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, artistic and scientific works and the copyright-related
rights and interests, of encouraging the creation and dissemination
of works which would contribute to the construction of socialist
spiritual and material civilization, and of promoting the development
and prosperity of the socialist culture and science.
Article 2 Chinese citizens, legal entities or other organizations
shall enjoy copyright for their works, whether published or not,
in accordance with this Law.
Any work of a foreigner or stateless person which is eligible
to enjoy copyright under an agreement concluded between the country
to which the foreigner belongs or in which he has habitual residence
and China, or under an international treaty to which both countries
are party, shall be protected in accordance with this Law.
Foreigners or stateless persons first published works in the territory
of the People's Republic of China shall enjoy copyright for such
works in accordance with this Law.
Any work of a foreigner who belongs to a country which has not
concluded an agreement with China or which is not a party to an
international treaty with China, or a stateless person first published
in an country which is a party to an international treaty with
China or in such a member state and nonmember state, shall be
protected in accordance with this Law.
Article 3 For the purposes of this Law, the term "works"
includes works of literature, art, natural science, social science,
engineering technology and the like which are expressed in the
following forms:
(1) written works;
(2) oral works;
(3) musical, dramatic, quyi', choreographic and acrobatic works;
(4) works of fine art and architecture;
(5) photographic works;
(6) cinematographic works and works created by virtue of an analogous
method of film production;
(7) drawings of engineering designs, and product designs; maps,
sketches and other graphic works and model works;
(8) computer software;
(9) other works as provided for in laws and administrative regulations.
Article 4 Works the publication or distribution of which is prohibited
by law shall not be protected by this Law.
Copyright owners, in exercising their copyrights, shall not violate
the Constitution or laws or prejudice the public interests.
Article 5 This Law shall not be applicable to:
(l) laws, regulations, resolutions, decisions and orders of State
organs, other documents of a legislative, administrative or judicial
nature, and their official translations;
(2) news on current events; and
(3) calendars, numerical tables and forms of general use, and
formulas.
Article 6 Regulations for the protection of copyright in expressions
of folklore shall be established separately by the State Council.
Article 7 The copyright administration department under the State
Council shall be responsible for the nationwide administration
of copyright. The copyright administration department of the People's
Government of each province, autonomous region and municipality
directly under the Central Government shall be responsible for
the administration of copyright in its administrative region.
Article 8 The copyright owners and copyright-related right holders
may authorize an organization for collective administration of
copyright to exercise the copyright or any copyright-related right.
After authorization, the organization for collective administration
of copyright may, in its own name, claim the right for the copyright
owners and copyright-related right holders, and participate, as
an interested party, in litigation or arbitration relating to
the copyright or copyright-related right.
The organization for collective administration of copyright is
a non-profit organization. Provisions for the mode of its establishment,
rights and obligations, collection and distribution of the royalties
of copyright licensing, and supervision and administration thereof
shall be separately established by the State Council.
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Chapter II Copyright
Section 1 Copyright Owners and Their Rights
Article 9 The term "copyright owners" shall include:
(1) authors;
(2) other citizens, legal entities or organizations enjoying
copyrights in accordance with this Law.
Article 10 The term "copyright" shall include the following
personality rights and property rights:
(l) the right of publication, that is, the right to decide whether
to make 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 a work;
(3) the right of alteration, that is, the right to alter or authorize
others to alter a work;
(4) the right of integrity, that is, the right to protect a work
against distortion and mutilation;
(5) the right of reproduction, that is, the right to produce
one or more copies of a work by printing, photocopying, lithographing,
making a sound recording or video recording, duplicating a recording
work, or duplicating a photographic work or by any other means;
(6) the right of distribution, that is, the right to make available
to the public the original or reproductions of a work though sale
or bestowal;
(7) the right of rental, that is, the right to authorize, with
payment, others to use temporarily cinematographic works, works
created by virtue of an analogous method of film production, and
computer software, except any computer software that is not the
main subject matter of rental;
(8) the right of exhibition, that is, the right to display publicly
the original or reproduction of a work of fine art and photography;
(9) the right of performance, that is, the right to perform publicly
a work and broadcast publicly the performance of a work by various
means;
(10) the right of displaying, that is, the right to display to
the public a work, of fine art, photography, cinematography and
any work created by analogous methods of film production through
film projectors, over-head projectors or any other technical devices;
(11) the right of broadcast, that is, the right to broadcast
publicly or communicate to the public a work by wireless means,
to communicate to the public a broadcast work by wire or relay
means, and to communicate to the public a broadcast work by a
loudspeaker or by any other analogous tool used to transmit symbols,
sounds or pictures;
(12) the right of communication of information on networks, that
is, the right to communicate to the public a work, by wire or
wireless means in such a way that members of the public may access
these works from a place and at a time individually chosen by
them;
(13) the right of making cinematographic work, that is, the right
to fixate a work on a carrier by way of film production or by
virtue of an analogous method of film production;
(14) the right of adaptation, that is, the right to prepare new
derivative works of originality based on a work;
(15) the right of translation, that is, the right to translate
a work in one language into one in another language;
(16) the right of compilation, that is, the right to compile
works or parts of works into a new work by the selection or arrangement;
and
(17) any other rights a copyright owner is entitled to enjoy.
A copyright owner may authorize another person to exercise the
rights under the preceding paragraphs (5) to
(17), and receive remuneration pursuant to an agreement or this
Law.
A copyright owner may assign, in part or in whole, the rights
under the preceding paragraphs (5) to (17), and receive remuneration
pursuant to an agreement or this Law.
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Section 2 Ownership of Copyright
Article 11 The copyright in a work shall belong to its author,
except where otherwise provided in this Law.
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 other
organization, such legal entity or organization shall be deemed
to be the author of the work.
The citizen, legal entity or other organization whose name is
mentioned in connection with a work shall, in the absence of proof
to the contrary, be deemed to be the author of the work.
Article 12 Where a work is created by adaptation, translation,
annotation or arrangement of a preexisting work, the copyright
in the work thus created shall be enjoyed by the adapter, translator,
annotator or arranger, provided that the exercise of such copyright
shall not prejudice the copyright in the original work.
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.
Co-authorship may not be claimed by anyone who has not participated
in the creation of the work.
If a work of joint authorship can be separated into independent
parts and exploited separately, each co-author shall be entitled
to independent copyright in the parts that he has created, provided
that the exercise of such copyright shall not prejudice the copyright
in the joint work as a whole.
Article 14 A work created by compilation of several works, parts
of works, data that do not constitute a work or other materials
and having originality in the selection or arrangement of its
contents is a work of compilation. The copyright in the work of
compilation shall be enjoyed by the compiler, provided that the
exercise of such copyright shall not prejudice the copyright in
the original works.
Article 15 The copyright in a cinematographic work and any work
created by an analogous method of fl1m production shall be enjoyed
by the producer of the work, but the scriptwriter, director, cameraman,
lyricist, composer, and other authors thereof shall enjoy the
right of authorship in the work, and have the right to receive
remuneration pursuant to the contract concluded with the producer.
The authors of the screenplay, musical works and other works
that are incorporated in a cinematographic work and work created
by virtue of an analogous method of film production and can be
exploited separately shall be entitled to exercise their copyright
independently.
Article 16 A work created by a citizen in the fulfillment of
tasks assigned by a legal entity or other organization shall be
deemed to be a work made for hire. The copyright in such work
shall be enjoyed by the author, except the provisions of the second
paragraph of this Article, provided that the legal entity or other
organization shall have a priority right to exploit the work within
the scope of its practice areas. During the two years after the
completion of the work, the author shall not, without the consent
of the legal entity or other organization, authorize a third party
to exploit the work in the same way as the legal entity or other
organization does.
For any of the following work made for hire, the author shall
enjoy the right of authorship, while the legal entity or other
organization shall enjoy the other rights included in the copyright
and may reward the author:
(1) drawings of engineering designs and product designs, maps,
computer software and the like created in the course of employment
mainly with the material and technical resource of the legal entity
or other organization and under its responsibility;
(2) works created in the course of employment where the copyright
is, in accordance with laws, administrative regulations or contracts,
enjoyed by the legal entity or other organization.
Article 17 The ownership of the copyright in a commissioned work
shall be agreed upon in a contract between the commissioning and
the commissioned parties. In the absence of such contract or of
an explicit agreement in such contract, the copyright in the work
shall belong to the commissioned party.
Article 18 The transfer of ownership of the original copy of
a work of fine art or the like, shall not be deemed to include
the transfer of the copyright in such work, provided that the
right to exhibit the original copy of a work of fine art shall
be enjoyed by the owner of such original copy.
Article 19 Where the copyright in a work belongs to a citizen,
the rights under Article 10, paragraphs (5) to (17), of this Law
in respect of the work shall, after his death, during the term
of protection provided for in this Law, be transferred in accordance
with the provisions of the Inheritance Law.
Where the copyright in a work belongs to a legal entity or other
organization, the rights under Articles l0, paragraphs (5) to
(l7), of this Law, shall, after the change or the termination
of the status of the legal entity or other organization, during
the term of protection provided for in this Law, be enjoyed by
the succeeding legal entity or other organization which has taken
over the former's rights and obligations, or, in the absence of
such successor entity or other organization, by the State.
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Section 3 Term of Protection for Rights
ArticIe 20 The term of protection for rights of authorship, alteration
and integrity of an author shall be unlimited.
Article 21 The term of protection for the right of publication
and the rights referred to in Article l0, paragraphs (5) to (17),
of this Law in respect of a work of a citizen shall be the lifetime
of the author and fifty years after his death, and expires on
December 31 of the fiftieth year after the death of the author.
In the case of a work of joint authorship, such term shall expire
on December 31 of the fiftieth year after the death of the last
surviving author.
The term of protection for the right of publication and the rights
provided for in Article 10, paragraphs (5) to (17), of this Law
in respect of a work where the copyright belongs to a legal entity
or other organization or in respect of a work made for hire where
the legal entity or other organization enjoys the copyright (except
the right of authorship), shall be fifty years, and expires on
December 31 of the fiftieth year after the first publication of
such work, provided that any such work that has not been published
within fifty years after the completion of its creation shall
no longer be protected under this Law.
The term of protection for the right of publication and the rights
referred to in Article l0, paragraphs (5) to (17), of this Law
in respect of a cinematographic work, a work created by virtue
of an analogous method of film production or a photographic work
shall be fifty years, and expires on December 3l of the fiftieth
year after the first publication of such work, provided that any
such work that has not been published within fifty years after
the completion of its creation shall no longer be protected under
this Law.
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Section 4 Limitations on Rights
Article 22 A work may be exploited In the following circumstances
without permission from, and without payment of remuneration to,
the copyright owner, provided that the name of the author and
the title of the work shall be mentioned and the other rights
enjoyed by the copyright owner by virtue of this Law shall not
be prejudiced:
(l) to use a published work for the purposes of the user's own
private study, research or self-entertainment;
(2) to quote appropriately from a published work in one's own
work for the purposes of introduction to, or comments on a work,
or demonstration of a point;
(3) to use or cite, for any unavoidable reason, a published work
in newspapers, periodicals, at radio stations, television stations
or any other media for the purpose of reporting current events;
(4) to publish in newspapers or periodicals, or broadcast by
radio stations, television stations, or any other media, articles
on current issues relating to politics, economics or religion
published by other newspapers, periodicals, or broadcast by other
radio stations, television stations or any other media, except
where the author has declared that the publishing and broadcasting
is not permitted;
(5) to publish in newspapers or periodicals, or broadcast by
radio stations, television stations or any other media, a speech
delivered at a public gathering, except where the author has declared
that the publication or broadcasting is not permitted;
(6) to translate, or reproduce in a small quantity of copies,
a published work by teachers or scientific researchers for the
purpose of teaching for classroom use or scientific research,
provided that the translation or reproduction shall not be published
or distributed;
(7) to use a published work, within proper scope, by a State
organ for the purpose of fulfilling its official duties;
(8) to reproduce a work in its collections by a library, archive,
memorial hall, museum, art gallery or any similar institution,
for the purposes of the display, or preservation of a copy of
the work;
(9) to perform a published work free-of-charge and neither any
fee is collected from the public nor any remuneration is paid
to the performer(s) for such performance;
(10) to copy, paint, photograph or video record an artistic work
located or on display in an outdoor public place;
(11) to translate a published work of a Chinese citizen, legal
entity or any other organization from the Han language into any
minority nationality language for publication and distribution
within the country; and
(12) to transliterate a published work into Braille and publication
of the work so transliterated.
The above limitations on rights shall be also applicable to the
rights of publishers, performers, producers of sound recordings
and video recordings, radio stations and television stations.
Article 23 In compiling and publishing textbooks for implementing
the nine-year compulsory education and the national educational
program, parts of published works, short written works, music
works or single copies of works of painting or photographic works
may be compiled into textbooks without the authorization from
the authors, except where the authors have declared in advance
the use thereof is not permitted, but with remuneration paid to
the authors according to the regulations and the name of the author
and the title of the work indicated, and without prejudice to
other rights enjoyed by the copyright owners according to this
Law.
The above limitations on rights shall be applicable also to the
rights of publishers, performers, producers of sound recordings
and video recordings, radio stations and television stations.
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Chapter lIl Copyright Licensing and Assignment Contracts
Article 24 Anyone who exploits a work created by others shall
conclude a contract with the copyright owner(s), except the circumstances
in which no permission is needed in accordance with the provisions
of this Law.
A licensing contract shall include the following basic clauses:
(l) the category of right licensed for exploitation of 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 geographic area and term of the license;
(4) the standard of remuneration and the method of payment;'
(5) the liability in case of breach of the contract; and
(6) any other matter that the contracting parties consider necessary.
Article 25 Assignment of a right referred to in Article 10, paragraphs
(5) to (17), of this Law shall require conclusion of a contract
in writing.
A contract of assignment shall include the following basic clauses:
(1) title of the work;
(2) category and geographic area of the assigned right;
(3) assignment price;
(4) date and manner of payment of the assignment price;
(5) liabilities for breach of the contract; and
(6) any other matters that the contracting parties consider necessary.
Article 26 The other party shall not, without permission from
the copyright owner, exercise any right that the copyright owner
has not expressly licensed or assigned in the licensing and assignment
contracts.
Article 27 The standard of remuneration for the exploitation
of a work may be fixed by the interested parties or may be paid
according to the standard established by the copyright administration
department under the State Council in collaboration with other
departments concerned. Where the interested parties have not expressly
fixed it, remuneration is paid in accordance with the standard
established by the copyright administration department under the
State Council in collaboration with other departments concerned.
Article 28 Publishers, performers, producers of sound recordings
and video recordings, radio stations, television stations and
other entities who or which have obtained, pursuant to the relevant
provisions of this Law, the right to exploit the copyright of
others, shall not prejudice the authors' rights of authorship,
alteration, and integrity, and rights for obtaining remuneration.
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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 A book publisher's exclusive right to publish a work
delivered to him by the copyright owner for publication, which
is specified in the contract, shall be protected by the law, and
no others may publish such work.
Article 31 The copyright owner shall deliver the work within
the term specified in the contract. The book publisher shall publish
the work in accordance with the quality requirements and within
the term specified in the contract.
The book publisher shall bear the civil liability in accordance
with the provisions in Article 53 of this Law if he fails to publish
the work within the term specified in the contract.
The book publisher shall notify, and pay remuneration to, the
copyright owner when the work is to be reprinted or republished.
If the publisher refuses to reprint or republish the work when
stocks of the book are exhausted, the copyright owner shall have
the right to terminate the contrast.
Article 32 Where a copyright owner has submitted the manuscript
of his work to a newspaper or a periodical publisher for publication
and has not received, within 15 days from the newspaper publisher
or within 30 days from the periodical publisher, counted from
the date of submission of the manuscript, any notification of
the said publisher's decision to publish the work, the copyright
owner may submit the manuscript of the same work to another newspaper
or periodical publisher for publication, unless the two parties
have agreed otherwise.
After the work has been published, except where the copyright
owner has declared that reprinting or excerpting is not permitted,
other newspaper or periodical publishers may reprint the work
or print an abstract of it or print it as reference material,
but such other publishers shall pay remuneration to the copyright
owner as prescribed in regulations.
Article 33 A book publisher may alter or abridge a work with
the permission of the copyright owner.
A newspaper or periodical publisher may make editorial modifications
and abridgements in a work, but shall not make modifications in
the contents of the work unless permission has been obtained from
the author.
Article 34 When publishing works created by adaptation, translation,
annotation, assembling or compilation of preexisting works, the
publisher shall both have the permission from, and pay remuneration
to, the owners of the copyright in the works created by means
of adaptation, translation, annotation, assembling or compilation
and the owners of the copyright in the preexisting works.
Article 35 A publisher has the right to license or prohibit any
other person to use typographical arrangements of books or periodicals
he has published.
The term of protection for the right provided for in the preceding
paragraph shall be ten years, and expires on December 3l of the
tenth year after the first publication of the books or periodicals
using the typographical arrangements.
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Section 2 Performance
Article 36 A performer (an individual performer or a performing
entity) who for a performance exploits a work created by another
person shall obtain permission from, and pay remuneration to,
the copyright owner. Where a performing organizer organizes a
performance, the organizer shall obtain permission from, and pay
remuneration to, the copyright owner.
When exploiting, for performance, works created by adaptation,
translation, annotation, assembling or compilation of preexisting
works, the performer shall have the permission both from, and
pay remuneration to, the owners of the copyright in the works
created by means of adaptation, translation, annotation, arrangement
or compilation and the owners of the copyright in the preexisting
works.
Article 37 A performer shall, in relation to his performance
for a work, enjoy the following rights
(l) to claim as a performer;
(2) to protect the image inherent in such performance from distortion;
(3) to authorize others to make live broadcasts and public transmission
of such performance and to receive remuneration therefore;
(4) to authorize others to make sound recordings and video recordings,
and to receive remuneration therefore.
(5) to authorize others to reproduce or distribute sound recordings
and video recordings incorporating such performance, and to receive
remuneration therefore; and
(6) to authorize others to communicate such performance to the
public on information network, and to receive remuneration therefore.
The person so authorized who exploits the work in the way referred
to in the preceding paraphraphs (3) to (6) shall obtain permission
from, and pay remuneration to, the copyright owner of the work.
Article 38 The term of protection for the rights provided for
in Article 37, paragraphs (1) and (2), of this Law shall not be
limited.
The term of protection for the rights provided for in Article
37, paragraphs (3) to (6), of this Law shall be fifty years, and
expires on December 31 of the fiftieth year after the performance
was made.
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Section 3 Sound Recordings and Video Recordings
Article 39 A producer of sound recordings or video recording
who, for the production of a sound recording or video recording,
exploits a work created by another person, shall obtain permission
from, and pay remuneration to, the copyright owner.
A producer of sound recordings or video recordings who exploits
a work created by adaptation, translation, annotation or arrangement
of a preexisting work shall obtain permission both from, and pay
remuneration to the owner of the copyright in the work created
by adaptation, translation, annotation or arrangement and the
owner of the copyright in the preexisting work.
A producer of sound recordings, who exploits a music work duly
made by another person into a sound recording to produce sound
recordings, may not obtain permission from, but shall pay remuneration
to the copyright owner as prescribed by regulat1ons, such work
shall not be exploited where the copyright owner has declared
that such exploitation is not permitted.
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 authorize others to reproduce, distribute,
rent and communicate to the public on an information network such
sound recordings or video recordings and the right to obtain remuneration
therefore. The term of protection of such rights shall be fifty
years, and expires on December 3l of the fiftieth year after the
recording was first produced.
Any one who is authorized to reproduce, distribute and communicate
to the public on an information network a sound recording work
or video recording work shall also obtain permission from, and
pay remuneration to, the copyright owner and the performer as
presented by regulations.
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Section 4 Broadcasting by Radio Stations or Television Stations
Article 42 A radio station or television station that broadcasts
an unpublished work created by another person, shall obtain permission
from, and pay remuneration to, the copyright owner.
A radio station or television station that broadcasts a published
work created by another person does not need a permission from,
but shall pay remuneration to, the copyright owner.
Article 43 A radio station or television station that broadcasts
a published sound recording work, does not need a permission from,
but shall pay remuneration to, the copyright owner, except that
the interested parties have agreed otherwise. The specific provisions
shall be established by the State Council.
Article 44 A radio station or television station shall have the
right to prohibit the following acts without its authorization
:
(1) to rebroadcast its radio or television program broadcast;
and
(2) to fix its radio or television program broadcast on a sound
recording or video recording carrier and to reproduce such sound
recording or video recording carrier.
The term of protection for the right referred to in the preceding
paragraph shall be fifty years, and expires on December 31 of
the fiftieth year after the radio or television program was first
broadcast.
Article 45 A television station that broadcasts a cinematographic
work, a work created by virtue of an analogous method of film
production or a video graphic work produced by another person
shall obtain permission from, and pay remuneration to, the producer
of the Cinematographic or video graphic work; the station that
broadcasts a video graphic work produced by another person shall
also obtain permission of, and pay remuneration to, the copyright
owner.
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Chapter V Legal Liabilities and Enforcement Measures
Article 46 Anyone who commits any of the following acts of infringement
shall bear civil liability for such remedies as ceasing the infringing
act, eliminating the effects of the act, making an apology or
paying compensation for damages, depending on the circumstances:
(1) publishing a work without the permission of the copyright
owner;
(2) publishing a work of joint authorship as a work created solely
by oneself, without the permission of the other co-authors;
(3) having one's name mentioned in connection with a work created
by another, in order to seek personal fame and gain, where one
has not taken part in the creation of the work;
(4) distorting or mutilating a work created by another personr;
(5) plagiarizing a work of another person;
(6) exploiting by exhibition, film production or any analogous
method of film production, or by adaptation, translation, annotation,
or by other means, without the permission of the copyright owner,
unless otherwise provided in this Law;
(7) exploiting a work created by another person without paying
remuneration where such remuneration shall be paid;
(8) rending a work, sound recording or video recording, without
the permission of the copyright owner of the cinematographic work,
the work created by virtue of an analogous method of film production,
the computer software, the sound recording or video recording
or the owner of a copyright-related right thereof, unless otherwise
provided in this Law;
(9) exploiting the typographic arrangement of a book or periodical
without the permission of the publisher;
(10) broadcasting live a performance or communicating the live
performance to the public, or recording such performance without
the permission of the performer; or
(11) committing any other act of infringement of copyright and
of other rights and interests relating to copyright.
Article 47 Anyone who commits any of the following acts of infringement
shall bear civil liability for such remedies as ceasing the infringing
act, eliminating the effects of the act, making an apology or
paying damages, depending on the circumstances, and may, in addition,
be subjected by a copyright administration department to such
administrative penalties as ceasing the infringing act, confiscating
unlawful income from the act, confiscating and destroying infringing
reproductions and imposing a fine; where the circumstances are
serious, the copyright administration department may also confiscate
the materials, tools, and equipment mainly used for making the
infringing reproductions; and if the act constitutes a crime,
the infringer shall be prosecuted for his criminal liability:
(1) reproducing, distributing, performing, displaying, broadcasting,
compiling or communicating to the public on an information network
a work without the permission of the copyright owner of such work,
unless otherwise provided in this Law;
(2) publishing a book where the exclusive right of publishing
such book belongs to another person;
(3) reproducing and distributing a sound recording or video recording
of a performance, or communicating to the public his performance
on an information network without the permission of the performer,
unless otherwise provided in the Law;
(4) reproducing and distributing or communicating to the public
on an information network a sound recording or video recording
produced by another person, without the permission of the producer,
unless otherwise provided in the Law;
(5) broadcasting and reproducing a radio or television program
produced by a radio station or television station without the
permission of the radio station or television station, unless
otherwise provided in this Law;
(6) intentionally circumventing or destroying the technological
measures set by a right holder for protecting the
copyright or copyright-related rights in his work, sound recording
or video recording, without the permission of the copyright owner,
or the owner of the copyright-related rights, unless otherwise
provided in law or in administrative regulations;
(7) intentionally deleting or altering the electronic right management
information of a work, sound recording or video recording, without
the permission of the copyright owner or the owner of a copyright-related
right thereof, unless otherwise provided in law or in administrative
regulations; or
(8) producing or selling a work where the signature of another
is counterfeited.
Article 48 Where a copyright or a copyright-re1ated right is
infringed, the infringer shall compensate for the actually loss
suffered by the right holder; where the actual loss is difficult
to compute, the damages shall be paid on the basis of the unlawful
income of the infringer. The amount of damages shall also include
the appropriate fees paid by the right holder to seek the infringing
act to be ceased.
Where the right holder's actual loss or infringer's Unlawful
income cannot be determined, the People's Court shall judge the
damages not exceeding RMB 50,000.00 depending on the circumstances
of the infringing act.
Article 49 A copyright owner or owner of a copyright-related
right who has evidence to prove that another person is committing
or will commit an act of infringing his right, which is likely
to cause irreparable harm to his legitimate rights and interests
if the act is not checked or prevented from occurring in time,
may, before instituting legal proceedings, request the People's
Court to adopt measures for ordering cessation of the related
act and the preservation of property.
The provisions of Articles 93 to 96 and 99 of the Civil Procedure
Law of the People's Republic of China shall apply when the People's
Court handles the request referred to in the preceding paragraph.
Article 50 For the purpose of preventing an infringing act and
under the circumstance where the evidence is likely to be lost
or difficult to obtain afterwards, the copyright owner or the
owner of a copyright-related right may, before initiating legal
proceedings, request the People's Court for evidence preservation.
The People's Court shall make the decision within forty-eight
hours after it receives a request; the measures of preservation
shall be taken without delay if it is decided to do so.
The People's Court may order the requestor to provide a guaranty,
if the latter fails to do so, the Court shall reject the request.
Where the requestor fails to institute legal proceedings within
fifteen days after the People's Court adopted the measures of
preservation, the Court shall terminate the measures of preservation.
Article 51 The People's Court hearing a case may confiscate the
unlawful income, infringing reproductions and materials used for
committing the illegal act of infringement of copyright or copyright-related
rights.
Article 52 The publisher or producer of a reproduction who cannot
prove that his publication or production has been authorized,
the distributor of a reproduction or the renter of the reproduction
of a cinematographic work, a work created by virtue of an analogous
method of film production, computer software, sound recording
or video recording who cannot prove that his distributed or rented
reproduction has been from a legitimate source, shall bear legal
liability.
Article 53 A party who fails to fulfill his contractual obligations,
or executes them in a manner that is not in conformity with the
agreed conditions of the contract, shall bear civil liability
in accordance with the relevant provisions of the General Principles
of the Civil Law of the People's Republic of China, the Contract
Law of the People's Republic of China and other relevant laws
and regulations.
Article 54 A dispute over copyright may be settle by mediation,
or also submitted for arbitration to a copyright arbitration body
under a written arbitration agreement or under the arbitration
clause in the contract concluded between the parties.
Any party may institute proceedings directly in the People's
Court in the absence of a written arbitration agreement or in
the absence of an arbitration clause in the contract.
Article 55 Any party who is not satisfied with an administrative
penalty may institute proceedings in the People's Court within
three months from the date of receipt of the written decision
on the penalty. If a party neither institutes legal proceedings
nor implements the decision within the time limit, the copyright
administration department concerned may apply to the People's
Court for enforcement.
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Chapter VI Supplementary Provisions
Article 56 For the purposes of this Law, the terms "zhuzuoquan"
is "banquan"2.
Article 57 "publication" referred to in Article 2 of
this Law means the reproduction and distribution of a work.
Article 58 Regulations for the protection of computer software
and the right of communication of information on network shall
be established separately by the State Council.
Article 59 The rights of copyright owners, publishers, performers,
producers of sound recordings and video recordings, radio stations
and television' stations as provided for in this Law, of which
the term of protection specified in this Law has not yet expired
on the date of this Law's entry into force, shall be protected
in accordance with this Law.
Any infringements of copyright and the copyright-related rights
or breaches of contract committed prior to the entry into force
of this Law shall be dealt with under the relevant regulations
or policies in force at the time when the act was committed.
Article 60 This Law shall enter into force on June 1, l99l.
