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Copyright law |
| Copyright Law of
People's Republic of China |
Law adopted at the Fifteenth
Session of the Standing Committee of the Seventh National People's
Congress on September 7, 1990. |
| CHAPTER
I General Provisions
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| 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 rights related to copyright,
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 flourishing of
socialist culture and sciences.
Article 2. Works of Chinese citizens, legal entities
or entities without legal personality, whether published or not,
shall enjoy copyright in accordance with this Law.
Works of foreigners first published in the territory of the People's
Republic of China shall enjoy copyright in accordance with this
Law.
Any work of a foreigner published outside the territory of the People's
Republic of China which is eligible to enjoy copyright under an
agreement concluded between the country to which the foreigner belongs
and China, or under an international treaty to which both countries
are party, 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* and choreographic works;
* Quyi refers to such traditional art forms as ballad singing, story
telling, comic dialogues, clapper talks and cross talks (translator's
note).
(4) works of fine art and photographic works;
(5) cinematographic, television and videographic works;
(6) drawings of engineering designs and product designs, and descriptions
thereof;
(7) maps, sketches and other graphic 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 copyright, shall not violate
the Constitution or laws or prejudice the public interest.
Article 5. This Law shall not be applicable to:
(1) 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 affairs; and
(3) calendars, numerical tables, 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. Where any scientific or technological
work is protected under the Patent Law, the Law on Technology Contracts
or similar laws, the provisions of those laws shall apply.
Article 8. 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 area.
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| CHAPTER
II Copyright |
Section 1 - Copyright
Owners and Their Rights
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Article 9.
The term "copyright owners" shall include:
(1) authors;
(2) other citizens, legal entities and entities without legal personality
enjoying copyright in accordance with this Law.
Article 10. The term "copyright" shall
include the following personality rights and property rights:
(1) 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 the work;
(3) the right of alteration, that is, the right to alter or authorize
others to alter one's work;
(4) the right of integrity, that is, the right to protect one's
work against distortion and mutilation;
(5) the right of exploitation and the right to remuneration, that
is, the right of exploiting one's work by reproduction, live performance,
broadcasting, exhibition, distribution, making cinematographic,
television or video production, adaptation, translation, annotation,
compilation and the like, and the right of authorizing others to
exploit one's work by the above-mentioned means and of receiving
remuneration therefor.
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| Section 2 - Ownership
of Copyright |
Article 11.
Except where otherwise provided in this Law, the copyright in a work
shall belong to its author.
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 entity without legal personality,
such legal entity or entity without legal personality shall be deemed
to be the author of the work. The citizen, legal entity or entity
without legal personality 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 coauthors, the copyright in the work shall be enjoyed
jointly by those coauthors.
Coauthorship 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 coauthor 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. The copyright in a work created by
compilation shall be enjoyed by the compiler, provided that the
exercise of such copyright shall not prejudice the copyright in
the preexisting works included in the compilation.
The authors of such works included in a compilation as can be exploited
separately shall be entitled to exercise their copyright in their
works independently.
Article 15. The director, scriptwriter, lyricist,
composer, cameraman and other authors of a cinematographic, television
or videographic work shall enjoy the right of authorship in the
work, while the other rights included in the copyright shall be
enjoyed by the producer of the work.
The authors of the screenplay, musical works and other works that
are included in a cinematographic, television or videographic work
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 to him by a legal entity or entity
without legal personality shall be deemed to be a work created in
the course of employment. The copyright in such work shall be enjoyed
by the author, subject to the provisions of the second paragraph
of this Article, provided that the legal entity or entity without
legal personality shall have a priority right to exploit the work
within the scope of its professional activities. During the two
years after the completion of the work, the author shall not, without
the consent of the legal entity or entity without legal personality,
authorize a third party to exploit the work in the same way as the
legal entity or entity without legal personality does.
In the following cases the author of a work created in the course
of employment shall enjoy the right of authorship, while the legal
entity or entity without legal personality shall enjoy the other
rights included in the copyright and may reward the author:
(1) drawings of engineering designs and product designs and descriptions
thereof, computer software, maps and other works created in the
course of employment mainly with the material and technical resources
of the legal entity or entity without legal personality 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 entity without legal personality.
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 a
contract or of an explicit agreement in the contract, the copyright
in such a work shall belong to the commissioned party.
Article 18. The transfer of ownership of the original
copy of a work of fine art, or other works, 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 right of exploitation and the right to remuneration
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 entity
without legal personality, the right of exploitation and the right
to remuneration shall, after the change or the termination of the
status of the legal entity or entity without legal personality,
during the term of protection provided for in this Law, be enjoyed
by the succeeding legal entity or entity without legal personality
which has taken over the former's rights and obligations, or, in
the absence of such successor entity, by the State.
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