Implementing Regulations of the Copyright Law of the
People's Republic of China
Article 1. These Implementing Regulations are formulated pursuant
to the Copyright Law of the People's Republic of China (hereinafter
referred to as the Copyright Law).
Article 2. The term"works" referred to in the Copyright
Law shall mean intellectual creations in the literary, artistic
and scientific domain, insofar as they are of originality and
capable of being reproduced in a certain tangible form.
Article 3. The term"creation" referred to in the Copyright
Law shall mean intellectual activities from which literary, artistic
and scientific works are directly created.
The provision of administrative support, 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 Copyright Law and these
Regulations shall mean the following:
(1) written works are works expressed in written form, such as
novels, poems, essays, and theses;
(2) oral works are works which are expressed in spoken words,
such as impromptu speeches, lectures, and court debates;
(3) musical works are works which can be sung or performed, and
may include or not include any accompanying words, such as songs,
and symphonic works;
(4) dramatic works are works which are used for stage performances,
such as dramas, operas, and local art forms;
(5) "quyi" works are works which are performed in a
way mainly including recitation or/and singing, such as "xiangsheng"
(cross talk), "kuaishu" (clapper talk), "dagu"
(ballad singing with drum accompaniment), and"pingshu"
(story-telling based on classical novels);
(6) choreographic works are works which express ideas and emotions
through successive body movements, gestures and facial movements
and expressions;
(7) works of acrobatic art are works expressed through body movements
and artistry, such as acrobatic, magic and circus works;
(8) works of fine art are works two-dimensional or three-dimensional
works created in lines, colors or other media, which being viewed,
impart aesthetic effect, such as painting, works of calligraphy
and sculptures;
(9) architectural works are works expressed in architectural
or constructional form, which being viewed, impart aesthetic effect;
(10) photographic works are artistic works created by recording
images of existing objects on light-sensitive materials or other
media with the aid of devices;
(11) cinematographic works and works created by virtue of analogous
methods of film production are works which are recorded on some
medium and consist of a series of related images which, when shown
in succession with the aid of suitable devices, impart an impression
of motion, together with or without accompanying sounds;
(12) pictorial works are such works as drawings of engineering
designs and product deigns for the purpose of actual construction
or manufacture, and maps and diagrams showing geographic phenomena
and demonstrating the fundamentals or structures of objects;
(13) model works are three-dimensional works made according to
the shapes and structures, in certain scales, of objects for the
purpose of exhibition, experimentation, observation or measurement.
Article 5. The terms as mentioned in the Copyright Law and in
these Regulations shall mean the following:
(1) news on current events refers to the mere facts or happenings
conveyed by such media as newspapers, periodicals and radio and
television programs;
(2) sound recordings refer to works resulted from the recordation
of any sounds of performance and other sounds;
(3) video recordings refer to works resulted from the recordation
of a series of related images, with or without accompanying sounds,
other than cinematographic works or works created by virtue of
analogous methods of film production;
(4) producer of a sound recording refers to the first original
person who makes the sound recording;
(5) producer of a video recording refers to the first original
person who makes the video recording;
(6) performer refers to an actor, performing entity or any other
person who performs literary or artistic works.
Article 6. Copyright shall be protected from the date on which
the creation of a work is completed.
Article 7. Copyright in the works of foreigners or stateless
persons first published in the territory of China as provided
for in Article 2, paragraph three, of the Copyright Law shall
be protected from the date on which the work is first published.
Article 8. Where works of foreigners or stateless persons are
first published outside the territory of China and then, within
thirty days, published in the territory of China, the works shall
be deemed to have been simultaneously published in the territory
of China.
Article 9. Where a jointly created work is not able to be used
separately, the copyright of the work shall be jointly enjoyed
by the joint authors, and exercised by unanimous agreement; where
the joint authors fail to reach an agreement and without justified
reasons, any party may not prevent any of the other parties from
exercising the copyright except the right of assignment, but the
gaining from the exercising shall be reasonably distributed between
or among all joint authors.
Article 10. Where the copyright owner has authorized others to
make cinematographic works and works created by virtue of analogous
methods of film production, 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 "tasks assigned" in the provision of
Article 16, paragraph one of the Copyright Law regarding works
made for hire, refer to duties which citizens shall perform in
the legal entity or organization.
The "material and technical resource" used for the
creation of a work in the course of employment in the provision
of Article 16, paragraph two of the Copyright Law refer to fund,
equipment or reference material which the legal entity or organization
has provided specifically the citizens to accomplish the creation
of the work .
Article 12. During the two years after the completion of a work
made for hire, the author, with the permission of the legal entity
or organization, authorizes a third party to exploit the work
in the same way as the legal entity and receives remuneration,
the remuneration shall be distributed between the author and the
entity or organization at an agreed ratio.
The time limit of two years after the completion of the creation
of a work shall be calculated from the date on which the author
thereof delivers the work 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 owner
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. Where one of the co-authors of a work of joint authorship
dies without heir in title or other bequeathed beneficiary of
the rights owned by him according to Article 10, items (5) to
(17) of paragraph one, of the Copyright Law, such rights shall
be exercised by the other co-authors.
Article 15. The rights of authorship, alteration and integrity
of an author shall, after the death of the author, be protected
by the heir in title and other bequeathed beneficiary.
In the absence of an heir in title or other bequeathed beneficiary,
the rights of authorship, alteration and integrity shall be protected
by the copyright administrative departments.
Article 16. The exploitation of works the copyright of which
is owned by the State shall be administered by the copyright administrative
department under the State Council.
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 after the death of
the author, unless the author had expressly stated that the work
shall not be published. In the absence of an heir in title or
other bequeathed beneficiary, such right shall be exercised by
the owner of the original copy of the work.
Article 18. In the case of a work of an unknown author, the term
of protection in relation to the rights provided for in Article
10, items (5) to (17) of paragraph one, of the Copyright Law,
shall be fifty years ending on December 31 of the fiftieth year
after the first publication of the work. Article 21 of the Copyright
Law shall be applicable after the author of the work has been
identified.
Article 19. Any person who exploits a work created by another
person shall indicate the name of the author and title of the
work, except otherwise agreed between interested parties or otherwise
impossible to do so due to the specific way in which the work
is exploited.
Article 20. A published work as mentioned in the Copyright Law
refers to a work which has been made available to the public by
the copyright owner himself or by authorization.
Article 21. Where any person exploits, according to the relevant
provisions of the Copyright Law, a published work that may be
exploited without the authorization of the copyright owner, he
shall not affect the normal exploitation of the work, nor unreasonably
prejudice the legitimate interests of the copyright owner.
Article 22. The standard of remuneration for exploitation of
works under Article 23, Article 32, paragraph two, and Article
39, paragraph three, of the Copyright Law shall be formulated
and published by the copyright administrative department under
the State Council in conjunction with the competent price administrative
department under the State Council.
Article 23. Where anyone exploits a work of other person, he
shall conclude a license contract with the copyright owner. Where
the right licensed is an exclusive right of exploitation, the
contract shall be made in writing, except the work is to be published
by newspapers and periodicals.
Article 24. The contents of the exclusive right of exploitation
provided for in Article 24 of the Copyright Law shall be stipulated
in contract. Where no such stipulation is made in the contract
or the stipulation is not clear, it shall be deemed that the licensee
has the right to exclude any other person, including the copyright
owner, from exploiting the work in the same way. Where a licensee
licenses a third party to exercise the same right, he shall be
authorized by the copyright owner, except otherwise agreed upon.
Article 25. Where any person concludes an exclusive licensing
contract or assignment contract with a copyright owner, he may
submit the contractual documents to the copyright administrative
department for recordation.
Article 26. Rights and interests related to copyright, as mentioned
in the Copyright Law and these Regulations, mean the rights enjoyed
by publishers in the typographical arrangements of their books
or periodicals published, the rights enjoyed by performers in
their performances, the rights enjoyed by producers of sound recordings
and video recordings in their sound recordings and video recordings
and the rights enjoyed by radio and television stations in their
broadcast radio or television programs.
Article 27. Publishers, performers, producers of sound recordings
and video recordings and radio and television stations, in the
course of exercising their rights, shall not prejudice the rights
of the copyright owners of the works being used and of the original
works.
Article 28. Where it is agreed in a book publishing contract
that the publisher enjoys the exclusive publishing right, but
the contents of the right is not clearly defined, it shall be
deemed that the publisher enjoys the exclusive right to publish
in the same language of the original edition or revised edition
of the book within the term of validity of the contract and in
the geographic area agreed under the contract.
Article 29. Where two orders mailed by the author to the publisher
are not fulfilled within six months, it is deemed that stocks
of the book have been exhausted mentioned in Article 31 of the
Copyright Law.
Article 30. Where a copyright owner declares that the reprinting
of his work in whole or in part is not permitted pursuant to Article
32, paragraph two, of the Copyright Law, he shall make a statement
attached to the work when the work is published in a newspaper
or a periodical.
Article 31. Where a copyright owner declares that his work is
not permitted to be produced into sound recordings pursuant to
Article 39, paragraph three, of the Copyright Law, he shall make
a statement when the sound recordings of the work are legitimately
produced.
Article 32. Where any person exploits a work of another person
according to the provisions of Article 23, Article 32, paragraph
two, and Article 39, paragraph three, of the Copyright Law, he
shall pay remuneration to the copyright owner within two months
from the date of exploitation of the work.
Article 33. Performance by foreign or stateless performers in
the territory of China shall be protected by the Copyright Law.
The rights enjoyed by foreign or stateless performers in their
performances pursuant to the international treaties to which China
has acceded, shall be protected by the Copyright Law.
Article 34. The sound recordings produced and distributed in
the territory of China by foreign or stateless producers shall
be protected by the Copyright Law.
The right enjoyed by foreign or stateless producers in their
sound recordings produced and distributed pursuant to the international
treaties to which China has acceded, shall be protected by the
Copyright Law.
Article 35. The right enjoyed by foreign radio and television
stations in their broadcast radio or television programs pursuant
to the international treaties to which China has acceded, shall
be protected by the Copyright Law.
Article 36. In respect of infringement of copyright, with prejudice
of the social and public interests, as enumerated in Article 47
of the Copyright Law, the copyright administrative departments
may impose a fine not exceeding three times the amount of illegal
business turnover. Where it is difficult to calculate the amount
of illegal business turnover, it may impose a fine of no more
than RMB 100,000 yuan.
Article 37. The copyright administrative departments under the
local governments shall be responsible for investigating and handling
infringements of copyright, with prejudice of the social and public
interests, as enumerated in Article 47 of the Copyright Law.
The copyright administrative department under the State Council
may investigate and handle copyright infringements that are of
nationwide influence.
Article 38. These Implementing Regulations shall enter into force
on September 15, 2002. The Implementing Regulations of the Copyright
Law of the People's Republic of China as approved by the State
Council on May 24, 1991 and promulgated by the National Copyright
Administration on May 30, 1991 shall be simultaneously abrogated.
