Copyright Law of the People's Republic of China (Revised in 2010)

Copyright Law of the People's Republic of China (Revised in 2010)

Copyright Law of the People's Republic of China (Revised in 2010)

Order of the President of the People's Republic of China No.26

February 26, 2010

(Adopted at the 15th Session of the Standing Committee of the 7th National People's Congress on September 7, 1990, amended for the first time in accordance with the Decision on Revising the Copyright Law of the People's Republic of China made at the 24th Session of the Standing Committee of the 9th National People's Congress on October 27, 2001)

(Amended for the second time in accordance with the Decisions on Amending the Copyright Law of the People's Republic of China made at the 13th meeting of the Standing Committee of the 11th National People's Congress on February 26, 2010)

Contents
Chapter I General Provisions
Chapter II Copyright
Section 1 Copyright Owners and Their Rights
Section 2 Ownership of Copyright
Section 3 Protection Period of the Rights
Section 4 Limitation of the Rights
Chapter III Copyright Licensing and Assignment Contracts
Chapter IV Publication, Performances, Audio or Video Recordings and Broadcast
Section 1 Publication of Books, Newspapers and Periodicals
Section 2 Performances
Section 3 Audio and Video Recordings
Section 4 Broadcasts by Radio or Television Stations
Chapter V Legal Liability and Enforcement Measures
Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted in accordance with the Constitution in order to protect the copyright of authors in their literary, artistic and scientific works and the copyright-related rights and interests, to encourage the creation and dissemination of works that are beneficial to the development of socialist spiritual and material civilization, and to promote the development and prosperity of the socialist science and culture.

Article 2 Works of Chinese citizens, legal persons or other organizations, whether published or not, enjoy copyright under this Law.
The copyright enjoyed by foreigners or stateless persons in their works in accordance with the agreement between their home country or country of habitual residence and China, or in accordance with an international treaty to which both countries are parties, is protected under this Law.
Works of foreigners or stateless persons which are first published in the People's Republic of China (hereinafter referred to as China) enjoy copyright under this Law.
Any work of an author whose country has not entered into an agreement with China or is not a party to an international treaty to which China is a party, or any work of a stateless person, which is first published in a country that is a party to an international treaty to which China is a party, or is simultaneously published in a signatory country and a non-signatory country, are protected under this Law.

Article 3 For the purposes of this Law, the term "works" shall include works of literature, art, natural science, social science and engineering technology, etc., which are created in any of the following forms:
1. Written works;
2. Oral works;
3. Musical works, dramatic works, quyi (folk art), choreographic works and acrobatic works;
4. Works of fine arts and architectural works;
5. Photographic works;
6. Cinematographic works and works created by a process analogous to cinematography;
7. Graphic works such as drawings of engineering designs, drawings of product designs, maps and schematic drawings, and model works;
8. Computer software; and
9. Other works as provided for by the laws and administrative regulations.
(Relevant articles: IP overview 2 Articles 3 Overview summary 1)>

Article 4 In exercising copyright, copyright owners shall not violate the Constitution and the laws, nor damage the public interests. The State supervises and administers the publication and dissemination of the works in compliance with the law.
(Relevant articles: Articles 1 Newsletters 1 Legal news 2)>

Article 5 This Law does not apply to:
1. Laws and regulations; resolutions, decisions and orders of government organs and other documents of a legislative, administrative or judicial nature; and official translations thereof;
2. News of current events; and
3. Calendars, numerical tables or forms of general use, and formulas.
(Relevant articles: Articles 1 Legislation 1)>

Article 6 Measures for the protection of copyright in folk literary and artistic works shall be formulated separately by the State Council.
(Relevant articles: Articles 1)>

Article 7 The copyright administrative department of the State Council is in charge of the administration of copyrights nationwide. The copyright administrative departments of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government are responsible for the administration of copyrights within their respective administrative area.

Article 8 Copyright owners and copyright-related rights holders may authorize a copyright collective administration organization to exercise their copyright or the related rights. After authorization, a copyright collective administration organization may, in its own name, claim the rights for a copyright owner or a copyright-related rights holder and act as a party in litigation or arbitration involving the copyright or the copyright-related rights.
A copyright collective administration organization is a non-profit organization, and its method of establishment, rights and obligations, collection and distribution of copyright royalties, and supervision and administration, etc. shall be separately formulated by the State Council.

Chapter II Copyright

Section 1 Copyright Owners and Their Rights

Article 9 The term "copyright owners" shall include:
1. Authors; and
2. Other citizens, legal persons and other organizations that enjoy copyright under this Law.

Article 10 The term "copyright" shall include the following personal rights and property rights:
1. The right of publication, i.e., the right to decide whether or not to make a work available to the public;
2. The right of authorship, i.e., the right to affix one's name to a work to indicate the author's identity;
3. The right of revision, i.e., the right to revise or authorize others to revise one's work;
4. The right of integrity, i.e., the right to protect one's work against misrepresentation and distortion;
5. The right of reproduction, i.e., the right to make one or more copies of one's work through such means as printing, photocopying, rubbing, making an audio recording, making a video recording, duplicating a recording, reproducing by photographic or cinematographic means, etc.;
6. The right of distribution, i.e., the right to provide the original or reproduction of one's work to the public by means of sale or gift;
7. The right of rent, i.e., the right to permit others to temporarily use one's cinematographic work, work created by a process analogous to cinematography or computer software for consideration, except where the computer software itself is not the essential object of the rental arrangement;
8. The right of exhibition, i.e., the right to publicly display the original or a reproduction of one's work of fine art or photographic work;
9. The right of performance, i.e., the right to publicly perform one's work or to publicly broadcast the performance of one's work by various means;
10. The right of projection, i.e., the right to publicly show one's work of fine art, photographic work, cinematographic work or work created by a process analogous to cinematography by means of technical equipment such as a film projector, slide projector, etc.;
11. The right of broadcasting, i.e., the right to publicly broadcast or communicate one's work by means of wireless or wire dissemination, rebroadcasting and to communicate one's broadcast work to the public through a loudspeaker or any other analogous instrument used to transmit symbols, sounds or images;
12. The right of communication of information via network, i.e., the right to make one's work available to the public by wire or wireless means, enabling members of the public to access the work from a place at a time chosen by them;
13. The right of cinematization, i.e., the right to fix a work in a medium using a cinematographic process or a process analogous to cinematography;
14.
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