The people's republic of chinaIntellectual property lawIt's the only thing that's going on
Chapter i general provisions
Article 1CopyrightThe act is based on the constitution by encouraging the creation and dissemination of works that benefit socialist spiritual and material civilizations, and promoting the development and prosperity of socialist cultural and scientific causes。
Article 2 works of chinese citizens, legal persons or illegal persons, whether published or not, enjoy copyright rights in accordance with this law. The work of foreigners is first published in china and has the right to copyright in accordance with this law。
The rights of authors of works published by foreign nationals in china are protected by this law in accordance with agreements concluded between their countries and china or international treaties to which they are parties。
Article 3 - works within the meaning of this law, including literary, artistic and natural sciences, social sciences, engineering, etc., which are made in the following forms:
(i) written works;
(ii) oral works;
(iii) musical, dramatic, musical and dance works;
(iv) fine arts, photography;
(v) film, television, video works;
(vi) engineering, product design drawings and their description;
(vii) graphical works such as maps, diagrams, etc.;
(viii) computer software;
(ix) other works provided for by law and administrative regulations。
Article 4. The publication and dissemination of works is prohibited by law and is not protected by this act. Copyright holders may exercise their copyrights without violating the constitution and laws and without prejudice to the public interest。
Article 5 this law does not apply to:
(i) laws, regulations, resolutions, decisions, orders and other documents of the state organs of a legislative, administrative or judicial nature, as well as official translations thereof;
(ii) current affairs news;
(iii) calendar, tabulation, common tables and formulae。
Article 6. The protection of copyright for works of folklore and art is regulated separately by the state council。
Article 7. The provisions of laws such as patent law, technical contract law, etc., which should be protected by law in scientific and technical works, apply。
Article 8. The department of copyright administration of the state council is responsible for the administration of copyright throughout the country, while the department of copyright administration of the people's governments of the provinces, autonomous regions and municipalities directly under the central government is responsible for the administration of copyright in the region。
Chapter ii. Copyright
Section i authors and their rights
Article 9 author rights holders include:
(i) author;
(ii) other citizens, legal persons or illegal entities having copyright rights under this act。
Copyright includes the following personal and property rights:
(i) the right to publish, i. E. The right to decide whether the work is made public;
(ii) the right to sign, i. E. The right to identify the author and to sign the work;
(iii) the right to modify, i. E. The right to modify or authorize others to modify a work;
(iv) protection of the right to the integrity of the work, i. E. The right to protection against distortion or alteration;
(v) the right to use and receive remuneration, i. E. The right to use a work by means of reproduction, performance, play, exhibition, distribution, film, television, video or adaptation, translation, annotation, editing, etc.; and the right to license another person
(c) the right to use the work in the manner described above and to receive remuneration accordingly。
Section ii. Attribution of copyrights
Copyright belongs to the author, except as otherwise provided in this law. The author is a citizen. A work which is carried out by a legal person or an illegal person unit and is created on behalf of the will of the legal person or an illegal person unit and for which the legal person or an illegal person unit is responsible, is regarded as an author. In the absence of proof to the contrary, the author is a citizen, a legal person or an illegal entity under the signature of a work。
Article 12. The authorship of works resulting from the adaptation, translation, comment or organization of existing works shall be enjoyed by the author, provided that the exercise of copyright shall not infringe on the authorship of the original work。
Article 13. Copyright rights are enjoyed jointly by co-authors of works produced by two or more persons. The author cannot be a co-author without the author. Cooperative works may be used separately, and authors may have individual copyrights for their respective parts of creation, but the exercise of copyrights may not infringe on the collective copyrights of cooperative works。
Article 14 - editorial rights are enjoyed by editors, but copyright rights may not be exercised in a manner that infringes on the copyright of original works. Authors of separately usable works of edited works are entitled to exercise their copyrights individually。
Article 15: authors of films, television, video works, directors, writers, writers, composers, photographers, etc. Shall have the right to sign and other rights of copyright shall be enjoyed by producers of films, television, videos, etc。
Authors of individual works such as films, television, videos, scripts, music, etc., are entitled to exercise their copyrights alone。
Article 16. A work created by a citizen for the purpose of carrying out the work of a legal person or an illegal person is a work of an official character and, with the exception of the provisions of paragraph 2 of this article, the right to copyright is enjoyed by the author, provided that the legal person or an illegal person is entitled to use it as a priority within the scope of his or her business. Within two years of the completion of the work, the author may not permit a third person to use the work in the same manner as the unit。
The author shall have the right to sign any work performed by a legal person or an illegal person in respect of which he or she is entitled and shall be entitled to an award:
(i) job works such as engineering designs, product design drawings and their descriptions, computer software, maps, etc., which are mainly created using the material and technical conditions of a legal person or an illegal person unit and for which the legal person or illegal person unit is responsible;
(ii) by law, administrative law or contract, the right to work is enjoyed by a legal or illegal person。
Article 17. The attribution of copyright to works commissioned is contracted between the client and the trustee. Where the contract is not expressly agreed upon or concluded, copyright is vested in the trustee。
Article 18. The transfer of ownership of original works of art, etc., is not considered to be a transfer of copyright, but the right to exhibit the original works of art is enjoyed by the original owner。
Article 19: copyright rights belong to citizens, whose rights to use their works and to receive remuneration after death are transferred during the period of protection provided for in this law in accordance with the provisions of the law on inheritance。
The right to copyright belongs to a legal person or an illegal person unit, the right to use and receive remuneration for the work of which the legal person or illegal person unit has changed or terminated, during the period of protection provided for by this act, is enjoyed by a legal person or illegal person unit that has assumed its rights or obligations; and the right of a legal person or illegal person unit that has not assumed its rights or obligations is enjoyed by the state。
Section iii. Period of protection of rights
Article 20. The right of authors to sign, to modify and to protect the integrity of their work is not limited。
(a) article 21 - the right to publish, to use and to receive remuneration shall be protected for the author's life and 50 years after his death, until 31 december, the fifth decade after his death; in the case of collaborative works, 31 december of the fifth decade after the death of the author. The act no longer protects works of legal or illegal persons, works of which a legal person or an illegal person has the right to work (other than the right to sign) and works of which a legal person or an illegal person has the right to publish, use and receive remuneration, for a period of fifty years, until 31 december, the fifty-first anniversary of the first publication of the work, but which has not been published within fifty years of the completion of the work itself. The right to publish, use and receive remuneration for films, television, videos and photographic works is protected for a period of 50 years, until 31 december of the fifty-first anniversary of their first publication, but not after the completion of their own creation。
Section iv limitations on rights
Article 22: no remuneration may be paid to copyright holders for the use of a work without their permission, provided that the author's name, the name of the work and the other rights of copyright holders under this act are not violated:
(i) use of works already published by others for personal study, research or appreciation;
(ii) to make appropriate references to work already published by others for the purpose of introducing, commenting on or describing a work;
(iii) citing published works in newspapers, periodicals, radio, television programmes or news documentary films for current affairs news;
(iv) newspapers, periodicals, radio stations and television stations publish or broadcast editorials and commentators already published in other newspapers, periodicals, radio stations and television stations;
(v) speeches made at public meetings are published or broadcast in newspapers, periodicals, radio and television stations, except when the author states that it is not permitted;
(vi) for teaching or scientific research in the school classroom, translation or a small number of copies of published works for use by teaching or scientific staff, but not for publication;
(vii) the use by state organs of published works in the exercise of their official duties;
(viii) reproduction of works in the collections of libraries, archives, memorials, museums, galleries, etc. For presentation or preservation purposes;
(ix) performance of published works free of charge;
(x) the preparation, painting, photography and video recording of works of art in public places located or displayed outside the room;
(xi) the translation into national minority languages of published chinese works;
(xii) replace published works with braille。
The above provisions apply to restrictions on the rights of publishers, performers, audio and video producers, and radio and television stations。
Chapter iii copyright licence contracts
Article 23 the use of a work of another person shall be subject to contract or authorization with the author, except to the extent that this act provides for non-licensed use。
Article 24 the contract consists of the following main terms:
(i) the manner in which the work is licensed;
(ii) the right to licence is exclusive or non-exclusive;
(iii) the extent and duration of the licence;
(iv) remuneration standards and schemes;
(v) liability for breach of contract;
(vi) such other elements as the parties deem necessary。
Article 25. The rights of the author of a contract that are not expressly authorized by the author may not be exercised by the other party without the consent of the author。
Article 26: the duration of a contract shall not exceed ten years. The contract may be renewed upon expiry。
Article 27 wages for the use of works are established by the department of state's copyright administration in conjunction with the relevant departments. If otherwise agreed in the contract, remuneration may also be paid in accordance with the contract。
Article 28 a publisher, performer, audio- and video producer, radio station, television station, etc. Who acquires the copyright of another person in accordance with this act shall not infringe upon the author's right to sign, modify, protect the integrity of the work and receive remuneration。
Chapter iv publications, performances, audio and video recording, play
Section i. Publication of books, newspapers
Article 29 book publishers shall enter into publishing contracts with authors and pay remuneration。
Article 30 book publishers have exclusive rights to publish works submitted to their authors during their contractual period. The contract provides that the publisher's exclusive right to publish shall not exceed ten years and that the contract may be renewed. The exclusive publication rights of book publishers during their contractual period are protected by law, and no one may publish the work。
Article 31 authors of works shall deliver the work within the contractual period. Book publishers shall publish books according to the quality and duration of their publication as contracted。
Book publishers who do not publish within the agreed time limit shall be subject to civil liability in accordance with article 47 of this law. If a book publisher reprints or reproduces a work, the author shall be notified and paid. When books are cancelled, the publisher refuses to reprint or reprint them, and the author has the right to terminate the contract。
Article 32. The same work may be submitted to another newspaper or magazine if it has not been published within fifteen days from the date of the publication of the document or within thirty days from the date of its dispatch. Unless otherwise agreed by the parties. When a work is published, other newspapers may reproduce or publish it as digests, except when the author declares that it may not be reproduced or summarized, provided that the author is paid the remuneration prescribed。
Article 33 book publishers may, with the permission of the author, modify and delete works. Newspapers and magazines may make editorial changes and delete sections of their works, and changes in content should be authorized by the author。
Article 34. The author or authors of an adaptation, translation, annotated, organized or edited work shall be paid a remuneration for the adaptation, translation, annotated, organized or edited work and the original work。
Section ii. Performance
Article 35 performers (actresses, performance units) who use unpublished works of others shall obtain permission from the author and pay remuneration. Performers who use the published works of others for their business performances may be paid without the permission of the author, but according to the rules; the author declares that the use is not permitted. Performers who use the work of adaptation, translation, annotated, organized work shall be paid, in accordance with the rules, for the work of adaptation, translation, annotated, organized work and original work. This law applies to performers who use the works of others for the production of audio-visual and radio and television programmes。
Articles 37 and 40。
Article 36 performers have the following rights to perform:
(i) identify the performer;
(ii) to protect the image of the performance from distortion;
(iii) permitting others to broadcast live;
(iv) licensing and remuneration of audio- and video-tapes for profit。
Section iii. Sound and video recordings
