著作权法(英文版)copyrightlaw

Copyright Law of the People’s Republic of

China

(Adopted at the Fifteenth Session of the Standing Committee of the Seventh National People’s Congress on September 7, 1990 and amended in accordance with the “Decisions on Amending the Copyright Law of the People’s Republic of China” made at the Twenty-fourth Session of the Standing Committee of the Ninth National People’s Congress on October 27, 2001)

Contents

Chapter I General Provisions

Chapter II Copyright

Section 1 Copyright Owners and Their Rights

Section 2 Ownership of Copyright

Section 3 Term of Protection

Section 4 Limitations on Rights

Chapter III Contracts of Copyright Licensing and Contracts of Copyright Transfer

Chapter IV Publication, Performance, Sound Recording, Video Recording and Broadcasting

Section 1 Publication of Books, Newspapers and Periodicals

Section 2 Performance

Section 3 Sound Recording and Video Recording

Section 4 Broadcasting by A Radio Station or Television Station

Chapter V Legal Liabilities and Law Enforcement Measures

Chapter VI Supplementary Provisions

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 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

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flourishing of socialist culture and sciences.

Article 2 Works of Chinese citizens, legal entities or other organizations, whether published or not, shall enjoy copyright in accordance with this Law.

Any work of a foreigner or stateless person which enjoys copyright under an agreement concluded between the country to which the author belongs or in which the author permanently resides and China, or under

an international treaty to which both countries are parties, shall be protected by this Law.

Any work of a foreigner or stateless person published for the first time and within the territory of China shall enjoy copyright in accordance with this Law.

Any work of an author from a country not having concluded an agreement with China or entered into an international treaty jointly with China or of a stateless person, which is published for the first time in a country as a member of the international treaty into which China has entered or published in a member country and non- member country at the same time, shall be protected by this Law.

Article 3 “Works” mentioned in this Law shall include works of literature, art, natural science, social science, engineering technology and the like made in the following forms:

(1) written works;

(2) oral works;

(3) musical, dramatic, quyi*, choreographic and acrobatic art works;

(4) works of fine art and architecture

(5) photographic works;

(6) cinematographic works and works created in a way similar to cinematography

(7) drawings of engineering designs and product designs, maps, sketches and other graphic works as well as model works;

(8) computer software;

(9) other works as provided in laws and administrative regulations.

Article 4 Works the publication or dissemination 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 infringe upon the public interests.

Article 5 This Law shall not be applicable to:

(1) laws, regulations, resolutions, decisions and orders of state organs; other documents of legislative, administrative or judicial nature; and their official translations;

(2) news on current affairs;

(3) calendars, numerical tables, forms of general use and formulas.

Article 6 Regulations for the protection of copyright in expressions of folklore shall be separately established 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 or municipality directly

under the Central Government shall be responsible for the administration of copyright within its own jurisdiction.

Article 8 Copyright owners and the obligees related to copyright may authorize a collective management organization of copyright to exercise the copyright or the rights related to copyright. The collective management organization of copyright may, after being authorized, claim rights in its own name for the copyright owners and the obligees related to copyright, and may, as a party concerned, participate in the litigation and arbitration activities involved with copyright or the rights related to copyright.

A collective management organization of copyright shall be a non-profit organization, and the method of its establishment, its rights and obligations, the collection and distribution of the royalty for copyright licensing, as well as the supervision and management over it shall be separately provided by the State Council.

Chapter II Copyright

Section 1 Copyright Owners and Their Rights

Article 9 “Copyright owners” shall include:

(1) authors;

(2) other citizens, legal entities and organizations enjoying copyright in accordance with this Law.

Article 10 “Copyright” shall include the following personal rights and property rights:

(1) the right of publication, that is, the right to decide whether to male 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 reproduction, that is, the right to produce one or more copies of the work by means of printing, Xeroxing, rubbing, sound recording, video recording, duplicating, or re-shooting, etc.;

(6) the right of distribution, that is, the right to provide the public with original copies or reproduced copies of works by means of selling or donating;