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The Standing Committee of the National People’s Congress Copyright Law of the People’s Republic of China Order No. 58 [2001] of president October 27, 2001 (Adopted at the Fifteenth Session of the Standing Committee of the Seventh National People’s Congress on September 7, 1990,Amended ContentsChapter I General Provisions Chapter II Copyright Section 1 Copyright Owners and Their Rights Section 2 Ownership of Copyright Section 3 Term of Protection Section 4 Limitations on Rights Chapter III Contracts of Copyright Licensing and Contracts of Copyright Transfer Chapter IV Publication, Performance, Sound Recording, Video Recording and Broadcasting Section 1 Publication of Books, Newspapers and Periodicals Section 2 Performance Section 3 Sound Recording and Video Recording Section 4 Broadcasting by A Radio Station or Television Station Chapter V Legal Liabilities and Law Enforcement Measures Chapter VI Supplementary Provisions Chapter I General Provisions Article 1 This Law is enacted, in accordance with the Constitution for the purposes of protecting the copyright of authors in their literary, Article 2 Works of Chinese citizens, legal entities or other organizations, whether published or not, shall enjoy copyright in accordance with Any work of a foreigner or stateless person which enjoys copyright under an agreement concluded between the country to which the author Any work of a foreigner or stateless person published for the first time and within the territory of China shall enjoy copyright in Any work of an author from a country not having concluded an agreement with China or entered into an international treaty jointly Article 3 “Works” mentioned in this Law shall include works of literature, art, natural science, social science, engineering technology and (1) written works; (2) oral works; (3) musical, dramatic, quyi, choreographic and acrobatic art works; (4) works of fine art and architecture (5) photographic works; (6) cinematographic works and works created in a way similar to cinematography (7) drawings of engineering designs and product designs, maps, sketches and other graphic works as well as model works; (8) computer software; (9) other works as provided in laws and administrative regulations. Article 4 Works the publication or dissemination of which is prohibited by law shall not be protected by this law. Copyright owners, in exercising their copyright, shall not violate the Constitution or laws or infringe upon the public interests. Article 5 This Law shall not be applicable to: (1) laws, regulations, resolutions, decisions and orders of state organs; other documents of legislative, administrative or judicial nature; (2) news on current affairs; (3) calendars, numerical tables, forms of general use and formulas. Article 6 Regulations for the protection of copyright in expressions of folklore shall be separately established by the State Council. Article 7 The copyright administration department under the State Council shall be responsible for the nationwide administration of copyright. Article 8 Copyright owners and the obligees related to copyright may authorize a collective management organization of copyright to exercise A collective management organization of copyright shall be a non-profit organization, and the method of its establishment, its rights Chapter II Copyright Section 1 Copyright Owners and Their Rights Article 9 “Copyright owners” shall include: (1) authors; (2) other citizens, legal entities and organizations enjoying copyright in accordance with this Law. Article 10 “Copyright” shall include the following personal rights and property rights: (1) the right of publication, that is, the right to decide whether to male a work available to the public; (2) the right of authorship, that is, the right to claim authorship and to have the author’s name mentioned in connection with the work; (3) the right of alteration, that is, the right to alter or authorize others to alter one’s work; (4) the right of integrity, that is, the right to protect one’s work against distortion and mutilation; (5) the right of reproduction, that is, the right to produce one or more copies of the work by means of printing, Xeroxing, rubbing, sound (6) the right of distribution, that is, the right to provide the public with original copies or reproduced copies of works by means of (7) the right of lease, that is, the right to nongratuitously permit others to temporarily exploit a cinematographic work, a work created (8) the right of exhibition, that is, the right to publicly display the original copies or reproduced copies of works of fine art and (9) the right of performance, that is, the right to publicly perform works, and to publicly transmit the performance of works by various (10) the right of projection, that is, the right to make, by such technical equipment as projector, episcope, etc., the works of fine art, (11) the right of broadcasting, that is, the right to publicly broadcast or disseminate works by wireless means, to disseminate broadcast (12) the right of information network dissemination, that is, the right to provide the public with works by wired or wireless means, so (13) the right of production, that is, the right to fix works on the carrier by cinematography or in a way similar to cinematography; (14) the right of adaptation, that is, the right to modify a work for the purpose of creating a new work of original creation; (15) the right of translation, that is, the right to transform the language of a work into another language; (16) the right of compilation, that is, the right to choose or edit some works or fragments of works so as to form a new work; (17) other rights which shall be enjoyed by the copyright owners. A copyright owner may permit others to exercise the rights provided in Items (5) through (17) of the preceding paragraph, and may A copyright owner may wholly or partially transfer the rights provided in Items (5) through (17) of Paragraph 1 of this Article, and Section 2 Ownership of Copyright Article 11 Except otherwise provided in this Law, the copyright in a work shall belong to its author. The author of a work is the citizen who has created the work. Where a work is created according to the intention and under the supervision and responsibility of a legal entity or another organization, The citizen, legal entity or organization whose name is affixed to a work shall, without the contrary proof, be the author of the Article 12 Where a work is created by adaptation, translation, annotation or arrangement of a pre-existing work, the copyright in the work thus Article 13 Where a work is created jointly by two or more co-authors, the copyright in the work shall be enjoyed jointly by those co-authors. If a work of joint authorship can be separated into independent parts and exploited separately, each co-author shall be enpost_titled to Article 14 A work created by compilation shall refer to the work which is compiled of some works, fragments of works or the data or other materials Article 15 The copyright of a cinematographic work or a work created in a way similar to cinematography shall be enjoyed by the producer, while The authors of the screenplay, musical works and other works that are included in a cinematographic work or a work created in a way Article 16 A work created by a citizen when fulfilling the tasks assigned to him by a legal entity or another organization shall be deemed to In the following cases the author of a service work shall enjoy the right of authorship, while the legal entity or organization shall (1) drawings of engineering designs and product designs, maps, computer software and other service works, which are created mainly with (2) service works of which the copyright is, in accordance with the laws or administrative regulations or as agreed upon in the contract, Article 17 The ownership of copyright in a commissioned work shall be agreed upon in a contract between the commissioning and the commissioned Article 18 The transfer of ownership of the original copy of a work of fine art or another work shall not be deemed to include the transfer of Article 19 Where the copyright of a work belongs to a citizen, his rights in respect of the work as provided in Items (5) through (17) of Paragraph Where the copyright of a work belongs to a legal entity or another organization, its rights in respect of the work as provided in Section 3 Term of Protection Article 20 The rights of authorship, alteration and integrity of an author shall be unlimited in time. Article 21 In respect of a work of a citizen, the term of protection of the right of publication and of the rights provided in Items (5) through The term of protection of the right of publication and of the rights provided in Items (5) through (17) of Paragraph 1 of Article The term of protection of the right of publication and of the rights provided in Items (5) through (17) of Paragraph 1 of Article Section 4 Limitations on Rights Article 22 In the following cases, a work may be exploited without the permission from, and without payment of remuneration to, the copyright (1) use of a published work for the purposes of the user’s own private study, research or self-entertainment; (2) appropriate quotation from a published work in one’s own work for the purposes of introduction of, or comment on, a work, or demonstration (3) inevitable reappearance or citation of a published work in newspapers, periodicals, radio stations, television stations or other media (4) reprinting by newspapers or periodicals or other media, or rebroadcasting by radio stations or television stations or other media, (5) publication in newspapers or periodicals or other media, or broadcasting by radio stations or television stations or other media, (6) translation or reproduction, in a small quality of copies, of a published work for use by teachers or scientific researchers in classroom (7) use of a published work by a State organ within the reasonable scope for the purpose of fulfilling its official duties; (8) reproduction of a work in its collections by a library, archive, memorial hall, museum, art gallery or similar institution, for the (9) free of charge performance of a published work, that is, with respect to the performance, neither fees are charged from the public (10) copying, drawing, photographing, or video recording of an artistic work located or on display in an outdoor public place; (11) translation of a work published by a Chinese citizen, legal entity or organization, which is created in the Han language (Chinese), (12) translation of a published work into Braille and publication of the work so translated; The provisions in the preceding paragraph shall be applicable to the limitations on the rights of publishers, performers, producers Article 23 Anyone who compiles or publishes textbooks for the purpose of implementing the nine-year compulsory education or State education planning The provisions in the preceding paragraph shall be applicable to the limitations on the rights of publishers, performers, producers Chapter III Contracts of Copyright Licensing and Contracts of Copyright Transfer Article 24 Anyone who exploits a work created by another shall conclude a contract of licensing with the copyright owner, unless it is provided A contract of licensing shall include the following main contents: (1) the variety of the right to exploit the work covered by the license; (2) the exclusive or non-exclusive nature of the right to exploit the work covered by the license; (3) the territorial scope and term of the license; (4) the amount of the remuneration and the method of its payment; (5) the breach liability; (6) any other contents that both parties consider necessary. Article 25 Anyone who transfers any of the rights provided in Items (5) through (17) of Paragraph 1 of Article 10 of this Law shall conclude A contract of copyright transfer shall include the following main contents: (1) the name of the work; (2) the variety and territorial scope of the transferred right; (3) the transfer price; (4) the date and method of the delivery of the transfer price; (5) the breach liability; (6) any other contents that both parties consider necessary. Article 26 The licensee or the transferee shall not, without the consent of the copyright owner, exercise any right that the copyright owner Article 27 The standards of remuneration for the exploitation of a work may be either agreed upon by the parties concerned or be made by the Article 28 Publishers, performers, producers of sound recordings and video recordings, radio stations, television stations and other entities Chapter IV Publication, Performance, Sound Recording, Video Recording and Broadcasting Section 1 Publication of Books, Newspapers and Periodicals Article 29 A book publisher who publishes a book shall conclude a publishing contract with, and pay remuneration to, the copyright owner. Article 30 With respect to a work delivered to a book publisher by the copyright owner for publication, the exclusive right to publish the work Article 31 The copyright owner shall deliver the work within the term agreed upon in the contract. The book publisher shall publish the work The book publisher shall bear the civil liability provided in Article 53 of this Law if he fails to publish the work within the term The book publisher shall notify, and pay remuneration to, the copyright owner when the work is to be reprinted or republished. If Article 32 Where a copyright owner has submitted the manuscript of his work to a newspaper or a periodical publisher for publication and has Except where the copyright owner has declared that reprinting or excerpting is not permitted, other newspaper or periodical publishers Article 33 A book publisher may alter or abridge a work with the permission from the copyright owner. A newspaper or periodical publisher may make editorial modifications and abridgments in a work, but shall not make modifications in Article 34 When publishing works created by adaptation, translation, annotation, arrangement or compilation of pre-existing works, the publisher Article 35 A publisher shall be enpost_titled to permit others to exploit the format design of a published book or periodical of his or prohibit others The term of protection of the right provided in the preceding paragraph shall be ten years, expiring on December 31 of the tenth year Section 2 Performance Article 36 A performer (an individual performer or a performing group) who for a performance exploits a work created by another shall obtain A performer who for a performance exploits a work created by adaptation, translation, annotation or arrangement of a pre-existing Article 37 A performer shall, in relation to his performance, enjoy the rights: (1) to show his/her identity; (2) to protect the character in his performance from distortion; (3) to authorize others to make live broadcasts or to publicly transmit his live performance, and to receive remuneration for it; (4) to authorize others to make sound recordings and video recordings, and to receive remuneration for it. (5) to permit others to reproduce and distribute the sound recordings or video recordings which record his performance, and to receive (6) to permit others to disseminate his performance to the public through information network, and to receive remuneration for it. Anyone who is permitted to exploit the works in the ways provided in Items (3) through (6) of the preceding paragraph shall also obtain Article 38 The term of protection of the rights provided in Items (1) and (2) of Paragraph 1 of Article 37 of this Law shall not be limited. The term of protection of the rights provided in Items (3) through (6) of Paragraph 1 of Article 37 of this Law shall be fifty years, Section 3 Sound Recording and Video Recording Article 39 A producer of sound recordings or video recordings who, for the production of a sound recording or video recording, exploits a work A producer of sound recordings or video recordings who exploits a work created by adaptation, translation, annotation or arrangement A producer of a sound recording who, for the production of a sound recording, exploits a musical work which has been lawfully recorded Article 40 When producing a sound recording or video recording, the producer shall conclude a contract with, and pay remuneration to, the performers. Article 41 A producer of sound recordings or video recordings shall have the right to permit others to reproduce, distribute, lease and disseminate A producer of sound recordings or video recordings who is permitted to reproduce, distribute, lease or disseminate to the public through Section 4 Broadcasting by A Radio Station or Television Station Article 42 A radio station or television station that broadcasts an unpublished work created by another shall obtain permission from and pay A radio station or television station that broadcasts a published work created by another does not need to obtain permission from, Article 43 A radio station or television station that broadcasts a published sound recording does not need to obtain permission from, but shall Article 44 A radio station or te
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