Attachment: Copyright Law of the People's Republic of China
Copyright Law of the People's Republic of China
(adopted at the 15th meeting of the Seventh the NPC Standing Committee on September 7, 199, the People's Republic of China * * * (p) Chapter I General Provisions
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 scientific undertakings.
article 2 works of China citizens, legal persons or unincorporated entities, whether published or not, shall enjoy copyright in accordance with this law.
works of foreigners first published in China shall enjoy copyright in accordance with this law.
The copyright of works published by foreigners in China is 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 The term "works" as mentioned in this Law includes works in the following forms:
(1) written works;
(2) oral works;
(3) Music, drama, folk art and dance works;
(4) works of art and photography;
(5) films, television and video works;
(6) engineering design and product design drawings and their descriptions;
(7) Graphic works such as maps and schematic diagrams;
(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 are not protected by this law.
in exercising copyright, the copyright owner shall not violate the Constitution and laws, and shall not harm the interests of the public.
Article 5 This Law does not apply to:
(1) laws and 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) calendars, numerical tables, general tables and formulas.
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, technology contract law and other laws, the provisions of the patent law, technology contract law and other laws shall apply.
Article 8 The copyright administrative department of the State Council is in charge of copyright management throughout the country; 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 copyright administration in their respective administrative areas.
Chapter II Copyright
Section 1 Copyright owners and their rights
Article 9 Copyright owners include:
(1) authors;
(2) other citizens, legal persons or entities without legal personality who enjoy copyright according to this law.
Article 1 Copyright includes the following personal rights and property rights:
(1) the right of publication, that is, the right to decide whether a work is made public;
(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 the work;
(4) 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 receive remuneration, that is, the right to use a work by means of reproduction, performance, broadcasting, exhibition, distribution, filming, television and video recording, or adaptation, translation, annotation and editing; And the right to license others to use the work in the above way and get paid for it.
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 for which the legal person or entity without legal personality is responsible, is regarded as the author.
if there is no proof to the contrary, the citizen, legal person or unincorporated entity who signed the work is 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 upon 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 become co-authors.
if a cooperative work can be used separately, the authors can enjoy the copyright of their respective parts, but the exercise of copyright shall not infringe the copyright of the cooperative work as a whole.
article 14 the editor shall enjoy the copyright of an edited work, but when exercising the copyright, the copyright of the original work shall not be infringed.
the author of an edited work that can be used alone has the right to exercise his copyright alone.
Article 15 The director, screenwriter, lyricist, composer and photographer of a film, television or video work shall enjoy the right of authorship, and other rights of copyright shall be enjoyed by the producer of the film, television or video work.
The authors of works that can be used independently, such as scripts, music, etc. in movies, television and video works, have the right to exercise their copyright alone.
article 16 a work created by a citizen to accomplish the task of a legal person or an unincorporated entity is a job work. except for the provisions in the second paragraph of this article, the copyright belongs to the author, but the legal person or an unincorporated entity 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 signature, and other rights of copyright shall be enjoyed by the legal person or entity without legal personality, and the legal person or entity without legal personality may reward the author:
(1) The work is mainly created by using the material and technical conditions of the legal person or entity without legal personality, and the legal person or entity without legal personality shall bear the responsibility, such as engineering design, product design drawings and their descriptions, computer software, maps and other work;
(2) Work in the post where the copyright is enjoyed by a legal person or an unincorporated entity as stipulated by laws, administrative regulations or agreed in the contract.
article 17 the ownership of copyright in a commissioned work shall be agreed upon by the client and the trustee through a 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 fine arts and other works is not regarded as the transfer of the copyright of the works, but the exhibition right of the original works of fine arts is enjoyed by the original owner.
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 within the protection period stipulated in this law in accordance with the provisions of the inheritance 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 works shall be enjoyed by the legal person or entity without legal personality who undertakes its rights and obligations within the protection period specified in this Law; If there is no legal person or unincorporated unit that bears its rights and obligations, it shall be enjoyed by the state.
Section 3 Duration of Protection of Rights
Article 2 The duration of protection of an author's right of authorship, right of modification and right of protecting the integrity of a work is unlimited.
Article 21 The term of protection of a citizen's right to publication, use and remuneration shall be the author's life and fifty years after his death, ending on December 31st of the fiftieth year after his death; If it is a cooperative work, it ends on December 31st of the fiftieth year after the death of the last deceased author.
The term of protection for the works of a legal person or entity without legal personality, and the works of a job that are enjoyed by a legal person or entity without legal personality (except the right of signature) is fifty years, ending on December 31st of the fiftieth year after the first publication of the works. However, if the works are not published within fifty years after the completion of the creation, this Law will no longer protect them.
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 on December 31st of the fiftieth year after the first publication of the work. However, if the work has not been published within fifty years after the completion of the creation, this Law will no longer protect it.
Section 4 Limitation of Rights
Article 22 In the following circumstances, a work may be used without the permission of the copyright owner and without payment to him, but the name of the author and the name of the work shall be specified, and other rights enjoyed by the copyright owner according to this Law shall not be infringed:
(1) Using a published work of others for personal study, research or appreciation;
(2) appropriately quoting other people's published works in order to introduce and comment on a work or explain a problem;
(3) quoting 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 publication and broadcasting are not allowed;
(6) to translate or copy a few published works for classroom teaching or scientific research in schools for the use of teaching or scientific research personnel, but not for publication and distribution;
(7) the use of published works by state organs for the purpose of performing official duties;
(8) libraries, archives, memorial halls, museums, art galleries, etc. reproduce the works collected by the library for the purpose of displaying or preserving editions;
(9) Performing published works for free;
(1) Copying, painting, photographing and video recording works of art set up or displayed in outdoor public places;
(11) translating published works in Chinese into minority languages for domestic publication;
(12) Change the published works into Braille for publication.
the above provisions are applicable to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.
chapter iii contracts for licensing the use of copyright
article 23 a contract or license shall be concluded with the copyright owner for the use of other people's works, except that the license is not required according to the provisions of this law.
Article 24 A contract includes the following main clauses:
(1) the way of licensing the use of the work;
(2) The licensed right is exclusive or non-exclusive;
(3) the permitted scope and duration;
(4) remuneration standards and methods;
(5) liability for breach of contract;
(6) 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 not expressly permitted by the copyright owner in a contract.
article 26 the term of validity of a contract shall not exceed ten years. The contract can be renewed when it expires.
Article 27 The remuneration standards for the use of works shall be formulated by the copyright administrative department of the State Council jointly with relevant departments.
if otherwise agreed in the contract, remuneration may also be paid according to the contract.
article 28 publishers, performers, producers of audio and video recordings, radio stations, television stations, etc. who have obtained the right to use the copyright of others in accordance with this law shall not infringe upon the author's right of authorship, modification, protection of the integrity of the work and remuneration.
chapter iv publication, performance, audio-visual recording and broadcasting
section I publication of books, newspapers and periodicals
article 29 a book publisher shall conclude a publishing contract with the copyright owner and pay remuneration.
Article 3 A book publisher shall enjoy exclusive publishing rights over the works delivered for publication by the copyright owner during the contract period. The contract stipulates that the term of exclusive publishing rights for book publishers shall not exceed ten years, and the contract can be renewed at the expiration of the contract.
The exclusive publishing right enjoyed by a book publisher during the contract period is protected by law, and others may not 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 publishing quality and time limit agreed in the contract.
a book publisher who fails to publish within the time limit stipulated in the contract 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, but fails to receive a notice from the newspaper or magazine for publication within 15 days from the date of publication of the manuscript, or fails to receive a notice from the magazine for publication within 3 days from the date of publication of the manuscript, he may submit the same work to other newspapers and magazines. Unless otherwise agreed by both parties.
after the publication of a work, other newspapers and periodicals may reprint it or publish it as abstracts or materials, except that the copyright owner declares that it is not allowed to reprint or extract it, but they shall pay remuneration to the copyright owner in accordance with regulations.
Article 33 A book publisher may modify or abridge a work with the permission of the author.
newspapers and magazines can make textual modifications and abridgements to their works, and the modification of the contents shall be subject to the permission of the author.
article 34 when publishing a work resulting from adaptation, translation, annotation, collation and editing of an existing work, remuneration shall be paid to the copyright owner of the adaptation, translation, annotation, collation and editing work and the copyright owner of the original work.