People's Republic of China copyright law (revised) (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 decision amendments to copyright law) list of chapter II copyright chapter I General provisions section I section II attribution of copyright and rights of the copyright owner in section III limitation on the right to the term of protection of the rights of the fourth section III Chapter copyright license using and transfer contract fourth chapter published, and performances, and recording video, and play first section books, and newspaper of published second section performances third section recording video fourth section radio, and television play fifth chapter legal responsibility and law enforcement measures sixth chapter schedule first chapter General first article for protection literature, and art and science works author of copyright, and and copyright about of interests, encourages benefit Socialist spirit paper Ming and the creation and dissemination of works of the construction of material civilization, 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. Third article this method by said of works, including following column form creation of literature, and art and science, and social sciences, and engineering technology, works: (a) text works; (ii) oral works; (three) music, and plays, and folk, and dance, and acrobatics art works; (four) art, and building works; (five) photography works; (six) movie works and to similar filmed movie of method creation of works; (seven) design figure, and products design figure, and map, and schematic, graphics works and model works; (eight) computer software And (IX) other works stipulated by laws and administrative regulations. 　 Fourth law prohibiting the publication or distribution of works not protected by this law. Copyright owners exercising their copyright, shall not violate the Constitution and laws, shall be without prejudice to the public interest. 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) news, (iii) 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, (ii) shall enjoy copyright according to the law of citizens, legal persons or other organizations.　 Tenth Article copyright including following personal and property: (a) published right, that decided works whether public of right; (ii) signature right, that showed that author identity, in works Shang signature of right; (three) modified right, that modified or authorized others modified works of right; (four) protection works full right, that protection works not by distorted, and tampered with of right; (five) copy right, that to printing, and copy, and rubbing, and recording, and video, and RIP, and remake, way will works making a copies or more copies of right; (Six) issued right, that to sold or gift way to public provides works of original or copy pieces of right; (seven) rental right, that paid license others temporary using movie works and to similar filmed movie of method creation of works, and computer software of right, computer software not rental of main subject matter of except; (eight) exhibition right, that public displayed art works, and photography works of original or copy pieces of right; (nine) performances right, that public performances works,　 And with various means public broadcast works of performances of right; (ten) show right, that through projector, and slide machine, technology equipment public reproduction art, and photography, and movie and to similar filmed movie of method creation of works, of right; (11) broadcast right, that to wireless way public broadcast or spread works, to wired spread or broadcast of way to public spread broadcast of works, and through loudspeakers or other transfer symbol, and voice, and image of similar tool to public spread broadcast of works of right; (12) information network spread right, that to wired or wireless way to public provides works, makes public can in its personal selected of time and locations get works of right; (13) filmed right, that to filmed movie or to similar filmed movie of method will works fixed in carrier Shang of right; (14) adapted right, that change works, create made has originality of new works of right; (15) translation right, is works from a language text conversion into another a language text of right; (16) compilation right,　 About works or Fragments of works by selection or arrangement, bringing together into a new work right (17) should the enjoyment of other rights of 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. Has following case one of of positions works, author enjoys signature right, copyright of other right by corporate or other organization enjoys, corporate or other organization can give author award: (a) main is using corporate or other organization of material technology conditions creation, and by corporate or other organization bear responsibility of design figure, and products design figure, and map, and computer software, positions works; (ii) legal, and administrative regulations provides or contract agreed copyright by corporate or other organization enjoys of positions 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 art exhibit the original copy of the right enjoyed by the original owner.　 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, and expires on December 31 of the tenth 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. Fourth section right of limit 22nd article in following situation Xia using works, can not by copyright people license, not to its paid paid, but should specified author name, and works name, and shall not violations copyright people in accordance with this method enjoys of other right: (a) for personal learning, and research or appreciate, using others has published of works; (ii) for introduced, and comments a a works or description a a problem, in works in the appropriate reference others has published of works; (three) for reported events news, in newspaper, and journals, and Radio, and television, media in the inevitable to reproduction or reference has published of works; (four) newspaper, and journals, and radio, and television, media published or play other newspaper, and journals, and radio, and television, media has published of on political, and economic, and religious problem of events sex articles, but author statement no published, and play of except; (five) newspaper, and journals, and radio, and television, media published or play in public rally Shang published of speech, but author statement no published, and Play of except; (six) for school class teaching or scientific research, translation or few copy has published of works, for teaching or research personnel using, but shall not published issued; (seven) State for implementation corporate in reasonable range within using has published of works; (eight) library, and archives, and Memorial, and Museum, and Gallery, for displayed or save version of need, copy this museum collection of works; (nine) free performances has published of works, the performances not to public charged costs,　 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) to Chinese citizens, legal persons or other organizations have published works of Chinese language translation into minority languages works published in domestic (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, (ii) licensing the right to use is the exclusive or non-exclusive use, (iii) the geographic scope, period of the license; (d) the pay standards and methods; (v) 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) name of the work, (ii) transfer of the right type, geographic scope, (iii) transfer price; (d) the date and manner of delivery of the transfer price (v) breach; (f) the parties consider it necessary to contract more. Article 26th 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. 27th use of paid work standards stipulated 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. 28th article 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 29th book publisher who publishes a book should conclude a publishing contract and copyright owner and pay. Article 30th 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. 31st 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 bear civil liability in accordance with 53rd of this law. 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. Article 32nd copyright submissions to newspapers, periodicals, 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 33rd 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. Article 34th 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.　 35th 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 the 36th article using someone else's work performances, 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.　 37th article performances who on its performances enjoys following right: (a) showed that performances who identity; (ii) protection performances image not by distorted; (three) license others from site live and public transfer its site performances, and get paid; (four) license others recording video, and get paid; (five) license others copy, and issued recorded has its performances of recording video products, and get paid; (six) license others through information network to public spread its performances, and get paid. Licensee before subparagraph (iii) to (vi) works in the manner prescribed, shall obtain the permission of the copyright owner, and paid.　 37th 38th article of the law, paragraph (a), (b) provision of rights protection without restriction. 37th 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 recording video sound recordings and video recordings of the 39th article using someone else's work making video recordings, 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. 40th article of sound recordings and video recordings the producer, shall conclude a contract with the performers, and pay.　 41st 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.　 Fourth section, radio stations and television stations play a 42nd 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. Article 43rd radio and television stations broadcast 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.　 44th 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. 45th television other 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.　 Fifth chapter legal responsibility and law enforcement measures 46th article has following infringement behavior of, should according to situation, bear stop against, and elimination effect, and apologized, and compensation loss, civil responsibility: (a) without copyright people license, published its works of; (ii) without cooperation author license, will and others cooperation creation of works as himself separate creation of works published of; (three) no participate in creation, for seek personal fame, in others works Shang signature of; (four) distorted, and tampered with others works of; (Five) plagiarism others works of; (six) without copyright people license, to exhibition, and filmed movie and to similar filmed movie of method using works, or to adapted, and translation, and comments, way using works of, this method another has provides of except; (seven) using others works, should paid paid and not paid of; (eight) without movie works and to similar filmed movie of method creation of works, and computer software, and recording video products of copyright people or and copyright about of right people license, Rental its works or recording video products of, this method another has provides of except; (nine) without published who license, using its published of books, and journals of layout design of; (ten) without performances who license, from site live or public transfer its site performances, or recording its performances of; (11) other violations copyright and and copyright about of interests of behavior. 　 47th 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 copyright people license, copy, and issued, and performances, and show, and broadcast, and compilation, and through information network to public spread its works of, this method another has provides of except; (ii) published others enjoys proprietary published right of books of; (three) without performances who license, copy, and issued recorded has its performances of recording video products, or through information network to public spread its performances of, this method another has provides of except; (four) without recording video making who license, copy, and issued, and　 Through information network to public spread its making of recording video products of, this method another has provides of except; (five) without license, play or copy broadcast, and TV of, this method another has provides of except; (six) without copyright people or and copyright about of right people license, deliberately avoid or damage right people for its works, and recording video products, take of protection copyright or and copyright about of right of technology measures of, legal, and administrative regulations another has provides of except; (VII) without the permission of the copyright owner or rights related to copyright, deliberately removed or changed work, sound recording or video recording of electronic rights management information, except as otherwise provided in laws and administrative regulations; (VIII) producing or selling fake signature works by others. 48th of infringement of copyright or copyright-related rights, and tort compensation for actual damages shall, 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.　 49th 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 stopped 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.　 50th article 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. 51st Court for violations of copyright or copyright-related right, confiscate the illegal income of property, infringing and illegal activities. 52nd 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. 53rd 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.　 54th 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. 55th on an administrative punishment is dissatisfied, he 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. Sixth chapter supplementary articles article 56th copyright copyright in this law. 57th publication of the Act referred to in article, refers to the reproduction and distribution of works. Article 58th of computer software, protection of the right to network dissemination of information by the State Council separately.　 59th 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. The 60th This law shall enter into force on June 1, 1991.