Implementing
Regulations of The Copyright Law of
the People’s Republic of China
Issued by Premier Zhu Rongji on August 2, 2002,
effective as of September 15, 2002
Article 1 These implementing Regulations are formulated
pursuant to the Copyright Law of the People’s Republic of China (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 ina 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
programmes;
(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 the territory of China shall 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 the territory of China within 30 days after first
published outside China shall be deemed published in China at 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
behested 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 behested
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
behested beneficiary within a period of fifty years, unless the author
expressly had stated otherwise. In the absence of an heir in title or other
behested beneficiary, the said 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
productof 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 which China already joined are
protected under the Law.
Article 34 Sound recording products which are made by foreigners or
persons without nationality in the territory of China are 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.
