Standing Committee Of The National People's Congress On Revising The People's Republic Of China Copyright Law Decision

Original Language Title: 全国人民代表大会常务委员会关于修改《中华人民共和国著作权法》的决定

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People's Republic of China President, 26th

                    The Standing Committee of the national people's Congress to amend of People's Republic of China copyright law decision by the People's Republic of China adopted at the 11th session of the Standing Committee of the national people's Congress, the 13th meeting on February 26, 2010, are hereby promulgated and come into force on April 1, 2010.

                             People's Republic of China President Hu Jintao

The February 26, 2010

Standing Committee of the national people's Congress on revising the People's Republic of China copyright law decision

(February 26, 2010 11th National People's Congress adopted at the 13th session of the Standing Committee) 13th meeting of the Standing Committee of the 11th NPC decision on the People's Republic of China copyright law as follows: One, the fourth is revised as follows: "copyright owner in exercising their copyright, shall not violate the Constitution and laws, shall be without prejudice to the public interest. States for the publication or distribution of works supervision according to law.

” Second, the addition of an article, as the 26th article: "the pledge of copyright, by the pledgor and the pledgee to the Copyright Administration Department under the State Council to handle the registration of the pledge.



This decision shall enter into force on April 1, 2010.

People's Republic of China Law on copyright in accordance with this decision be revised and adjusted to the articles republished.

People's Republic of China copyright law

(September 7, 1990, adopted by the NPC Standing Committee's 15th meeting on October 27, 2001, the 24th meeting of the Standing Committee of the ninth the modification of People's Republic of China copyright law decision of first review

February 26, 2010, the 11th session of the 13th meeting of the Standing Committee of the national people's Congress to amend People's Republic of China decision on second amendment to copyright law) contents chapter I General provisions

 Chapter II copyright

 Section I rights of copyright owners and their

 Section II attribution of copyright

 Section III protection of the rights of

The fourth section the limitation on the right

Chapter III copyright licensing and assignment contracts

 Fourth chapter, publication, performance, sound recording or video, play

 First publication of books, newspapers and

 Section II performance

 Section III video recording

Fourth Festival radio and television

The fifth chapter legal liability and enforcement measures

Sixth chapter supplementary articles article I of chapter I General provisions for the protection of literary, artistic and scientific works of the author's copyright, and copyright-related rights and interests, encouraging beneficial to the construction of socialist spiritual civilization and material civilization of the creation and dissemination of works, and promote the development and prosperity of Socialist culture and science, this law is enacted in accordance with the Constitution.

Second Chinese citizens, legal persons or other organizations for the purposes of the work, whether published or, shall enjoy copyright in accordance with this law.

Works of foreigners and stateless persons in accordance with its author belongs or of habitual residence, the State signed with the China agreement, or joint participation in international treaties on copyright, protected by the law.

Works of foreigners and stateless persons first published in China, shall enjoy copyright in accordance with this law.

Has not signed an agreement with China, or joint participation in international treaties to which the national authors and works of stateless persons was first published in China to participate in international treaties to which Member States or published in Member and non-Member States, protected by the law.

The works referred to in the third article of the law, including the following works of literature, art, natural science, social science, engineering and other works:

(A) literary works;

(B) oral works;

(C) the music, drama, opera/operatic singing, dance, acrobatics and works of art;

(D) works of art, architecture;

(E) photographic works;

(F) cinematographic works and the works created by a process analogous to cinematography;

(G) design, product design, maps, sketches and other works of graphic works and models;

(VIII) computer software;

(IX) other works stipulated by laws and administrative regulations. Fourth owner in exercising their copyright, shall not violate the Constitution and laws, shall be without prejudice to the public interest.

States for the publication or distribution of works supervision according to law.

The fifth article of the Act does not apply to:

(A) laws, regulations, Government resolutions, decisions, orders and other documents of a legislative, administrative or judicial nature, and their official translations;

(B) current affairs;

(C) the calendar, common table, common table and formulas.

Sixth copyright protection of works of folklore shall be separately prescribed by the State Council.

Seventh the Copyright Administration Department under the State Council in charge of the nation's copyright management; in all provinces, autonomous regions and municipalities of copyright administrative departments in charge of the administrative management of copyright. Article eighth copyright and copyright-related right holders may authorize the exercise of copyright collective management organizations of copyright or copyright-related rights.

Copyright collective management organization is authorized, on your behalf for copyright owners and copyright-related rights people claim their rights, and, as the parties concerning copyright or copyright-related rights of litigation and arbitration activities.

Copyright collective management organization is a non-profit organization, its way, rights and obligations, copyright royalty collection and distribution, as well as their supervision and management shall be formulated separately by the State Council.

Section I of chapter II copyright Nineth copyright and rights of the copyright owner, including:

(A) the author;

(B) shall enjoy copyright according to the law of citizens, legal persons or other organizations.

Tenth Article copyrights include the following personal rights and property rights:

(A) the right of publication, that is, the right to decide whether the work available to the public;

(B) the right of authorship, that is, show that the identity of the author, right of signature in the works;

(C) the right of alteration, that is, the right to alter or authorize others to alter work;

(Iv) to protect the right of integrity, that is, the right to protect one's work against distortion and mutilation;

(E) the right of reproduction, that is, printing, photocopying, rubbing, audio-recording, video recording, re-recording or remake, will make one or more copies of a work the right;

(F) the right of distribution, as selling or donating works available to the public of the originals or reproductions the right;

(G) the right of rental, that is, authorize others to temporary use of film and the works created by a process analogous to cinematography, computer software rights, except for computer software is not the main subject of the rental;

(H) the right of exhibition, public exhibition of art works, photographs, original or copy rights;

(I) the right of performance, that is, to publicly perform a work, and the right to publicly broadcast the performance of a work by various means;

(J) the right to show, through a projector, slide projector and other technical equipment openly reproduction fine art, photography, films and the works created by a process analogous to cinematography right;

(11) the right to broadcast, the public broadcasting by wireless means or dissemination of works, communication to the public by cable or broadcast means broadcast work, and transmitted via loudspeakers or other symbols, sounds, images, similar tools of communication to the public of the right to broadcast works;

(12) the right of communication through information network, which works to the public by cable or wireless, so that the public can be individually chosen by them in the time and place of the right to work;

(13) the film rights to fixate or by virtue of an analogous method of film work in the carrier on the right;

(14) the right of adaptation, change the work, creating an ingenious new rights for works;

(15) the right of translation, will work from one language to another language rights;

(16) the right of compilation, about works or Fragments of works by selection or arrangement, bringing together into a new work right;

(17) other rights that should be enjoyed by the copyright owner.

Copyright owners may license other persons to exercise the preceding paragraph (e) to (17) provides the right and paid for pursuant to an agreement or the relevant provisions of this law.

Copyright may be transferred in whole or in part, paragraph (e) to (17) provides the right and paid for pursuant to an agreement or the relevant provisions of this law.

Section II attribution of copyright article 11th copyright belongs to the author, unless otherwise provided for in this law.

Citizens is the author of the works.

Chaired by the legal entity or other organization, on behalf of a legal person or other organization will create, and responsibility by the legal entity or other organization's work, legal persons or other organizations as the author.

If there is no evidence to the contrary, in the works of citizens, legal persons or other organizations signed on to authors.

The 12th adaptation, translation, annotation, finishing works and works, the copyright enjoyed by the adaptation, translation, annotation, arrangement, provided that the exercise of such copyright shall not prejudice the copyright of the original work. 13th works two or more co-authors, copyright enjoyed by the co-authors jointly.

People who did not participate in the creation, cannot be a co-author.

Of joint authorship can be separated for use, the author of each part can be copyrighted separately, but the exercise of such copyright shall not violate the copyright of joint work as a whole.

The 14th compilation of works of several works, fragments do not constitute work or data or any other materials, selection or arrangement of their contents reflect the originality of the work, as a compilation of works, the copyright enjoyed by the compilation of people, but the exercise of such copyright shall not prejudice the copyright in original works.

The 15th film works and the works created by a process analogous to cinematography copyright enjoyed by the producer, screenwriter, Director, cameraman, lyricist, composer, author, enjoys the right of authorship and the right to remuneration in accordance with contracts with the producer.

Cinematographic works and works by virtue of an analogous method of film scripts, music, and can be used independently of the author of a work has the right to exercise their copyright separately. 16th citizens to complete the legal person or other Organization Mission works are works, apart from the provisions of the second paragraph of this article, copyright by the author, but a legal person or other organization has the right to use in its business priorities.

Works completed in two years, without consent of the units, the author shall not authorize a third party to units using the work in the same way.

Works of one of the following cases, the author enjoys the right of authorship, copyright the other rights enjoyed by the legal entity or other organization, legal entity or other organization can reward the author:

(A) is the use of material and technical conditions for creation of the legal person or other organization, and by legal persons or other organizations to assume responsibility for engineering, product design, maps, computer software and other works;

(B) laws, administrative regulations or the contract and copyright by the legal entity or other organization works. 17th a commissioned work, the ownership of copyright contract between the principal and the agent.

Not expressly stipulated in the contract or no contract, the copyright belongs to the trustee.

18th fine arts and transfer of ownership of the original copy of the work, shall not be deemed the transfer of copyright, but the right to exhibit the original copy of a work of art by the original owners.

19th the copyright belongs to the citizen, the citizen after the death of the tenth paragraph of this law (v) to (17) provided within the period of protection of the rights provided for in this law, in accordance with the provisions of the law of succession transferred.

Copyright is a legal person or any other organization, after modification and termination of legal person or other organization, the tenth paragraph of this law (v) to (17) provided within the period of protection of the rights provided for in this law, by his rights and obligations of the legal person or other organization; did not accept the rights and obligations of the legal person or other organization, by country.

20th with section III protection of the rights of the author rights of authorship, alteration, and integrity of the protection period is not limited.

The 21st citizen works, its publication rights, tenth paragraph of this law (v) to (17) provided protection of rights for a period of 50 years after the author's life and death, expiring on December 31 of the 50th year after the death of the author; if it is joint authorship, as the 50th year after the death of the last surviving author died on December 31.

Corporate or other organization of works, and copyright (signature right except) by corporate or other organization enjoys of positions works, its published right, and this method tenth article first paragraph subsection (five) items to subsection (17) items provides of right of protection period for 50 years, as Yu works first published Hou 50th years of December 31, but works since creation completed Hou 50 years within not published of, this method no longer protection.

Movie works and to similar filmed movie of method creation of works, and photography works, its published right, and this method tenth article first paragraph subsection (five) items to subsection (17) items provides of right of protection period for 50 years, as Yu works first published Hou 50th years of December 31, but works since creation completed Hou 50 years within not published of, this method no longer protection.

Limitation on the right to the 22nd fourth section works in the following cases, without permission of the copyright owner and without payment of remuneration, but should indicate the author's name, title, and shall not infringe the copyright in accordance with this law other rights:

(A) for private study, research or appreciation, others of a published work;

(B) to introduce, comment on, a work, or demonstration of a problem, works in the appropriate quotation from a published work;

(C) reporting current events in newspapers, periodicals, radio, television and other media are inevitably reproduce or reference of a published work;

(D) newspapers, periodicals, radio, television and other media published or broadcast by other newspapers, periodicals, radio, television and other media have been published on political, economic and religious issues of topical articles, but the author statement is not permitted, except for playing;

(V) newspapers, periodicals, radio, television and other media published or broadcast speech in a public rally, but the author statement is not permitted, except for playing;

(Vi) in classroom teaching or scientific research, translation, or a small number of copies of a published work, for teaching or scientific research personnel, shall not be published or released;

(G) the State organ for carrying out their duties within reasonable limits the use of a published work;

(H) the library, archive, Museum, museums, art galleries to display or save a version needs, copy the library's collection of works;

(I) the free performance of a published work, the performance is not charged to the public and did not pay the remuneration to the performers;

(J) located or on display in an outdoor works of art in public places for copying, drawing, photography, video;

(11) the Chinese citizens, legal persons or other organizations have published works of Chinese language translation into minority languages works published in the country;

(12) will be of a published work into Braille publishing.

Provisions of the preceding paragraph shall apply to publishers, performers, producers of sound recordings and video recordings, radio and television stations the right limit.

23rd article for implementation nine years business compulsory education and national education planning and prepared published textbooks, except author prior statement no using of outside, can not by copyright people license, in textbooks in the compilation has published of works fragment or short of text works, and music works or single of art works, and photography works, but should according to provides paid paid, specified author name, and works name, and shall not violations copyright people in accordance with this method enjoys of other right.

Provisions of the preceding paragraph shall apply to publishers, performers, producers of sound recordings and video recordings, radio and television stations the right limit.

Chapter III copyright licensing 24th article using someone else's work and transfer contract shall conclude a licensing contract with copyright owners, except for the provisions of this law may not be permitted.

Licensing contract shall include the following main elements:

(A) license to use the right kind;

(B) the license has the right to the exclusive or non-exclusive use;

(C) the geographic scope, period of the license;

(D) the pay standards and methodologies;

(V) liability for breach;

(F) the parties consider it necessary to contract more.

25th transfers to the first paragraph of article tenth of the law (v) to (17) provision of rights shall enter into a written contract.

Right assignment contract shall include the following main elements:

(A) the name of the work;

(B) the transfer of the right type, geographic scope;

(C) assignment price;

(D) the date and manner of delivery of the transfer price;

(V) liability for breach;

(F) the parties consider it necessary to contract more.

26th to the pledge of copyright, by the pledgor and the pledgee to the Copyright Administration Department under the State Council to handle the registration of the pledge.

27th licensing contracts and transfer of contracts without explicit permission of the copyright owner, assignment of rights, without the consent of the copyright owner, the other party shall not exercise. Of works article 28th of remuneration may be prescribed by the parties, or the Copyright Administration Department under the State Council in conjunction with the departments concerned of the remuneration paid.

Explicitly agreed by the parties, in accordance with the Copyright Administration Department under the State Council in conjunction with the departments concerned of the remuneration paid.

Article 29th of publishers, performers, producers of sound recordings and video recordings, radio stations and television stations in accordance with the relevant provisions of this law, such as using someone else's work, shall not be violated the author's rights of authorship, alteration, protect the integrity of the works, and the right to remuneration.

Fourth chapter publication, performance, recording and playing the first section books, newspapers and periodicals published 30th book publisher publishing books should conclude a publishing contract and copyright owner and pay.

31st book publisher copyright to publish the work delivered to him, in accordance with the contract of an exclusive right is protected by law, it shall not publish the work of others. Article 32nd copyright works shall be delivered according to contract terms.

Book publisher who shall, in accordance with published quality books and within the term stipulated in the contract.

Book publishers are not published in accordance with the contract terms shall be in accordance with the 54th article shall bear civil liability. Book Publisher to reprint or republish the work, it shall notify the copyright owner, and paid.

After the book is out of stock, the book publisher refuses to reprint or republish, the copyright owner has the right to terminate the contract. 33rd article submissions to newspapers, periodical of the copyright owner, since manuscripts date 15th notice is not received within a newspaper decided to publish, or manuscripts issued not received within 30th of informed the decision to publish the periodical, you can contribute to the other works of the same newspaper, periodical.

Except as otherwise agreed by the parties.

After the publication of the work, subject to copyright shall not be reproduced excerpts of the statement, but other newspapers may be reprinted or as abstracts, reference material, but shall pay the remuneration to the copyright owner in accordance with regulations.

The 34th book publisher with author permission can modify or abridge a work. Newspaper, periodical works of text changes, can be abridged.

Changes to the content, shall be subject to the sanction of the author.

35th, publication, adaptation, translation, annotation, arrangement or compilation works and works should be achieved by adaptation, translation, annotation, arrangement or compilation of copyright and permission from the copyright owner of the original work, and pay.

36th publishers have the right to permit or prohibit others from using the published books and periodicals layout design.

The protection of the rights set forth in the preceding paragraph for a period of ten years, ending in the layout-design books and magazines published for the first time on December 31 of the tenth year after.

Section II performance 37th article using someone else's work shows, performers (actors, performing units) shall obtain the permission of the copyright owner, and paid.

Show organisers performed by the group obtaining permission of the copyright owner, and paid.

Use, adaptation, translation, annotation, finishing works and performances of the works produced, shall obtain the adaptation, translation, annotation, arrangement of copyright and permission from the copyright owner of the original work, and pay.

38th performer of his performance, enjoy the following rights:

(A) indicates that the performer status;

(B) the protection of performing image distorted;

(C) authorize others to live and public transmission of their live performances, and to receive remuneration therefor;

(D) authorize others to record video, and to receive remuneration therefor;

(E) authorize others to have recorded in the reproduction and distribution of recordings of their performances, and to receive remuneration therefor;

(F) authorize others through information networks of communication to the public of their performances, and to receive remuneration therefor.

Licensee before subparagraph (iii) to (vi) works in the manner prescribed, shall obtain the permission of the copyright owner, and paid.

38th 39th article of the law, paragraph (a), (b) provision of rights protection without restriction.

38th article of this Act, paragraph (iii) to (vi) provision of rights protection for a period of 50 years, ending in the 50th year after the performances took place on December 31.

Section III video recording

40th recording and video recordings work created by others making audio-video products, shall obtain the permission of the copyright owner, and paid.

Sound recordings and video recordings use, adaptation, translation, annotation, finishing works and works, shall obtain the adaptation, translation, annotation, arrangement of the permission of the copyright owner and the copyright in the original works, and pay.

Recording others have legitimate record for sound recordings the producer of sound recordings of musical works, without permission of the copyright owner, but shall pay the remuneration in accordance with the provisions; copyright statement is not permitted may be used.

41st sound recordings and video recordings the producer, shall conclude a contract with the performers, and pay.

42nd sound recordings and video recordings for the production of audio-video products, permit others to copy, distribute, lease, through the network to the public dissemination of information and the right to remuneration rights term of protection of 50 years, ending in the 50th year of the products produced for the first time on December 31.

Licensor to copy, distribute, through information networks, communication to the public of sound recordings and video products, should also obtain a licence to copyright owners, performers and pay.

Radio and television stations broadcast the 43rd fourth section radio station or television station that broadcasts an unpublished work created by others shall obtain permission from the copyright owner, and paid.

Radio and television stations broadcast published works by others, without permission of the copyright owner, it should be paid. 44th has been a radio station or television station that broadcasts published sound recordings, without permission of the copyright owner, it should be paid. Unless otherwise agreed by the parties.

Specific measures shall be formulated by the State Council.

45th radio and television stations the right to prohibit, without the permission of the following acts:

(A) to broadcast radio and television broadcasts;

(B) to broadcast radio and television recording on the video carrier and copy audio and video carriers.

Protection of the rights set forth in the preceding paragraph for a period of 50 years, ending in the 50th year of the radio and television broadcast for the first time on December 31.

Others 46th television films and the works created by a process analogous to cinematography, video products, film or video recordings shall be obtained permission and pay remuneration; playing other people's videos, and shall obtain the permission of the copyright owner, and paid.

The fifth chapter legal liability and enforcement measures

47th under any of the following acts of infringement, shall, where appropriate, take on ceasing the infringing act, eliminating the effects, apology, civil liability for damages:

(A) without the permission of the copyright owner, publishing a work;

(B) without permission from the co-authors, and other published works created as a work created solely by oneself;

(C) did not participate in the creation, in order to seek personal fame and gain, in the signature of another person's work;

(D) distorting or mutilating a work;

(E) stealing the works of others;

(Vi) without the permission of the copyright owner, to exhibitions, film and works by virtue of an analogous method of film, or the adaptation, translation, annotation, use the work, unless otherwise provided for in this law;

(VII) use of someone else's work, paid and unpaid shall be paid;

(VIII) any works and the works created by a process analogous to cinematography, computer software, sound recording or video recording of the permission of the copyright owner or rights related to copyright, rental or video recordings of his work, unless otherwise provided for in this law;

(I) without permission of the Publisher, use the publication of books and periodicals layout-design;

(J) without permission of the performers, live broadcasts or publicly transmit their live performance or fixation of their performance;

(11) other acts that violate the rights of copyright and copyright-related.

48th article has following infringement behavior of, should according to situation, bear stop against, and elimination effect, and apologized, and compensation loss, civil responsibility; while damage public interests of, can by copyright administration sector ordered stop infringement behavior, confiscated illegal proceeds, confiscated, and destroyed infringement copies, and can sentenced fine; plot serious of, copyright administration sector also can confiscated main for making infringement copies of material, and tool, and equipment,; constitute crime of, law held criminal:

(A) without the permission of the copyright owner, copy, distribute, perform, show, broadcast, compilation, through the information network to disseminate their works to the public, unless otherwise provided for in this law;

(B) another person has the exclusive right to publish books published;

(C) without permission of the performers, are recorded in the reproduction and distribution of recordings of their performances, or through information networks of communication to the public of their performances, except as otherwise provided in this law;

(D) without the permission of sound recordings and video recordings, copy, distribute, through information networks, communication to the public of their recordings, unless otherwise provided for in this law;

(E) unauthorized playback or copying of radio and television, unless otherwise provided for in this law;

(Vi) without the permission of the copyright owner or rights related to copyright, trying to avoid or destroy rights for their works and recordings taken to protect copyright or copyright-related right of technical measures, except as otherwise provided in laws and administrative regulations;

(VII) without the permission of the copyright owner or rights related to copyright, intentionally deleting or changing work, sound recording or video recording of electronic rights management information, except as otherwise provided in laws and administrative regulations;

(H) works of producing or selling forged signatures. 49th infringement of copyright or copyright-related right, infringer compensation for actual loss should be in accordance with the rights of people; the actual losses are difficult to calculate, in accordance with the infringer's unlawful income compensation.

Shall also include the amount of compensation paid by the right holder to stop the infringing act of reasonable expenses.

Actual loss of rights or the infringer's unlawful income cannot be determined by the people's Court according to the plot of the tort, judgments given below 500,000 yuan in compensation.

50th copyright or copyright-related right holders there is evidence that others are being implemented or are about to commit acts of violations of their rights, if not to halt will cause irreparable damage to their legitimate rights and interests, before sue and you can apply to the Court to order the suspension of the Act and the measures for property preservation.

People's Court for handling applications in the preceding paragraph, shall apply to the People's Republic of China Law of civil procedure the 93rd to 96th and 99th of the regulations.

51st to stop the infringing act, in the case of evidence may be destroyed or lost or difficult to obtain later, copyright or copyright-related rights who can be prosecuted before the people's Court for preservation of evidence.

The people's Court accepted an application, must be made within 48 hours of order; order to adopt security measures, should be started immediately.

The people's Court may order the applicant to provide security, the applicant fails to provide security, to reject the application.

Applicants not to prosecute in the 15th after the people's Court to take protective measures, the people's Court shall cancel the protective measures.

52nd Court for violations of copyright or copyright-related right, confiscate the illegal income of property, infringing and illegal activities.

53rd copies of publishers, producers can't prove legally authorized its publication, production, copy of Publisher or film or in works created by a process analogous to cinematography, computer software, rental of copies of audio-video products cannot justify its issue, rental copies of legitimate sources, shall bear legal responsibility.

54th party does not fulfil its contractual obligations or to fulfil contractual obligations does not meet the prescribed conditions, shall, in accordance with the People's Republic of China civil law rights, the People's Republic of China contract law and other relevant legal provisions shall bear civil liability.

55th copyright dispute to mediation, the parties can also reach written arbitration agreement or an arbitration clause in the contract, to arbitration organization for arbitration.

Absence of written arbitration agreements, there is no arbitration clause in the contract, directly to a people's Court.

56th party not satisfied with the administrative punishment can be three months from the date of receiving the written decision of administrative penalty within the Court, not to prosecute or carry out the expiration of copyright Administrative Department may apply to the people's Court for execution.

The sixth chapter supplementary articles

57th copyright copyright in this law.

58th article this law referred to in article publishing, reproduction and distribution of the work.

59th computer software and protection of the right to network dissemination of information formulated by the State Council separately.

60th article of the law provides copyright owners and publishers, performers, producers of sound recordings and video recordings, radio, television rights, in implementation of this law has not yet expired on the date of the period of protection provided for in this law, in accordance with this law to be protected.

Infringement or violation occurred before the implementation of this law, in accordance with infringement or breach of relevant regulations and policies. 61st this law shall come into force on June 1, 1991.