Implementing Regulations of the Copyright Law of P.R. China

Time:2008-11-06   Source:

Article 1 These implementing Regulations are formulated pursuant to the Copyright Law of the People’s Republic ofChina(hereafter referred to as the law).

Article 2 The term works used in the Law shall mean original intellectual creations in the literary, artistic and scientific domain, insofar as they are capable of being reproduced in a certain tangible form.

Article 3 The term creation mentioned in the Law shall mean intellectual activities from which literary, artistic and scientific works directly result.

The provision of consultations, material means or other supporting services for others in their creative activities shall not be deemed as acts of creation.

Article 4 The works as mentioned in the Law and the Regulations shall mean the following:

(1)  written works are works expressed in written form, such as novels, poems, essays and thesis, etc.

(2)  oral works are works which are created in spoken words such as impromptu speeches, lectures and court debates, etc.

(3)  music works are such works as symphonic works and songs, with or without accompanying words, which can be sung or performed;

(4) dramatic works are such works as dramas, operas and local art forms which are used for stage performance;

(5)  quyi works include such works as Xiangsheng (cross talk), kuaishu (clapper talk), dagu (ballad singing with drum accompaniment) and pingshu (story-telling based on classic novels), which are all used mainly for being performed in a way involving recitation, singing, or both;

(6)  choreographic works are works which are or can be expressed in successive body movements, gestures and facial movements;

(7)  acrobatic art works are such works as acrobatics, magic and circus which can be expressed in body movements and in technique way;

(8)  works of fine art are two-or three-dimensional works created in lines, colors or other medium which, when being viewed, impart aesthetic effect, such as paintings, works of calligraphy, sculptures and works of architecture;

(9)  architectural works are works which are works in architectural building or expressed in similar format, when being viewed, impart aesthetic effect; 

(10) photographic works are the kind of artistic works created by recording images on light-sensitive materials with the aid of devices;

(11) cinematographic works and works which are created in analogous shooting cinematographic works are works consisting of a series of related images which, when shown in succession, impart an impression of motion with the aid of suitable devices, together with accompanying sounds or not;

(12) pictorial works are such works as drawings of engineering designs and product designs which are designed for the purpose of actual construction and manufacturing, and maps, sketches and other graphic works showing geographic phenomena and demonstrating the fundamentals or the structure of a thing;

(13) model works are three-dimensional works which are drawn to certain scale according to format and structure of a thing for the purpose of exhibition, testing and viewing;

Article 5 As used in the Law and this Regulations, the following terms mean the following:

(1)  news on current events refers to the mere facts or happenings conveyed by newspapers, periodicals and radio and television programs;

(2)  sound recordings refer to the recordation of any sounds of performance and others;

(3)   video recordings refer to the recordation of a series of related images, with or without accompanying sounds, other than analogous cinematographic works;

(4)   producer of sound recording refers to the first original person who makes sound recordings;

(5)   producer of video recording refers to the first original person who makes video recordings;

(6)  performer refers to an actor or any other person who performs literary and artistic works. 

Article 6 Copyright shall be protected on the date when a work is created.

Article 7 The work of a foreigner or person without nationality as promulgated by the third section of Article 2 of the Law which is first published in theterritoryofChinashall be protected on the date when the work is first published.

Article 8 The work of a foreigner or person without nationality which is published in theterritoryofChinawithin 30 days after first published outsideChinashall be deemed published inChinaat same time.

Article 9 Copyright of the joint work which can’t be used separately shall be owned by joint authors and exercised by unanimous agreement; where joint authors failed to reach an agreement and without reasonable reasons, any party may not prevent the other parties from exercising the said copyright except transfer right, but the gaining from exercising the said copyright shall be allocate to all joint authors reasonably.

Article 10 Where the copyright owner has authorized others to make cinematographic work or analogous cinematographic works based on his works, it is deemed that he has permitted them to make necessary alteration of his works, insofar as such alteration does not distort or mutilate the original work.

Article 11 The work commission mentioned in first paragraph of Article 16 of the Law regarding employment works shall mean duties the citizen shall perform in his legal entity or organization.

The material and technical resources mentioned in second paragraph of Article 16 of the Law regarding employment works shall mean the funds, equipments or materials provided expressly for the creation of a work.

Article 12 Within two years after the creation of the employment work, the author may, with the permission of the entity to which he belongs, permit a third party to use the work in the same manner as the entity may have done. Remunerations thus obtained shall be divided between the author and the entity according to agreed proportions.

The aforementioned two years period after the creation of the work shall be calculated from the date on which the work concerned was submitted to the entity.

Article 13 In the case of a work of an unknown author, the copyright, except the right of authorship, shall be exercised by the lawful holder of the original copy of the work. Where the author has been identified, the copyright shall be exercised by the author or his heir in title.

Article 14 In the case where one of the co-authors of a work of joint authorship dies without heir in title or other bequeathed beneficiary, the right of exploitation and the economic rights he enjoyed in the work shall be exercised by other co-authors.

Article 15 The right of authorship, right of revision and right of integrity shall, after the death of the author, be protected by the heir in title and other bequeathed beneficiary.

Article 16 The using of copyright enjoyed by the State shall be managed by the State Council copyright administration departments.

Article 17 In the case of posthumous works, the right of publication may be exercised by the author’s heir in title or other bequeathed beneficiary within a period of fifty years, unless the author expressly had stated otherwise. In the absence of an heir in title or other bequeathed beneficiary, the above-mentioned right shall be exercised by the lawful holder of the original copy of the work.

Article 18 In the case of a work of an unknown author, the protection term in relation to the rights as mentioned by item 5 to item 17 of first paragraph of Article 10 of the Law shall be fifty years ending on December 31 of the fiftieth year after the first publication of the work. Article 21 of the Law shall be applicable after the author of the work has been identified.

Article 19 Anyone uses works owned by others shall show clearly name of the author and title of the work; but exceptions if involved party has another agreement or can’t show clearly due to special character of using the work;

Article 20 A published work as mentioned in the Law refers to a work which has been made available by the copyright owner to the public by means stipulated in the Law.

Article 21 The use of published works with no need permission from copyright owner by provisions concerned of the Law shall not harm the normal exploitation of the work concerned and shall not unreasonably prejudice the legitimate interests of the copyright owner.

Article 22 The remuneration standard of using works under the Article 23, the second paragraph of Article 32 and the third paragraph of Article 39 of the Law will be made and promulgated by the State Council copyright administration department jointly with the State Council price authority.

Article 23 Anyone who uses copyrighted work of others shall establish license agreement with copyright owner, where the right licensed to use is exclusive right of exploitation, such agreement shall be made in written form, except in cases where works are to be published by newspapers or periodicals.

Article 24 The contents of exclusive right of exploitation as mentioned by the Article 24 of the Law shall be stipulated by the contract, no stipulations in the contract or in default of a clear indication in the contract, shall be deemed that the licensee has the right to prevent any other person, including the copyright owner, from using the work in the same way. However, the sublicensing of the same right to a third party shall be subject to permission by the copyright owner, unless the contract parties agreed otherwise.

Article 25 The licensing to use contract, contract of copyright transfer with the copyright owner may be subject to copyright administration department for record.

Article 26 Rights related to copyright, as mentioned in the Law and this Regulations, mean the right enjoyed by publishers in their publication designs of books and periodicals, the right enjoyed by performers in their performances, the right enjoyed by producers of audio and video recordings in their products and the right enjoyed by radio and television stations in their broadcasts.

Article 27 Publishers, performers, producers of audio and video recordings and radio and television stations, in the course of exercising their rights, shall not prejudice the right of the copyright owner of the works being used and of the original work.

Article 28 In the case where exclusive publishing right was agreed but didn’t make definite about details in the book publishing contract, shall be deemed that the publisher has right to publish, within the term of validity of and the territory of execution defined by the contract, a work in its original language and in the form of original edition, revised version.

Article 29 The state of being out of print in relation to a work mentioned in Article 31 of the Law shall be established if a period of six months, after two subscription forms were mailed by the author to the publisher, expires without action being taken to satisfy the subscription.

Article 30 To object to the reprinting or extracting of his work by virtue of the second paragraph of Article 32 of the Law, the copyright owner is required to make a statement to that effect at the same time when the work is first published in a newspaper or a periodical.

Article 31 To object to making audio product of his work by virtue of the third paragraph of Article 39 of the Law, the copyright owner is required to make a statement to that effect at the same time when his work is legally recorded as a sound product.

Article 32 To use works of other persons by virtue of the Article 23, the second paragraph of Article 32, the third paragraph of Article 39 of the Law, the user shall pay remuneration to the copyright owner within two month since the date he used the work.

Article 33 The performances made by foreigners or persons without nationality shall be protected under the Law.

The rights enjoyed by foreigners or persons without nationality to their performances under international treaties to whichChinaalready joined are protected under the Law.

Article 34 Sound recording products which are made by foreigners or persons without nationality in theterritoryofChinaare subject to protection of the Law.

The rights enjoyed by foreigners or persons without nationality to their sound recording products are subject to protection of the Law.

Article 36 The infringing acts as mentioned in the Article 47 of the Law, meanwhile harm social common interests, copyright administration departments may no more than three times fines of illegal revenues.

Article 37 The infringing acts as mentioned in the Article 47 of the Law, meanwhile harm social common interests, shall be responsible by local copyright administration departments.

The State Council Copyright Administration Department may investigate and handle infringing acts that are of nationwide influence.

Article 38 These Implementing Regulations shall enter into force on September 15, 2002. The old Implementing Regulations approved by the State Council on May 24, 1991 is abolished at the same time.

 (Issued by Premier Zhu Rongji on August 2, 2002, effective as of September 15, 2002)