(Effective Date:1992.09.30–Ineffective Date:)
Article 1 These Provisions are formulated to implement the international copyright treaties and to protect the legitimate rights and interests Article 2 With regard to the protection of foreign works, the Copyright Law of the People’s Republic of China (hereinafter referred to as “the Article 3 The “international copyright treaties” mentioned in these Provisions refers to the Berne Convention for the Protection of Literary Article 4 Foreign works mentioned in these Provisions shall include: (1) works of which the author or one of the co-authors or the other owner of copyright or one of the co-owners of copyright is a national (2) works of which the author is not a national or a permanent resident of a country party to international copyright treaties but (3) Works created by others by commission from a Chinese-foreign equity joint venture, a Chinese-foreign contractual joint venture Article 5 With regard to the term of protection for unpublished foreign works, the provisions of Articles 20 and 21 of the Copyright Law shall Article 6 In the case of foreign works of applied art, the term of protection shall be 25 years commencing from the creation of the works. The preceding paragraph, however, shall not apply to the works of fine arts, including designs of cartoon characters, used in industrial Article 7 Foreign computer programmes shall be protected as literary works, shall not be subject to registration and shall enjoy a term of Article 8 Foreign works created by compiling non-protected materials shall be protected in accordance with the provisions of Article 14 of Such protection, however, shall not preclude others from using the same materials to create works of compilation. Article 9 Foreign video recordings shall be protected as cinematographic works to the extent that international copyright treaties treat them Article 10 Prior authorization of the copyright owners shall be required if a published foreign work created in Chinese is to be translated Article 11 Copyright owners of foreign works have the right to authorize others to perform before the public their works in any manner and by Article 12 Copyright owners of foreign cinematographic works, television works and works of video recordings have the right to authorize others Article 13 Prior authorization of the copyright owner shall be required for newspapers and periodicals to reprint a foreign work, except the Article 14 Copyright owners of foreign works may authorize or prohibit rental of copies of their works after authorizing others to distribtute Article 15 Copyright owners of foreign works have the right to prohibit the importation of the following types of copies of their works: (1) infringing copies; (2) copies coming from a country where their works are not protected. Article 16 In the case of public performance, recording and broadcasting of foreign works, the provisions of the Berne Convention shall apply. Article 17 Foreign works which, at the date on which the international copyright treaties enter into force in China, have not fallen into the The preceding paragraph shall not apply to the uses of foreign works that had taken place before the international copyright treaties A Chinese citizen or legal person who owned and used a particular copy of a foreign work for a particular purpose before the entry The application of the foregoing three paragraphs shall be subject to the provisions of the bilateral agreements on copyright concluded Article 18 Articles 5, 12, 14, 15, and 17 of these Provisions shall also apply to sound recordings. Article 19 Where pre-existing administrative regulations relating to copyright conflict with these Provisions, these Provisions shall apply. Article 20 The implementation in China of the international copyright treaties shall be the responsibility of the National Copyright Administration Article 21 The interpretation of these Provisions shall be the responsibility of the National Copyright Administration of China. Article 22 These Provisions shall enter into force as of September 30, 1992.
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