"Implementation Regulations of the Copyright Law of the People's Republic of China"
On August 2, 2002, Order No. 359 of the State Council of the People's Republic of China was promulgated and revised for the first time in accordance with the "Decision of the State Council on Abolition and Modification of Certain Administrative Regulations" on January 8, 2011. It was revised for the first time in accordance with the "Decision of the State Council on the Abolition and Amendment of Certain Administrative Regulations" on January 30, 2013. Decision on the Implementation Regulations of the Copyright Law of the People's Republic of China revised for the second time
Article 1 These Regulations are formulated in accordance with the Copyright Law of the People's Republic of China (hereinafter referred to as the Copyright Law).
Article 2 "Works" as mentioned in the Copyright Law refer to intellectual achievements in the fields of literature, art and science that are original and can be reproduced in some tangible form.
Article 3 Creation as mentioned in the Copyright Law refers to intellectual activities that directly produce literary, artistic and scientific works.
Organizing work for others' creations, providing consultation opinions, material conditions, or performing other auxiliary work are not considered creations.
Article 4 The meaning of the following works in the Copyright Law and these Regulations:
(1) Written works refer to novels, poems, essays, papers and other works expressed in written form;
(2) Oral works refer to works expressed in the form of oral language such as impromptu speeches, lectures, court debates, etc.;
(3) Musical works refer to songs, symphonies and other works with or without words that can be sung or performed;
(4) Drama works refer to plays, operas, local operas and other works for stage performance;
(5) Folk art works refer to cross talk, express script, drum, storytelling and other works performed in the main form of rap;
(6) Dance works refer to works that express thoughts and emotions through continuous movements, postures, expressions, etc.;
(7) Acrobatic art works refer to acrobatics, magic, circus and other works expressed through physical movements and skills;
(8) Art works refer to paintings, calligraphy, sculptures and other aesthetically significant two-dimensional or three-dimensional plastic art works composed of lines, colors or other methods;
(9) Architectural works refer to works of aesthetic significance expressed in the form of buildings or structures;
(10) Photographic works refer to artistic works that record the image of objective objects on photosensitive materials or other media with the help of equipment;
(11) Film works and works created using methods similar to filmmaking refer to works shot on a certain medium, consisting of a series of pictures with or without accompanying sound, and projected or disseminated in other ways with the help of appropriate devices;
(12) Graphic works refer to engineering design drawings and product design drawings drawn for construction and production, as well as maps, schematic diagrams and other works that reflect geographical phenomena and explain the principles or structures of things;
(13) Model works refer to three-dimensional works made according to a certain proportion based on the shape and structure of the object for the purpose of display, testing or observation.
Article 5 The meanings of the following terms in the Copyright Law and these Regulations:
(1) Current affairs news refers to pure factual news reported through newspapers, periodicals, radio stations, television stations and other media;
(2) Sound recordings refer to any recording of performance sounds and other sounds;
(3) Video products refer to any recording of continuous related images and images with or without accompanying sound, other than film works and works created using methods similar to filmmaking;
(4) Recording producer refers to the first producer of sound recordings;
(5) Video producer refers to the first-time producer of video products;
(6) Performers refer to actors, performance units or other people who perform literary or artistic works.
Article 6 Copyright arises from the date of completion of the creation of the work.
Article 7 The copyright of works of foreigners or stateless persons first published in China as stipulated in Article 2, Paragraph 3 of the Copyright Law shall be protected from the date of first publication.
Article 8 If a work by a foreigner or stateless person is first published outside China and then published within China within 30 days, the work will be deemed to have been published within China at the same time.
Article 9 If a collaborative work cannot be divided and used, the copyright shall be jointly enjoyed by all co-authors and shall be exercised through consensus; if consensus cannot be reached and there is no legitimate reason, no party shall prevent the other party from exercising other rights other than transfer, but the proceeds shall Proceeds should be distributed reasonably among all co-authors.
Article 10 If a copyright owner permits others to film his work into a film or a work created using a method similar to filmmaking, he shall be deemed to have agreed to make necessary changes to his work, but such changes shall not distort or tamper with the original work.
Article 11 The "work tasks" in the provisions on service works in Article 16, Paragraph 1 of the Copyright Law refer to the duties that citizens should perform in the legal person or organization.
The "material and technical conditions" in Article 16, Paragraph 2 of the Copyright Law regarding service works refer to the funds, equipment or materials specially provided by the legal person or organization for citizens to complete their creations.
Article 12 Within two years after the work is completed, with the consent of the unit, the author allows a third party to use the work in the same way as the unit uses the work, and the remuneration received shall be distributed between the author and the unit according to the agreed proportion.
The two-year period for completion of the work is calculated from the date the author delivers the work to the unit.
Article 13 For works of unknown author, the owner of the original work shall exercise the copyright except for the right of signature. After the author's identity is determined, the copyright shall be exercised by the author or his heirs.
Article 14 After the death of one of the co-authors, if the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1, Items 10, 1 and 17 of the Copyright Law that he or she enjoys in relation to the collaborative work are neither inherited nor bequeathed, the rights shall be transferred to the other co-authors. enjoy.
Article 15 After the death of an author, the author's rights to authorize, modify, and protect the integrity of his copyright shall be protected by the author's heirs or legatees.
If the copyright has no one to inherit or bequeath, its right to authorize, modify and protect the integrity of the work shall be protected by the copyright administrative department.
Article 16 The use of works with state copyright shall be managed by the copyright administrative department of the State Council.
Article 17 For works that have not been published during the author's lifetime, if the author has not expressly stated that he will not publish them, within 50 years after the author's death, his right to publish may be exercised by his heirs or legatees; if there is no heir or legatee, the right to publish the work shall be vested in the owner of the original work. People exercise.
Article 18 For a work whose author is unknown, the protection period of the rights specified in Items 5 to 17 of Article 10, Paragraph 1 of the Copyright Law shall end on December 31 of the 50th year after the work was first published. After the author's identity is determined, the provisions of Article 21 of the Copyright Law shall apply.
Article 19 When using other people’s works, the name of the author and the title of the work shall be specified; however, unless otherwise agreed upon by the parties or unable to be specified due to the nature of the use of the work.
Article 20: Published works as mentioned in the Copyright Law refer to works that the copyright owner himself or allows others to make public.
Article 21: In accordance with the relevant provisions of the Copyright Law, the use of published works without the permission of the copyright owner shall not affect the normal use of the work, nor shall it reasonably damage the legitimate interests of the copyright owner.
Article 22 The payment standards for the use of works in accordance with the provisions of Article 23, Paragraph 2 of Article 33, and Paragraph 3 of Article 40 of the Copyright Law shall be determined by the Copyright Administration Department of the State Council in conjunction with the Price Competent Department of the State Council. Formulate and publish.
Article 23 To use other people's works, a licensing contract must be concluded with the copyright owner. If the right to license is an exclusive right of use, it must be in writing, except for newspapers and periodicals publishing works.
Article 24 The content of the exclusive right of use stipulated in Article 24 of the Copyright Law is stipulated in the contract. If the contract does not stipulate it or the stipulation is unclear, the licensee shall be deemed to have the right to exclude anyone, including the copyright owner, from using the same Unless otherwise agreed in the contract, if the licensee allows a third party to exercise the same right, he must obtain the permission of the copyright owner.
Article 25: Where an exclusive license contract or transfer contract is concluded with the copyright owner, it may be filed with the copyright administrative department.
Article 26 The rights related to copyright as mentioned in the Copyright Law and these Regulations refer to the rights that publishers have in the layout design of the books and periodicals they publish, the rights that performers have in their performances, and the rights that producers of audio and video recordings have in their performances. The rights enjoyed by the audio and video products produced by them, and the rights enjoyed by radio stations and television stations in the radio and television programs they broadcast.
Article 27 When publishers, performers, audio and video producers, radio stations, and television stations exercise their rights, they shall not damage the rights of the copyright owner of the used work or the original work.
Article 28 If the book publishing contract stipulates that the book publisher shall enjoy exclusive publishing rights but does not specify its specific content, it shall be deemed that the book publisher shall enjoy the exclusive right to publish in the same language within the validity period of the contract and within the geographical scope stipulated in the contract. Exclusive rights to the original and revised editions of published books.
Article 29 If the two orders sent by the copyright owner to the book publisher are not fulfilled within 6 months, the book will be deemed to be out of stock as mentioned in Article 32 of the Copyright Law.
Article 30: If the copyright owner declares in accordance with Article 33, Paragraph 2 of the Copyright Law that his or her work shall not be reproduced or excerpted, the copyright owner shall attach a statement when publishing the work in newspapers or periodicals.
Article 31: If a copyright owner declares in accordance with Article 40, Paragraph 3 of the Copyright Law that no phonorecords may be made of his or her work, the copyright owner shall declare this when the work is legally recorded into phonorecords.
Article 32: In accordance with the provisions of Article 23, Paragraph 2 of Article 33, and Paragraph 3 of Article 40 of the Copyright Law, those who use other people’s works must report the work to others within 2 months from the date of use. Copyright holders pay remuneration.
Article 33: Performances performed by foreigners and stateless persons within the territory of China are protected by copyright law.
The rights enjoyed by foreigners and stateless persons in their performances in accordance with international treaties to which China is a party are protected by copyright law.
Article 34: Sound recordings produced and distributed by foreigners and stateless persons within the territory of China are protected by copyright law.
The rights enjoyed by foreigners and stateless persons in the sound recordings produced and distributed by them in accordance with international treaties to which China is a party are protected by copyright law.
Article 35 The rights enjoyed by foreign radio stations and television stations in the radio and television programs they broadcast in accordance with international treaties to which China is a party shall be protected by copyright law.
Article 36 If any infringement act listed in Article 48 of the Copyright Law harms public interests at the same time, and the illegal business volume exceeds 50,000 yuan, the copyright administrative department may impose a fine of not less than 1 time but not more than 5 times of the illegal business volume. ; If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, the copyright administrative department may impose a fine of less than 250,000 yuan based on the severity of the case.
Article 37: If there is any infringement listed in Article 48 of the Copyright Law and it harms the public interests at the same time, the copyright administrative department of the local people's government shall be responsible for investigating and punishing the infringement.
The copyright administrative department of the State Council can investigate and deal with infringements that have a significant impact across the country.
Article 38 These Regulations shall come into effect on September 15, 2002. The "Regulations on the Implementation of the Copyright Law of the People's Republic of China" approved by the State Council on May 24, 1991 and promulgated by the National Copyright Administration on May 30, 1991 were abolished at the same time.
