"Copyright Law of the People's Republic of China"

Chapter 1 General Provisions

Article 1 is to protect the copyright of authors of literary, artistic and scientific works, as well as copyright-related rights and interests, encourage the creation and dissemination of works that are beneficial to the construction of socialist spiritual civilization and material civilization, and promote the development and development of socialist cultural and scientific undertakings. Prosperity, this law is enacted in accordance with the Constitution.

Article 2 The works of Chinese citizens, legal persons or unincorporated organizations, whether published or not, shall enjoy copyright in accordance with this Law.

The copyrights enjoyed by foreigners and stateless persons in their works based on the agreements signed between the author’s country or country of habitual residence and China or international treaties to which both countries are parties shall be protected by this Law.

If the works of foreigners or stateless persons are first published in China, they shall enjoy copyright in accordance with this Law.

The works of authors and stateless persons from countries that have not signed an agreement with China or jointly participated in international treaties are protected by this law if they are first published in a member state of an international treaty to which China is a party, or if they are published simultaneously in member states and non-member states.

Article 3 The works referred to in this Law refer to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including:

(1) Written works;
(2) Oral works;
(3) Art works of music, drama, folk arts, dance, and acrobatics;
(4) Fine arts and architectural works;
(5) Photographic works;
(6) Audiovisual works;
(7) Graphic works and model works such as engineering design drawings, product design drawings, maps, schematic diagrams;
(8) Computer software;
(9) Other intellectual achievements consistent with the characteristics of the work.

Article 4: Copyrights and copyright-related rights holders shall not violate the Constitution and laws or harm public interests when exercising their rights. The state supervises and manages the publication and dissemination of works in accordance with the law.

Article 5 This Law does not apply to:

(1) Laws, regulations, resolutions, decisions, orders of state agencies and other documents of a legislative, administrative or judicial nature, and their official translations;
(2) Pure factual information;
(3) Calendar, general number tables, general tables and formulas.

Article 6: The measures for copyright protection of folk literary and artistic works shall be separately formulated by the State Council.

Article 7: The national copyright administration department is responsible for copyright management nationwide; the local copyright administration departments at or above the county level are responsible for copyright management in their own administrative regions.

Article 8 Copyright and copyright-related rights holders may authorize copyright collective management organizations to exercise copyright or copyright-related rights. A copyright collective management organization established in accordance with the law is a non-profit legal person. After being authorized, it can assert rights on behalf of copyright owners and copyright-related rights holders in its own name, and can serve as a party in litigation, arbitration, and arbitration involving copyright or copyright-related rights. Mediation activities.

Copyright collective management organizations collect royalties from users based on authorization. The standard for collecting royalties shall be determined through negotiation between the copyright collective management organization and user representatives. If the negotiation fails, you may apply to the national copyright authority for a ruling. If you are dissatisfied with the ruling, you may file a lawsuit with the People's Court; the parties may also file a lawsuit directly with the People's Court. litigation.

Copyright collective management organizations should regularly publish to the public the overall situation of the collection and transfer of royalties, the extraction and use of management fees, and the unallocated portion of royalties, and should establish a rights information query system for inquiries by rights holders and users. . The national copyright administration department shall supervise and manage copyright collective management organizations in accordance with the law.

The establishment method, rights and obligations of copyright collective management organizations, collection and distribution of royalties, as well as their supervision and management shall be separately stipulated by the State Council.

Chapter 2 Copyright

Section 1 Copyright owners and their rights

Article 9 Copyright holders include:

(1) Author;
(2) Other natural persons, legal persons or unincorporated organizations that enjoy copyright in accordance with this Law.

Article 10 Copyright includes the following personal rights and property rights:

(1) The right of publication, that is, the right to decide whether the work will be made public;
(2) The right of signature, that is, the right to indicate the identity of the author and sign his name on the work;
(3) Right of modification, that is, the right to modify or authorize others to modify the work;
(4) The right to protect the integrity of the work, that is, the right to protect the work from distortion or tampering;
(5) The right to reproduce, that is, the right to make one or more copies of the work by printing, copying, rubbing, recording, videotaping, ripping, remaking, digitizing, etc.;
(6) Distribution rights, that is, the right to provide originals or copies of works to the public by selling or donating them;
(7) Rental rights, that is, the right to license others to temporarily use originals or copies of audio-visual works and computer software for a fee, except where computer software is not the main subject of the lease;
(8) Exhibition rights, that is, the right to publicly display originals or copies of fine arts and photographic works;
(9) Performance rights, that is, the right to publicly perform works and publicly broadcast the performances of works by various means;
(10) Screening rights, that is, the right to publicly reproduce fine arts, photography, audio-visual works, etc. through projectors, slide projectors and other technical equipment;
(11) Broadcasting rights, that is, the right to publicly disseminate or rebroadcast works by wired or wireless means, and to disseminate broadcast works to the public through loudspeakers or other similar tools that transmit symbols, sounds, and images, but does not include the rights specified in this paragraph. Twelve prescribed rights;
(12) The right of information network dissemination, that is, the right to provide the public with wired or wireless means so that the public can obtain the work at the time and place of their choice;
(13) Filming right, that is, the right to fix the work on a carrier by filming an audiovisual work;
(14) The right of adaptation, that is, the right to change a work and create an original new work;
(15) Translation rights, that is, the right to convert works from one language into another language;
(16) The right of compilation, that is, the right to assemble works or fragments of works into new works through selection or arrangement;
(17) Other rights that should be enjoyed by the copyright owner.

The copyright owner may permit others to exercise the rights specified in items 5 to 17 of the preceding paragraph and receive remuneration in accordance with the agreement or the relevant provisions of this Law.

The copyright owner may transfer all or part of the rights specified in items 5 to 17 of paragraph 1 of this article and receive remuneration in accordance with the agreement or the relevant provisions of this law.

Section 2 Copyright Ownership

Article 11 Copyright belongs to the author, unless otherwise provided in this law.

The natural person who creates a work is the author.

For works hosted by a legal person or an unincorporated organization, created on behalf of the will of a legal person or an unincorporated organization, and for which the legal person or unincorporated organization assumes responsibility, the legal person or unincorporated organization shall be regarded as the author.

Article 12 The natural person, legal person or unincorporated organization who signs the work is the author, and the corresponding rights exist in the work, unless there is proof to the contrary.

Authors and other copyright holders may register their works with registration agencies recognized by the national copyright authorities.

Rights related to copyright shall be subject to the provisions of the preceding two paragraphs.

Article 13: The copyright of works resulting from the adaptation, translation, annotation and arrangement of existing works shall be enjoyed by the person who adapts, translates, annotates and arranges them, but the copyright of the original work shall not be infringed upon when exercising the copyright.

Article 14: For works created jointly by two or more people, the copyright shall be shared by the co-authors. People who did not participate in the creation cannot become co-authors.

The copyright of a collaborative work shall be exercised by the co-authors through consensus; if consensus cannot be reached and there is no legitimate reason, no party shall prevent the other party from exercising other rights except transfer, licensing of exclusive use to others, and pledge, but the proceeds shall be distributed reasonably. To all co-authors.

If a collaborative work can be divided and used, the authors can enjoy separate copyrights for the parts they created, but the copyright of the entire collaborative work must not be infringed upon when exercising the copyright.

Article 15 A work that compiles several works, fragments of works, or data or other materials that do not constitute a work, and the selection or arrangement of its contents reflects originality, is a compilation work, and its copyright is enjoyed by the compiler. However, when exercising the copyright, Do not infringe the copyright of the original work.

Article 16 To use works resulting from the adaptation, translation, annotation, arrangement, and compilation of existing works for publication, performance, and production of audio and video products, the permission of the copyright owner of the work and the copyright owner of the original work must be obtained, and remuneration must be paid.

Article 17 The copyright of film works and TV dramas among audio-visual works is enjoyed by the producers, but authors such as screenwriters, directors, photographers, lyrics, and composers have the right to sign and are entitled to receive remuneration in accordance with the contract signed with the producer.

The copyright ownership of audio-visual works other than those specified in the preceding paragraph shall be agreed upon by the parties; if there is no agreement or the agreement is unclear, it shall be owned by the producer, but the author shall enjoy the right of signature and the right to receive remuneration.

Authors of works such as scripts and music in audio-visual works that can be used independently have the right to exercise their copyright alone.

Article 18 Works created by natural persons to complete the work tasks of legal persons or unincorporated organizations are professional works. Except for the provisions of paragraph 2 of this article, the copyright is enjoyed by the author, but the legal person or unincorporated organization has the right to have priority within the scope of its business. use. Within two years after the work is completed, the author may not allow a third party to use the work in the same way as the work is used by the unit without the consent of the unit.

For professional works that fall under any of the following circumstances, the author enjoys the right of authorship, and other copyright rights are enjoyed by legal persons or unincorporated organizations. Legal persons or unincorporated organizations may reward the author:

(1) Engineering design drawings, product design drawings, maps, schematic diagrams, computer software and other professional works that are mainly created using the material and technical conditions of a legal person or an unincorporated organization, and for which the legal person or unincorporated organization is responsible;
(2) Works created by staff of newspapers, periodicals, news agencies, radio stations, and television stations;
(3) Works for which the copyright is enjoyed by legal persons or unincorporated organizations as stipulated in laws, administrative regulations or contracts.

Article 19: For commissioned works, the ownership of the copyright shall be agreed upon by the client and the trustee through a contract. If there is no express agreement in the contract or no contract has been concluded, the copyright belongs to the trustee.

Article 20 The transfer of ownership of the original work will not change the ownership of the copyright of the work, but the right to display the original works of art and photography shall be enjoyed by the owner of the original work.

The author transfers the ownership of the original unpublished works of art and photography to others, and the transferee's exhibition of the originals does not constitute an infringement of the author's right to publish.

Article 21: If the copyright belongs to a natural person, after the death of the natural person, the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1 of this Law shall be transferred in accordance with the law within the protection period stipulated in this Law.

If the copyright belongs to a legal person or an unincorporated organization, after the legal person or unincorporated organization is changed or terminated, the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1 of this Law shall be protected by the inheritor during the protection period stipulated in this Law. Its rights and obligations are enjoyed by legal persons or unincorporated organizations; if there is no legal person or unincorporated organization that assumes its rights and obligations, they are enjoyed by the state.

Section 3 Protection Period of Rights

Article 22 The protection period of the author’s right of signature, right of modification, and right to protect the integrity of the work is not limited.

Article 23 The right to publish the work of a natural person and the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1 of this Law shall be protected for the life of the author and fifty years after his death, ending with the death of the author. December 31 of the fiftieth year after the death of the author; if it is a joint work, the deadline is December 31 of the fiftieth year after the death of the last author.

For works and copyrights (excluding the right of authorship) owned by legal persons or unincorporated organizations, the protection period for the right to publish is fifty years, ending on December 31 of the fiftieth year after the creation of the work. Japan; The protection period of the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1 of this Law is fifty years, ending on December 31 of the fiftieth year after the first publication of the work, but since the creation of the work If the work is not published within the next fifty years, it will no longer be protected by this law.

The protection period for the right to publish audiovisual works is fifty years, ending on December 31 of the fiftieth year after the creation of the work; the rights stipulated in items 5 to 17 of Article 10, Paragraph 1 of this Law The protection period is fifty years, ending on December 31, the fiftieth year after the work was first published. However, if the work has not been published within fifty years from the completion of its creation, this law will no longer protect it.

Section 4 Limitations on Rights

Article 24 Under the following circumstances, a work may be used without the permission of the copyright owner and without payment of remuneration to the copyright owner, but the name of the author and the title of the work shall be specified, and the normal use of the work shall not be affected, nor shall the work be reasonably used. Damage the legitimate rights and interests of the copyright owner:

(1) Use other people’s published works for personal study, research or appreciation;
(2) In order to introduce or comment on a certain work or explain a certain issue, appropriately cite the published works of others in the work;
(3) To report news, inevitably reproduce or quote published works in newspapers, periodicals, radio stations, television stations and other media;
(4) Newspapers, periodicals, radio stations, TV stations and other media publish or broadcast current affairs articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, TV stations and other media, but the copyright owner has stated that they are not allowed to publish or broadcast except;
(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public gatherings, unless the author declares that they are not allowed to be published or broadcast;
(6) For school classroom teaching or scientific research, translate, adapt, assemble, broadcast or copy a small amount of published works for use by teaching or scientific researchers, but shall not be published or distributed;
(7) State agencies use published works within a reasonable scope for the purpose of performing official duties;
(8) Libraries, archives, memorial halls, museums, art galleries, cultural centers, etc., reproduce works collected by the library for the purpose of display or preservation of versions;
(9) Performing published works for free, without charging the public or paying the performers, and is not for profit;
(10) Copying, painting, photographing, and videotaping works of art installed or displayed in public places;
(11) Translate works published in the country’s common spoken and written languages ​​by Chinese citizens, legal persons or unincorporated organizations into minority languages ​​for domestic publication and distribution;
(12) Provide published works to people with dyslexia in an accessible manner that they can perceive;
(13) Other situations stipulated in laws and administrative regulations.

The provisions of the preceding paragraph shall apply to restrictions on rights related to copyright.

Article 25 When compiling and publishing textbooks for the purpose of implementing compulsory education and national education plans, fragments of published works or short written works, musical works or single pieces of fine art or photography may be compiled in the textbooks without the permission of the copyright owner. works, graphic works, but the remuneration shall be paid to the copyright owner in accordance with regulations, the name of the author and the title of the work shall be specified, and other rights enjoyed by the copyright owner in accordance with this law shall not be infringed.

The provisions of the preceding paragraph shall apply to restrictions on rights related to copyright.

Chapter 3 Copyright License and Transfer Contract

Article 26 To use other people’s works, a license contract must be concluded with the copyright owner, except where permission is not required as provided in this Law.

The licensing contract includes the following main contents:

(1) Type of rights permitted to be used;
(2) The permitted use right is exclusive use right or non-exclusive use right;
(3) The geographical scope and period of licensed use;
(4) Remuneration standards and methods;
(5) Liability for breach of contract;
(6) Other contents deemed necessary by both parties.

Article 27 To transfer the rights specified in Items 5 to 17 of Article 10, Paragraph 1 of this Law, a written contract shall be concluded.

The rights transfer contract includes the following main contents:

(1) The title of the work;
(2) The type and geographical scope of the transferred rights;
(3) Transfer price;
(4) The date and method of delivering the transfer price;
(5) Liability for breach of contract;
(6) Other contents deemed necessary by both parties.

Article 28 If the property rights in the copyright are pledged, the pledger and the pledgee shall handle the registration of the pledge in accordance with the law.

Article 29: Rights that are not expressly permitted or transferred by the copyright owner in licensing contracts and transfer contracts may not be exercised by the other party without the consent of the copyright owner.

Article 30: The remuneration standards for the use of works may be agreed upon by the parties, or may be paid in accordance with the remuneration standards formulated by the national copyright administration department in conjunction with relevant departments. If the agreement between the parties is unclear, remuneration shall be paid in accordance with the remuneration standards formulated by the national copyright authority in conjunction with relevant departments.

Article 31 Publishers, performers, audio and video producers, radio stations, television stations, etc. who use other people's works in accordance with the relevant provisions of this Law shall not infringe the author's right of signature, right of modification, right to protect the integrity of the work, and right to receive remuneration. .

Chapter 4 Rights related to copyright

Section 1 Publishing of Books, Newspapers and Periodicals

Article 32: Book publishers who publish books shall enter into a publishing contract with the copyright holder and pay remuneration.

Article 33: The exclusive publishing rights that a book publisher enjoys in accordance with the contract for works delivered for publication by the copyright holder shall be protected by law, and others may not publish the work.

Article 34: The copyright owner shall deliver the work within the time limit specified in the contract. Book publishers shall publish books in accordance with the publishing quality and time limit stipulated in the contract.

If a book publisher fails to publish within the time limit stipulated in the contract, he shall bear civil liability in accordance with the provisions of Article 61 of this Law.

If a book publisher reprints or republishes a work, it shall notify the copyright owner and pay remuneration. If the book publisher refuses to reprint or republish the book after it is out of stock, the copyright owner has the right to terminate the contract.

Article 35 If the copyright owner submits a manuscript to a newspaper or periodical publisher, he or she does not receive a notice from the newspaper publisher within fifteen days from the date of publication of the manuscript or a journal publisher’s decision to publish it, or does not receive a notice from the journal publisher within thirty days from the date of dispatch of the manuscript. For publication, the same work can be submitted to other newspapers and periodicals. Unless otherwise agreed by both parties.

After the work is published, unless the copyright owner declares that it is not allowed to be reproduced or excerpted, other newspapers and periodicals may reprint it or publish it as abstracts or materials, but remuneration must be paid to the copyright owner in accordance with regulations.

Article 36: Book publishers may modify or abridge works with the author's permission.

Newspaper and periodical publishers may make textual modifications or deletions to works. Modifications to the content must be obtained with the permission of the author.

Article 37 Publishers have the right to permit or prohibit others from using the layout designs of books and periodicals they publish.

The protection period of the rights stipulated in the preceding paragraph is ten years, ending on December 31 of the tenth year after the books or periodicals using the format design are first published.

Second session performance

Article 38 To perform performances using other people's works, the performer shall obtain permission from the copyright owner and pay remuneration. The performance organizer organizes the performance, obtains permission from the copyright holder, and pays remuneration.

Article 39 Performers enjoy the following rights regarding their performances:

(1) Indicate the identity of the performer;
(2) Protect the performance image from distortion;
(3) Allow others to broadcast and publicly transmit their live performances and receive compensation;
(4) Permit others to record or video record, and receive compensation;
(5) Allow others to copy, distribute, and rent audio and video recordings of their performances, and receive remuneration;
(6) Allow others to disseminate their performances to the public through information networks and receive remuneration.

The licensee who uses the work in the manner specified in Items 3 to 6 of the preceding paragraph shall also obtain permission from the copyright owner and pay remuneration.

Article 40: Performances performed by actors to complete the performance tasks of the performance unit are job performances. Actors have the right to indicate their identity and protect their performance image from distortion. The ownership of other rights shall be agreed upon by the parties. If the parties have not agreed or the agreement is unclear, the right to perform duties shall be enjoyed by the performance unit.

The rights to professional performances are enjoyed by actors, and the performance unit can use the performance free of charge within its business scope.

Article 41: The protection period of the rights specified in the first and second items of paragraph 1 of Article 39 of this Law is not limited.

The protection period of the rights stipulated in Items 3 to 6 of Paragraph 1 of Article 39 of this Law is fifty years, ending on December 31 of the fiftieth year after the performance.

Section 3 audio and video

Article 42: Producers of audio and video recordings that use the works of others to produce audio and video recordings must obtain permission from the copyright owner and pay remuneration.

A sound recording producer who uses a musical work that has been legally recorded as a sound recording by others may make sound recordings without the permission of the copyright owner, but must pay remuneration in accordance with regulations; any use that the copyright owner declares prohibits the use shall not be allowed.

Article 43 When producing audio and video products, the producer of audio and video recordings shall conclude a contract with the performer and pay remuneration.

Article 44 Producers of audio and video recordings have the right to permit others to copy, distribute, rent, and disseminate to the public through information networks and receive remuneration for the audio and video recordings they produce; the protection period of the rights is fifty years, ending on that date. December 31, the fiftieth year after the product was first made.

A licensee who reproduces, distributes or disseminates audio and video recordings to the public through information networks must obtain permission from the copyright holder and performer and pay remuneration; a licensee who rents audio and video recordings must also obtain permission from the performer and pay remuneration.

Article 45: If a sound recording is used for public dissemination by wire or wireless, or is publicly broadcast to the public through technical equipment for transmitting sound, remuneration shall be paid to the producer of the sound recording.

Section 4 Radio and TV broadcasts

Article 46: Radio and television stations that broadcast unpublished works of others must obtain permission from the copyright owner and pay remuneration.

Radio and television stations may broadcast other people's published works without the permission of the copyright owner, but they must pay remuneration in accordance with regulations.

Article 47 Radio and television stations have the right to prohibit the following activities without their permission:

(1) Rebroadcast the radio and television broadcasts by cable or wireless means;
(2) Recording and copying of radio and television broadcasts;
(3) Disseminate the radio and television broadcasts to the public through information networks.

When radio stations and television stations exercise the rights stipulated in the preceding paragraph, they shall not affect, restrict or infringe others' exercise of copyright or copyright-related rights.

The protection period of the rights stipulated in the first paragraph of this article is fifty years, ending on December 31 of the fiftieth year after the first broadcast of the radio or television.

Article 48: When broadcasting other people's audio-visual works or video products, a television station shall obtain permission from the copyright holder of the audio-visual work or video producer and pay remuneration; when playing other people's video products, it shall also obtain permission from the copyright holder and pay remuneration.

Chapter 5 Protection of Copyright and Copyright-related Rights

Article 49: To protect copyright and copyright-related rights, rights holders may take technical measures.

Without the permission of the right holder, any organization or individual may not intentionally avoid or destroy technical measures, shall not manufacture, import, or provide relevant devices or components to the public for the purpose of avoiding or destroying technical measures, or shall intentionally avoid or destroy technical measures for others. Measures to provide technical services. However, circumstances that can be avoided according to laws and administrative regulations are excluded.

The term "technical measures" as mentioned in this Law refers to effective technologies, devices, or devices used to prevent or restrict browsing and appreciating works, performances, audio and video products, or providing works, performances, audio and video products to the public through information networks without the permission of the right holder. part.

Article 50: Technical measures may be circumvented in the following circumstances, but technology, devices or components to circumvent technical measures shall not be provided to others, and other rights enjoyed by the obligee in accordance with the law shall not be infringed:

(1) Providing a small amount of published works for school classroom teaching or scientific research for use by teaching or scientific researchers, but the works cannot be obtained through normal channels;
(2) Not for profit, provide published works to people with dyslexia in an accessible way that they can perceive, but the works cannot be obtained through normal channels;
(3) State organs perform official duties in accordance with administrative, supervisory and judicial procedures;
(4) Test the security performance of computers, systems or networks;
(5) Conduct encryption research or computer software reverse engineering research.

The provisions of the preceding paragraph shall apply to restrictions on rights related to copyright.

Article 51 Without the permission of the right holder, the following acts are not allowed:

(1) Intentionally deleting or changing works, layout designs, performances, audio and video recordings, or rights management information on radio or television, unless it is unavoidable due to technical reasons;
(2) Know or should know that works, layout designs, performances, audio and video products, or rights management information on radio and television have been deleted or changed without permission, but are still provided to the public.

Article 52 Anyone who commits the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:

(1) Publish the work without the permission of the copyright owner;
(2) Publish a work created in collaboration with others as a work created alone without the permission of the co-author;
(3) Signing other people’s works for the purpose of seeking personal fame and fortune without participating in the creation;
(4) Distorting or tampering with other people’s works;
(5) Plagiarizing other people’s works;
(6) Using the work by displaying or filming audio-visual works without the permission of the copyright owner, or using the work by adapting, translating, annotating, etc., unless otherwise provided for in this law;
(7) For using other people’s works, remuneration should be paid but has not been paid;
(8) Leasing the originals or copies of audio-visual works, computer software, or audio and video products without the permission of the copyright owner, performer, or audio and video producer, unless otherwise provided for in this law;
(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher;
(10) Live broadcast or publicly transmit the live performance, or record the performance without the performer's permission;
(11) Other acts that infringe upon copyright and copyright-related rights.

Article 53 Anyone who commits the following infringements shall, according to the circumstances, bear the civil liability stipulated in Article 52 of this Law; if the infringement also harms public interests, the department in charge of copyright shall order the infringement to cease, give a warning, and confiscate it Illegal gains shall be confiscated, harmlessly destroyed and disposed of infringing copies as well as materials, tools, equipment, etc. mainly used for making infringing copies. If the illegal business volume exceeds 50,000 yuan, a fine of not less than one time but not more than five times the illegal business volume may be imposed. If there is no illegal business volume, the illegal business volume is difficult to calculate or is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law:

(1) Copying, distributing, performing, screening, broadcasting, compiling, or disseminating the work to the public through information networks without the permission of the copyright owner, unless otherwise provided for in this law;
(2) Publish books for which others have exclusive publishing rights;
(3) Copying and distributing audio and video recordings of his or her performance without the permission of the performer, or disseminating his or her performance to the public through information networks, unless otherwise provided for in this law;
(4) Copying, distributing, and disseminating to the public through information networks the audio and video products produced without the permission of the producers of audio and video recordings, unless otherwise provided for in this law;
(5) Broadcasting, copying or disseminating radio or television to the public through information networks without permission, unless otherwise provided for in this law;
(6) Intentionally avoiding or destroying technical measures without the permission of the copyright owner or copyright-related rights holder, intentionally manufacturing, importing or providing to others devices or components mainly used to avoid or destroy technical measures, or intentionally Providing technical services for others to avoid or destroy technical measures, unless otherwise provided by laws and administrative regulations;
(7) Intentionally deleting or changing works, layout designs, performances, audio and video products, or rights management information on radio or television without the permission of the copyright owner or copyright-related rights holders, knowing or should know that the works, layout designs, performances, audio and video products, or rights management information on radio or television Rights management information on performances, audio and video recordings, or radio or television has been deleted or changed without permission and is still provided to the public, unless otherwise provided for by laws and administrative regulations;
(8) Producing and selling works counterfeiting the signature of others.

Article 54 If a copyright or copyright-related rights is infringed, the infringer shall compensate the right holder based on the actual losses suffered by the right holder or the infringer's illegal gains; if the actual losses of the right holder or the infringer's illegal gains are difficult to calculate, Compensation can be given with reference to the royalties. For intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be awarded in the amount of not less than one time but not more than five times the amount determined according to the above method.

If the actual losses of the right holder, the illegal gains of the infringer, and the rights royalties are difficult to calculate, the people's court shall, based on the circumstances of the infringement, award a compensation of not less than 500 yuan but not more than 5 million yuan.

The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.

In order to determine the amount of compensation, if the right holder has fulfilled the necessary burden of proof and the account books and materials related to the infringement are mainly in the possession of the infringer, the people's court may order the infringer to provide the account books, materials, etc. related to the infringement; infringement If the person fails to provide, or provides false account books, information, etc., the people's court may determine the amount of compensation with reference to the right holder's claims and the evidence provided.

When hearing a case involving a copyright dispute, the People's Court shall, at the request of the right holder, order the destruction of infringing copies, except under special circumstances; order the destruction of materials, tools, equipment, etc. mainly used for making infringing copies, without compensation; or Under special circumstances, the aforementioned materials, tools, equipment, etc. shall be ordered to be prohibited from entering commercial channels without compensation.

Article 55 When the department in charge of copyright investigates and handles suspected infringement of copyrights and copyright-related rights, it may question the relevant parties and investigate the circumstances related to the suspected illegal acts; conduct on-site inspections of the places and items where the parties are suspected of illegal acts. Inspect; review and copy contracts, invoices, account books and other relevant materials related to suspected illegal activities; seal or detain places and items suspected of illegal activities.

When the department in charge of copyright exercises the powers specified in the preceding paragraph in accordance with the law, the parties concerned shall assist and cooperate and shall not refuse or obstruct.

Article 56: The copyright owner or copyright-related right holder has evidence proving that others are committing or about to commit acts that infringe upon their rights or hinder their realization of rights, and if not stopped in time, their legitimate rights and interests will be irreparably damaged. , may apply to the People's Court in accordance with the law to take measures such as property preservation, ordering certain behaviors, or prohibiting certain behaviors before filing a lawsuit.

Article 57: In order to stop infringement, if the evidence may be lost or difficult to obtain in the future, the copyright owner or copyright-related rights holder may apply to the people's court for preservation of evidence in accordance with the law before filing a lawsuit.

Article 58: When hearing a case, the People's Court may confiscate illegal gains, infringing copies, and property used for illegal activities in case of infringement of copyright or copyright-related rights.

Article 59 If the publisher or producer of copies cannot prove that their publication or production is legally authorized, the issuer of copies or the lessor of copies of audio-visual works, computer software, or audio and video products cannot prove that their publication or production is legally authorized. If the copies you rent have legal sources, you should bear legal responsibility.

During the litigation process, if the accused infringer claims that it does not bear infringement liability, it shall provide evidence to prove that it has obtained the permission of the right holder, or that it can be used without the permission of the right holder as stipulated in this law.

Article 60 Copyright disputes can be mediated, or they can apply to an arbitration institution for arbitration based on the written arbitration agreement reached by the parties or the arbitration clause in the copyright contract.

If the parties do not have a written arbitration agreement or enter into an arbitration clause in the copyright contract, they may directly file a lawsuit in the People's Court.

Article 61: The relevant legal provisions shall apply to the parties' civil liability due to non-performance of contractual obligations or failure to perform contractual obligations in compliance with the agreement, as well as the parties' exercise of litigation rights, application for preservation, etc.

Chapter 6 Supplementary Provisions

Article 62 The copyright referred to in this Law is copyright.

Article 63 The publication mentioned in Article 2 of this Law refers to the reproduction and distribution of works.

Article 64: Measures for the protection of computer software and information network dissemination rights shall be separately formulated by the State Council.

Article 65 For photographic works, the right to publish and the protection period of the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1 of this Law have expired before June 1, 2021, but according to Article 2 of this Law, If the provisions of paragraph 1 of Article 13 are still within the protection period, they will no longer be protected.

Article 66 If the rights of copyrights and publishers, performers, audio and video producers, radio stations, and television stations stipulated in this Law have not exceeded the protection period stipulated in this Law on the date of implementation of this Law, they shall be protected in accordance with this Law. Protect.

Any infringement or breach of contract that occurred before the enforcement of this Law shall be handled in accordance with the relevant provisions at the time when the infringement or breach of contract occurred.

Article 67 This Law shall come into effect on June 1, 1991.

"Copyright Law of the People's Republic of China"

View original link
Back to blog