Attached: 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 Standing Committee of the Seventh National People's Congress on September 7, 1990) Decree of the President of the People's Republic of China No. 31, September 7, 1990 Published June 1, 1991 shall come into force)
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution for the purpose of protecting the copyrights of authors of literary, artistic and scientific works, as well as the rights and interests pertaining to copyrights, encouraging the creation and dissemination of works beneficial to the construction of the socialist spiritual civilization and material civilization, and promoting the development and prosperity of the socialist cultural and scientific undertakings.
Article 2 The works of Chinese citizens, legal persons or unincorporated entities, whether published or not, shall enjoy copyright in accordance with this Law.
Foreigners whose works are first published in China shall enjoy copyright in accordance with this Law.
The copyright of works published in China by foreigners shall be protected by this Law in accordance with the agreements signed between the countries to which they belong and China or the international treaties to which they **** are parties.
Article 3 The works referred to in this Law include literary, artistic and natural scientific, social scientific, engineering and technological works created in the following forms:
(1) Written works;
(2) Oral works;
(3) Music, drama, opera and dance works;
(4) Fine arts and photographic works;
(5) Motion pictures, television, and other works;
(6) Film, television, and other works of art;
(7) Artistic works; and (8) Artistic works. > (E) film, television and video works;
(F) engineering design, product design drawings and their descriptions;
(G) maps, diagrams and other graphic works;
(H) computer software;
(IX) other works provided for by laws and administrative regulations.
Article 4: Works whose publication or dissemination is prohibited by law shall not be protected by this Law.
The exercise of copyright by copyright holders shall not violate the Constitution and laws, and shall not jeopardize the interests of the public ****.
Article 5 This Law shall not apply to:
(1) laws, regulations, resolutions, decisions, orders and other documents of a legislative, administrative or judicial nature of state organs, and their official translations;
(2) news of current affairs;
(3) calendars, numerical tables, general forms and formulas.
Article 6 The methods of copyright protection for folk literary and artistic works shall be separately provided by the State Council.
Article 7 Scientific and technological works that 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 administrative department of copyright under the State Council shall be in charge of the administration of copyright throughout the country; and the administrative department of copyright under the people's governments of provinces, autonomous regions and municipalities directly under the central government shall be in charge of the administration of copyright in its own administrative region.
Chapter II: Copyright
Section I: Copyright holders and their rights
Article 9: Copyright holders include:
(1) authors;
(2) other citizens, legal persons or unincorporated entities enjoying copyright in accordance with this Law.
Article 10: Copyright includes the following personal and property rights:
(1) the right to publish, i.e., the right to decide whether or not a work is to be made public;
(2) the right to sign, i.e., the right to indicate the author's identity and to sign his name to a work;
(3) the right to amend, i.e., the right to amend or authorize others to amend a work;
(4) the right to protect the integrity of a work, i.e., the right to protect a work from being damaged or destroyed by the use of the work. (d) the right to protect the integrity of the work, i.e. the right to protect the work from distortion or falsification;
(e) the right to use and the right to remuneration, i.e. the right to use the work by reproduction, performance, broadcasting, exhibition, distribution, filming, television, video, or by adapting, translating, commenting on, or editing the work; as well as the right to authorize other people to use the work in the above manner and to receive remuneration for such use.
Section 2: Attribution of Copyright
Article 11: Copyright belongs to the author, unless otherwise provided for in this Law.
A citizen who creates a work is the author.
If a work is created under the auspices of a legal person or an unincorporated entity, on behalf of the will of the legal person or the unincorporated entity, and the responsibility for the work is borne by the legal person or the unincorporated entity, the legal person or the unincorporated entity is regarded as the author.
In the absence of proof to the contrary, the citizen, legal person or unincorporated entity who signs his name to the work is the author.
Article 12 The copyright of a work resulting from the adaptation, translation, annotation or arrangement of an existing work shall be enjoyed by the person who adapts, translates, annotates or arranges the work, provided that the exercise of the copyright shall not infringe the copyright of the original work.
Article 13 The copyright of a work created by two or more persons in cooperation shall be enjoyed by the cooperative authors*** together. A person who does not participate in the creation of a work cannot be a co-author.
If a collaborative work can be used separately, the authors may enjoy separate copyright for the parts created by each of them, but the exercise of copyright shall not infringe the copyright of the collaborative work as a whole.
Article 14: The editor of an edited work shall enjoy the copyright, but the exercise of the copyright shall not infringe the copyright of the original work.
The author of a work that can be used separately in an edited work has the right to exercise his copyright separately.
Article 15 The authors of a film, television or video work, such as the director, scriptwriter, lyricist, composer and cameraman, 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 scripts, music and other works that can be used separately in a movie, television or video work have the right to exercise their copyright separately.
Article 16 A work created by a citizen for the purpose of accomplishing the work of a legal person or an unincorporated entity is a work of duty, and the copyright shall be enjoyed by the author except for the provisions of the second paragraph of this Article, provided that the legal person or the unincorporated entity has the right to prioritize the use of such work within the scope of its business. Within two years of the completion of the work, the author may not, without the consent of the unit, license a third person to use the work in the same way as the unit uses it.
The author of a work of duty in one of the following cases shall enjoy the right of authorship, and the other rights of copyright shall be enjoyed by the legal person or unincorporated entity, and the legal person or unincorporated entity may give the author a reward:
(a) engineering designs, product design drawings and their instructions, computer software, maps, and other works of duty which are created mainly by utilizing the material and technical conditions of the legal person or unincorporated entity, and for which the legal person or unincorporated entity bears responsibility, shall have the right of signature. Instructions, computer software, maps and other functional works;
(b) laws, administrative regulations or contractual agreement on the copyright of the legal person or unincorporated unit to enjoy the functional works.
Article 17: For works created on commission, the attribution of copyright shall be agreed upon by the commissioner and the commissioner through a contract. If the contract is not explicitly agreed upon or no contract is concluded, the copyright belongs to the entrustee.
Article 18 The transfer of 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 exhibit the original works of art shall be enjoyed by the owner of the original works.
Article 19: Where a copyright belongs to a citizen, the right to use his work and the right to receive remuneration shall be transferred in accordance with the provisions of the Law of Succession after the death of the citizen during the period of protection provided for in this Law.
If the copyright belongs to a legal person or an unincorporated entity, after the change or termination of the legal person or unincorporated entity, the right to use the work and the right to receive remuneration for the work shall be enjoyed by the legal person or unincorporated entity that has assumed the rights and obligations of the legal person or the unincorporated entity within the period of protection as stipulated in this Law; if there is no legal person or unincorporated entity that has assumed the rights and obligations of the legal person or the unincorporated entity, the State shall enjoy the rights and obligations.
Section 3: Period of Protection of Rights
Article 20 The period of protection of the author's right of authorship, right of modification, and right to protection of the integrity of the work shall not be limited.
Article 21 The period of protection of the right to publish, the right to use and the right to receive remuneration for a citizen's work shall be for the lifetime of the author and for fifty years after his death, ending on December 31 of the fiftieth year after the author's death, or, in the case of a collaborative work, ending on December 31 of the fiftieth year after the death of the author who died last.
The period of protection for the right of publication, the right of use and the right to receive remuneration for the work of a legal person or an unincorporated entity, and for the work of a functionary whose copyright (except for the right of authorship) is enjoyed by a legal person or an unincorporated entity shall be fifty years and shall end on December 31st of the fiftieth year following the first publication of the work; however, the work shall no longer be protected by this Law if it has not been published within fifty years from the date of completion of its creation.
The period of protection for the right to publish, use and receive remuneration for cinematographic, television, video and photographic works shall be fifty years, ending on December 31st of the fiftieth year after the first publication of the work, provided that if the work has not been published within fifty years after its creation, it shall no longer be protected by this Law.
Section 4: Limitation of Rights
Article 22 The use of a work may be made without the permission of, or remuneration to, the copyright owner under the following circumstances, provided that the name of the author or the title of the work is specified, and the use of the work shall not infringe upon the other rights enjoyed by the copyright owner in accordance with this Law:
(1) The use of a work already published by another person for the purpose of personal study, research, or enjoyment;
(2) The use of a work already published by another person for personal study, research, or enjoyment.
(2) To introduce, comment on or explain a certain work, to quote appropriately from another person's published work;
(3) To quote from another person's published work in newspapers, periodicals, radio and television programs, or in news documentary films for the purpose of reporting current news;
(4) To publish or broadcast other works in newspapers, periodicals, radio and television programs. (d) publishing or broadcasting editorials or commentaries already published by other newspapers, periodicals, radio stations or television stations;
(e) publishing or broadcasting speeches made at public gatherings by newspapers, periodicals, radio stations or television stations, unless the author has declared that he is not allowed to do so;
(f) translating or copying in small quantities published works for the purpose of classroom teaching at schools or scientific research for use by teachers or researchers, but not for publication. (f) Translation or small-scale reproduction of published works for the purpose of classroom teaching or scientific research in schools for the use of teaching or researchers, but not for publication or distribution;
(g) Use of published works by state organs for the purpose of carrying out their official duties;
(h) Reproduction of published works for the purpose of display or preservation of editions in libraries, archives, memorials, museums, galleries, etc.
(ix) Performing of published works free of charge;
(x) Providing free performances of works set up or displayed in rooms;
(K) translating the published works of the Han Chinese language into minority languages for publication and distribution in China;
(XII) converting the published works into Braille for publication.
The above provisions apply to the restriction of the rights of publishers, performers, producers of sound and video recordings, and radio and television stations.
Chapter III: Contracts for the Licensing of Copyright
Article 23 The use of other people's works shall enter into a contract with the copyright owner or obtain a license, except for the provisions of this Law, which can be used without a license.
Article 24 The contract shall include the following main provisions:
(1) the manner of licensing the use of the work;
(2) whether the licensed right is exclusive or non-exclusive;
(3) the scope of the licensed use, the period of time;
(4) the standard and method of payment;
(5) the responsibility for breach of contract;
(6) the responsibility for breach of contract;
(7) the right of the copyright owner to use the work.
(6) Other contents that both parties think need to be agreed.
Article 25 The rights not expressly permitted by the copyright owner in the contract shall 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 may be renewed upon expiration.
Article 27 The standard of payment for the use of works shall be formulated by the administrative department of copyright under the State Council in conjunction with the relevant departments.
If otherwise agreed in the contract, remuneration can also be paid in accordance with the contract.
Article 28 Publishers, performers, producers of sound and video recordings, radio stations and television stations that have obtained the right to use the copyright of others in accordance with this Law shall not infringe upon the authors' rights of authorship, modification, protection of the integrity of the work, and the right to remuneration.
Chapter IV - Publication, Performance, Sound and Video Recording and Broadcasting
Section 1 - Publication of Books, Newspapers and Periodicals
Article 29 A book publisher who publishes a book shall enter into a contract of publication with the copyright owner and pay the remuneration.
Article 30 The book publisher of the work delivered by the copyright holder for publication, in the contractual period of time to enjoy the exclusive right of publication. The contractual agreement of the book publisher to enjoy the exclusive right of publication shall not exceed ten years, and the contract can be renewed at the end of the period.
Book publishers enjoy the exclusive right to publish during the contract period is protected by law, others may not publish the work.
Article 31 The copyright holder shall deliver the work in accordance with the agreed period of the contract. The book publisher shall publish the book in accordance with the quality and duration of the contract.
If a book publisher fails to publish a book within the agreed period of time, it 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 work after the book has been taken off the market, the copyright owner shall have the right to terminate the contract.
Article 32 If a copyright holder submits a work to a newspaper or a magazine, and does not receive a notice from the newspaper within fifteen days from the date of dispatch of the work to be published, or does not receive a notice from the magazine within thirty days from the date of dispatch of the work to be published, he/she may submit the same work to other newspapers or magazines. Unless otherwise agreed by both parties.
After the publication of the work, except for the statement of the copyright holder shall not be reproduced, excerpts, other newspapers and magazines can be reproduced or published as a digest, information, but shall pay remuneration to the copyright holder in accordance with the provisions.
Article 33 The publisher of a book may, with the author's permission, modify or abridge the work.
Newspapers and magazines can make textual modifications and abridgements of the work, and the modification of the content shall be authorized by the author.
Article 34 The publication of works resulting from the adaptation, translation, annotation, organization and editing of existing works shall pay remuneration to the copyright owner of the adapted, translated, annotated, organized and edited work and the copyright owner of the original work.
Section 2: Performances
Article 35 Performers (actors and actresses) shall obtain the permission of the copyright owner to use the unpublished works of others in their performances, and shall pay remuneration.
Performers may use the published works of others for commercial performances without the permission of the copyright owner, but shall pay remuneration in accordance with the provisions of the copyright; the copyright owner shall not be allowed to use the statement shall not be used.
A performer who uses a work produced by adapting, translating, annotating or organizing an existing work for a commercial performance shall pay remuneration to the copyright owner of the adapted, translated, annotated or organized work and to the copyright owner of the original work in accordance with the regulations.
Where a performer uses another person's work for the production of sound and video recordings and performances for radio and television programs, the provisions of Articles 37 and 40 of this Law shall apply.
Article 36 A performer shall enjoy the following rights in respect of his performance:
(1) to indicate the identity of the performer;
(2) to protect the image of the performance from distortion;
(3) to license others to broadcast from the scene;
(4) to license others to make sound recordings and video recordings for profit-making purposes and to receive remuneration for the same.
Section III: Sound Recording
Article 37 A sound recording producer shall obtain permission from the copyright owner to use another person's unpublished work to make a sound recording and pay remuneration. The use of published works of others to make sound recordings can be made without the permission of the copyright owner, but shall pay remuneration in accordance with the provisions; the copyright owner shall not be allowed to use the statement shall not be used.
Video producers shall obtain the permission of the copyright owner to use the works of others to make video recordings, and pay remuneration.
The producer of audiovisual recordings shall pay remuneration to the copyright owner of the work adapted, translated, annotated or organized, and to the copyright owner of the original work, for the use of the work resulting from the adaptation, translation, annotation or organization of the work.
Article 38 A producer of sound and video recordings shall enter into a contract with the performer for the production of sound and video recordings and pay remuneration.
Article 39 A producer of sound and video recordings shall have the right to license the reproduction and distribution of the sound and video recordings produced by the producer and to receive remuneration. The period of protection of this right shall be fifty years, ending on December 31 of the fiftieth year after the first publication of the work.
The producer of sound and video recordings licensed for reproduction and distribution shall also pay remuneration to the copyright owner and the performer in accordance with the regulations.
Section 4: Broadcasting by Radio and Television Stations
Article 40 A radio or television station shall obtain the permission of the copyright owner to use another person's unpublished work to produce a radio or television program and pay remuneration.
Radio and television stations may use the published works of others to produce radio and television programs without the permission of the copyright owner, but the copyright owner declares that it shall not be allowed to use the use of; and in addition to the provisions of this Law can be paid without remuneration, shall pay remuneration in accordance with the provisions.
Radio and television stations shall pay remuneration to the copyright owner of the adapted, translated, annotated or arranged work and the copyright owner of the original work for the production of radio and television programs using the work resulting from the adaptation, translation, annotation or arrangement of the existing work.
Article 41 The radio and television stations to produce radio and television programs shall enter into contracts with the performers and pay remuneration.
Article 42 Radio and television stations shall enjoy the following rights in respect of the radio and television programs they produce:
(1) to broadcast;
(2) to license others to broadcast and receive remuneration;
(3) to license others to reproduce and distribute the radio and television programs they produce and receive remuneration.
The rights provided for in the preceding paragraph shall be protected for a period of fifty years, ending on December 31 of the fiftieth year after the first broadcast of the program.
The producer of sound and video recordings licensed for reproduction and distribution shall also pay remuneration to the copyright owner and the performer in accordance with the regulations.
Article 43 A radio or television station that broadcasts a published phonogram on a non-commercial basis may do so without the permission of the copyright owner, the performer, or the producer of the phonogram, and without paying remuneration to them.
Article 44 Television stations broadcasting other people's films, television and video, shall obtain permission from the film, television producers and video producers, and pay remuneration.
Chapter V Legal Liability
Article 45 Anyone who commits the following acts of infringement shall, depending on the circumstances, bear civil liability for stopping the infringement, eliminating the influence, making a public apology, and compensating for the damages:
(1) Publishing the work of a copyright holder without his/her permission;
(2) Publishing a work that has been created in collaboration with others as a work created by the copyright holder himself/herself, without his/her cooperation; or (c) without participating in the creation of a work, to gain personal fame and fortune, to sign the name of another person's work;
(d) distorting or falsifying another person's work;
(e) without the permission of the copyright owner, to use the work by way of performing, broadcasting, exhibiting, distributing, filming, televising, videotaping, or adapting, translating, commenting on, or editing the work. (e) Using a work by performing, broadcasting, exhibiting, filming, television, video or adapting, translating, annotating, editing, etc. without the permission of the copyright owner, unless otherwise provided for in this Law;
(f) using another person's work without paying remuneration in accordance with the regulations;
(g) broadcasting a performance from a live site without the authorization of the performer;
(h) other infringements of copyright and rights and interests related to copyright.
Article 46 Anyone who commits the following acts of infringement shall, depending on the circumstances, bear civil liabilities such as stopping the infringement, eliminating the influence, making public apologies and compensating for the losses, and may be given administrative penalties such as confiscation of unlawful gains, fines, etc., by the administrative department of copyright administration:
(1) plagiarizing or copying the works of others;
(2) reproducing and distributing the works of the copyright owner for the purpose of making a profit without his/her permission; and (B) without the permission of the copyright holder, for profit, reproduction and distribution of their works;
(C) publishing books for which others have exclusive publishing rights;
(D) without the permission of the performer, the production of audio-visual recordings of their performances published;
(E) without the permission of the producer of audio-visual recordings, reproduced and distributed their audio-visual recordings;
(F) without the permission of the broadcasting station, television station, reproduced and distributed their radio and television programs produced. (F) without the permission of the radio and television stations, the reproduction and distribution of radio and television programs produced by them;
(VII) the production and sale of works of art under the guise of another person's signature.
Article 47 If a party fails to fulfill its contractual obligations or the fulfillment of contractual obligations does not meet the agreed conditions, it shall bear civil liability in accordance with the relevant provisions of the General Principles of Civil Law.
Article 48 Copyright infringement disputes can be mediated, mediation or mediation fails to reach an agreement on a party's remorse, you can sue the people's court. If the parties do not want to mediate, they can also directly to the people's court.
Article 49: Disputes over copyright contracts can be mediated, or based on the arbitration clause in the contract or the written arbitration agreement reached after the fact, to apply for arbitration to the copyright arbitration organization.
The parties shall fulfill the arbitration award. If one of the parties does not fulfill the arbitration award, the other party may apply to the people's court for enforcement.
The people's court shall have the right not to enforce the arbitral award if it finds that the arbitral award is unlawful. If the people's court does not enforce, the parties can sue the people's court on the contract dispute.
The parties did not enter into the arbitration clause in the contract, and there is no written arbitration agreement, you can directly to the people's court.
Article 50 of the parties to the administrative penalty is not satisfied, you can receive the administrative penalty decision within three months to the people's court, the expiration of the period of time without prosecution and failure to fulfill, the copyright administration department can apply to the people's court for enforcement.
Chapter VI Supplementary Provisions
Article 51 The term "copyright" in this Law is synonymous with "copyright".
Article 52 The reproduction referred to in this Law refers to the act of making one or more copies of a work by means of printing, photocopying, copying, duplicating, topography, recording, videotaping, ripping and remaking.
Construction and production of industrial products in accordance with engineering design, product design drawings and their instructions are not considered reproduction under this Law.
Article 53 The protection of computer software shall be separately provided by the State Council.
Article 54 The implementing regulations of this Law shall be formulated by the copyright administration department of the State Council and shall come into force after approval by the State Council.
Article 55 The rights of copyright holders, publishers, performers, producers of sound and video recordings, and radio and television broadcasters provided for in this Law shall be protected in accordance with this Law if they have not yet exceeded the period of protection provided for in this Law on the date of enforcement of this Law.
Infringements or violations that occurred before the implementation of this Law shall be handled in accordance with the relevant regulations and policies at the time of the infringement or violation.
Article 56 This Law shall come into force on June 1, 1991.
Is it confidential? If the teacher confidentiality you say, not confidentiality you hold in your heart (after saying may be beaten)