, Use other people's published works;
(2) To introduce, comment on a certain work or explain a certain issue, appropriately quote other people's
published works in the work;
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(3) Quoting published works in newspapers, periodicals, radio and television programs or news documentaries in order to report current news;
(4) Newspapers, periodicals, radio stations, and television stations publish or broadcast editorials and commentator articles that have been published by other newspapers, periodicals, radio stations, and television stations;
(5) Newspapers, periodicals, , radio stations, and television stations to publish or broadcast speeches delivered at public gatherings
, except where the author declares that they are not allowed to be published or broadcast;
(6) For school classroom teaching or scientific research , translate or copy a small amount of published works for use by
teaching or scientific researchers, but shall not be published or distributed;
(7) State agencies use published works for the purpose of performing official duties;
(8) Libraries, archives, memorial halls, museums, art galleries, etc., copy the works collected by the library for the purpose of display or preservation of editions
;
(9) Free performances of published works;
(10) Copying, painting, photography, and recording of artistic works installed or displayed in outdoor public places
Like;
(11) Translate published works in Han Chinese characters into minority languages ??and publish and distribute them domestically;
(12) Change published works into Braille publishing.
The above provisions apply to restrictions on the rights of publishers, performers, audio and video producers, radio stations and television stations.
Chapter 3 Copyright License Contract
Article 23 To use other people’s works, you must enter into a contract with the copyright owner or obtain permission. This Law provides that
you can Except without permission.
Article 24 The contract includes the following main clauses:
(1) The method of licensing the use of the work;
(2) The right to license the use is exclusive Have the right to use or non-exclusive right to use;
(3) Scope and period of licensed use;
(4) Remuneration standards and methods;
(5) Liability for breach of contract;
(6) Other contents deemed necessary by both parties.
Article 25: Rights not expressly permitted by the copyright owner in the contract may not be exercised by the other party
without the permission of the copyright owner.
Article 26 The validity period of the contract shall not exceed ten years. The contract can be renewed upon expiration.
Article 27 The payment standards for the use of works shall be formulated by the copyright administrative department of the State Council in conjunction with relevant departments
If the contract stipulates otherwise, remuneration may also be paid in accordance with the contract.
Article 28 Publishers, performers, audio and video producers, radio stations, television stations, etc. who obtain the right to use the copyright of others in accordance with this law shall not infringe the author's rights. The right of authorship, the right of modification, the right to protect the integrity of the work
and the right to receive remuneration.
Chapter 4 Publishing, Performance, Audio and Video Recording, and Broadcasting
Section 1 Publishing of Books, Newspapers and Periodicals
Article 29 Book Publishers Publish Books A publishing contract should be concluded with the copyright owner and remuneration should be paid.
Article 30: Book publishers shall enjoy exclusive
publication rights over the works delivered for publication by the copyright owner during the contract period. The contract stipulates that the book publisher's exclusive publishing rights shall not exceed ten years, and the contract may be renewed upon expiration.
The exclusive publishing rights enjoyed by the book publisher during the contract period are protected by law, and others are not allowed to publish the work
Article 31 The copyright owner shall deliver the work within the time limit specified in the contract. Book publishers shall publish books in accordance with the publishing 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. After the book is out of stock
If the book publisher refuses to reprint or republish the book, the copyright owner has the right to terminate the contract.
Article 32: If a copyright owner submits a manuscript to a newspaper or magazine, he/she fails to receive a notice from the newspaper or magazine within fifteen days from the date of the manuscript’s issuance. If the magazine does not receive a decision to publish within thirty days from the date of issue
The same work can be submitted to other newspapers or magazines. Unless otherwise agreed by both parties.
After the work is published, other newspapers and periodicals may reprint it or publish it as
extracts or materials, except where the copyright owner declares that it is not allowed to be reproduced or excerpted, but remuneration must be paid to the copyright owner in accordance with regulations. .
Article 33 Book publishers may modify or delete works with the author’s permission.
Newspapers and magazines may make textual modifications or deletions to works. Modifications of content must be approved by the author
Article 34 The publication of works resulting from the adaptation, translation, annotation, arrangement, and editing of existing works shall be directed to the adaptation, translation, annotation, arrangement, and editing of existing works.
The copyright owner of the original work and the copyright holder of the original work shall pay remuneration
Section 2 Performance
Article 35 Performers (actors, performance units) use unpublished works of others to perform, You should obtain permission from the copyright owner and pay remuneration.
Performers who use other people’s published works for commercial performances may do so without the permission of the copyright owner, but they must pay remuneration in accordance with regulations; if the copyright owner declares that the use is not allowed, the performer shall not use it. .
Performers who use works produced by adapting, translating, annotating, or organizing existing works for commercial performances shall, in accordance with regulations, submit to the copyright owner of the adapted, translated, annotated, or organized work. The person and the copyright holder of the original work shall pay
remuneration.
Where a performer uses the works of others for the purpose of producing audio and video recordings or performing radio or television programs, the provisions of Articles 37 and 40 of this Law shall apply.
Article 36 Performers have the following rights regarding their performances:
(1) To identify the performer;
(2) To protect the image of the performance. Be distorted;
(3) Allow others to broadcast live broadcasts;
(4) Allow others to record or videotape for profit-making purposes and receive compensation.
Section 3 Audio and Video Recordings
Article 37 If a sound recording producer uses the unpublished works of others to make sound recordings, he shall obtain the rights of the copyright owner
License, and payment. You may use other people's published works to make sound recordings without the permission of the copyright holder, but remuneration must be paid in accordance with regulations; use may not be allowed if the copyright holder declares that the use is not allowed.
Video producers who use other people’s works to produce video products must obtain permission from the copyright holder and pay remuneration
For works produced by adapting, translating, annotating, and organizing existing works, producers of audio and video recordings shall report to
the copyright owner of the adapted, translated, annotated, and organized work and the original work. The copyright holder pays remuneration.
Article 38 When producing audio and video products, the producer of audio and video recordings shall conclude a contract with the performer and
pay remuneration.
Article 39: Producers of audio and video recordings have the right to permit others to copy, distribute and receive remuneration for the audio and video recordings they produce. The protection period of this right is fifty years, ending on December 31st of the fiftieth year after the first publication of the product.
Producers of audio and video recordings that are licensed to reproduce and distribute shall also pay remuneration to copyright owners and performers in accordance with regulations
Section 4 Broadcasting by Radio Stations and Television Stations
Article 40 Radio stations and television stations that use other people’s unpublished works to produce radio or television programs shall
Obtain permission from the copyright holder and pay remuneration.
Radio stations and television stations may use other people’s published works to produce radio and television programs without the permission of the copyright holder
However, the copyright holder shall not use it unless the copyright holder declares that the use is not allowed; and except Except where remuneration may not be paid as stipulated in this Law
, remuneration shall be paid in accordance with the provisions.
Radio stations and television stations that use works produced by adapting, translating, annotating, and organizing existing works to produce radio and television programs shall report to the adapted, translated, annotated, and organized works. Remuneration will be paid to the copyright owner and the copyright owner of the original work
.
Article 41 When radio stations and television stations produce radio or television programs, they shall enter into contracts with performers
and pay remuneration.
Article 42 Radio stations and television stations shall enjoy the following rights over the radio and television programs they produce:
(1) Broadcasting;
(2) ) Allow others to broadcast and receive remuneration;
(3) Allow others to copy and distribute radio and television programs produced by them and receive remuneration.
The protection period of the rights stipulated in the preceding paragraph is fifty years, ending on December 31st of the fiftieth year after the first broadcast of the program.
Producers of audio and video recordings that are licensed to reproduce and distribute shall also pay remuneration to copyright owners and performers in accordance with regulations
Article 43 Radio stations and television stations may broadcast published sound recordings for non-commercial purposes without the permission of
the copyright holder, performer or sound recording producer, and without the permission of the copyright holder, performer or sound recording producer. Pay compensation.
Article 44 If a TV station broadcasts other people's movies, TV shows and videos, it must obtain permission from the film and TV producers and video producers, and pay remuneration.
Chapter 5 Legal Responsibilities
Article 45 Anyone who commits the following infringements shall, according to the circumstances, be responsible for stopping the infringement, eliminating the impact, and making public amends
Civil liabilities such as apology and compensation for losses:
(1) Publishing his work without the permission of the copyright owner;
(2) Co-creating with others without the permission of the co-author Publish the work as a work created by oneself alone
;
(3) Not participating in the creation, but in order to seek personal fame and gain, sign the work of others;
(4) Distorting or tampering with other people’s works;
(5) Performing, broadcasting, exhibiting, distributing, making movies, television, or recording without the permission of the copyright owner
Use of works by imitating or adapting, translating, annotating, editing, etc., unless otherwise provided for in this law;
(6) Using other people’s works without paying remuneration in accordance with regulations;
(7) Live broadcasting of the performer’s performance without the permission of the performer;
(8) Other acts that infringe on copyright and copyright-related rights and interests.
Article 46 Anyone who commits the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact,
making a public apology, and compensating for losses, etc., and may be held responsible by the copyright owner The administrative department shall impose administrative penalties such as confiscation of illegal
income and fines:
(1) Plagiarism or plagiarism of other people’s works;
(2) Without copyright Copying and distributing his works for the purpose of profit without the permission of others;
(3) Publishing books for which others have exclusive publishing rights;
(4) Without the permission of the performers , making audio and video recordings of their performances and publishing them;
(5) Copying and distributing audio and video recordings without the permission of the audio and video producers;
(6) Without broadcasting To obtain permission from radio and television stations to copy and distribute radio and television programs produced by them;
(7) To produce and sell works of art that counterfeit the signatures of others.
Article 47 If a party fails to perform its contractual obligations or the performance of its contractual obligations does not 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 Copyright infringement disputes can be mediated. If mediation fails or one party regrets
after reaching an agreement after mediation, it may file a lawsuit in the People's Court. If the parties are unwilling to mediate, they may also file a lawsuit directly with the People's Court.
Article 49 Copyright contract disputes can be mediated, or you can apply for arbitration to a copyright arbitration institution based on the arbitration clause in the contract or a written arbitration agreement
reached afterwards.
The parties shall perform the arbitration award. If one party fails to perform the arbitration award, the other party may
apply to the People's Court for enforcement.
If the people's court to which the application is filed finds that the arbitration award is illegal, it has the right not to enforce it. If the People's Court refuses to enforce the contract, the parties may sue the People's Court for contract disputes.
If the parties have not entered into an arbitration clause in the contract and there is no written arbitration agreement afterwards, they may directly file a lawsuit in the People's Court
Article 50 If the party concerned is dissatisfied with the administrative penalty, he may file a lawsuit with the People's Court within three months of receiving the administrative penalty decision. The administrative department may apply to the People's Court for enforcement
.
Chapter 6 Supplementary Provisions
Article 51 Copyright and copyright as mentioned in this Law are synonymous.
Article 52 The term “reproduction” as mentioned in this Law refers to the production of a work by means of printing, copying, copying, rubbing, recording, videotaping,
ripping, or photocopying, etc. The act of one or more portions.
Construction and production of industrial products in accordance with engineering design, product design drawings and their instructions do not constitute copying within the meaning of this Law
.
Article 53 The measures for the protection of computer software shall be separately stipulated by the State Council.
Article 54 The implementation regulations of this Law shall be formulated by the copyright administrative department of the State Council and shall come into effect after being submitted to the State Council for approval
and approved.
Article 55 The rights of copyright owners and publishers, performers, audio and video producers, broadcasters, and radio stations and television stations stipulated in this Law shall be effective on the date of implementation of this Law. If the protection period stipulated in this Law has not expired, it shall be protected in accordance with this Law.
Infringement or breach of contract that occurred before the implementation of this law shall be handled in accordance with the relevant regulations and policies at the time when the infringement or breach of contract occurred.
Article 56 This Law shall come into effect on June 1, 1991.