The State Council On Amending The People's Republic Of China Implementing Regulations Of The Copyright Law Decision

Original Language Title: 国务院关于修改《中华人民共和国著作权法实施条例》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/xzfg/201302/20130200383844.shtml

People's Republic of China promulgated by Decree No. 633

                        
The State Council on changes of People's Republic of China implementing regulations of the copyright law, the Executive meeting of the State Council on January 16, 2013 No. 231 of the decision adopted, promulgated and take effect on March 1, 2013.
                             Prime Minister Wen Jiabao
  State Council on January 30, 2013, on amending the People's Republic of China implementing regulations of the copyright law decision

Decision of the State Council of the People's Republic of China implementing regulations of the copyright law to make the following modifications: Will 36th article modified for: "has copyright method 48th article by column infringement behavior, while damage social public interests, illegal business amount 50,000 yuan above of, copyright administration sector can at illegal business amount 1 time times above 5 times times following of fine; no illegal business amount or illegal business amount 50,000 yuan following of, copyright administration sector according to plot weight, can at 250,000 yuan following of fine.



This decision shall take effect on March 1, 2013.

People's Republic of China implementing regulations of the copyright law in accordance with this decision be revised and republished.
  People's Republic of China regulations on implementation of the copyright law

(August 2, 2002 People's Republic of China promulgated by Decree No. 359 posted on January 8, 2011 the State Council concerning the annulment and the first revision of the decision to modify the part of the administrative regulations under the State Council on January 30, 2013 modified People's Republic of China implementing regulations of the copyright law, the decision of the second amendment)

Article in accordance with the People's Republic of China copyright law (hereinafter referred to as the copyright law), this Ordinance is enacted.

Article works in copyright law, refers to literature, art and science in the field of original and reproduced in a tangible form of intellectual achievement.

Article creation in copyright law, refers to direct intelligence activities that literary, artistic and scientific works.

Organizing creative work for others, and provision of consultation, material means or other auxiliary functions, shall not be regarded as creating.

Article fourth of copyright law and the meaning of this Ordinance, the following works:

(A) written works, refers to the novels, poems, prose, essays and other works expressed in writing;

(B) oral works, refers to impromptu speeches, lectures and Court debates works expressed in spoken language form;

(C) musical works, refers to songs, symphonies and other can be sung or performed works, with or without accompanying words;

(D) dramatic works, refers to modern drama, Opera, local operas and other works for stage performance;

(E) the works of folk art, refers to the comic, and talented, drums, storytelling RAP as the main form of performance of works;

(Vi) choreographic works, by means of continuous movements, gestures, expressions of thoughts and feelings, such as work;

(VII) acrobatic works, refers to acrobatics, magic, circuses and other works expressed through physical actions and skills;

(H) works of art, refers to painting, calligraphy, sculpture, such as lines, colors or other form of aesthetic significance of Planar or solid modeling works of art;

(IX) construction works, refers to the form of buildings or structures of aesthetic work;

(J) photographic works refers to machinery in sensitive materials on recording images of objects of art or other media work;

(11) cinematographic works and the works created by a process analogous to cinematography, refers to the production of certain media, composed of a series of pictures with sound or no sound, and using the appropriate device showing or dissemination of works in other ways;

(12) the graphic works refer to construction, production engineering, product design, diagrams, and reflect the geographical phenomena, description, principles or structure maps, sketches and other works;

(13) model works, is for display, testing or observation purposes, according to the shape and structure of the object, made according to proportion of three-dimensional works.

Article fifth copyright law and these regulations, the following terms mean:

(A) current events, by means of newspapers, periodicals, radio, television and other media, the mere report of facts;

(B) sound recordings, refers to any performance of voice and other sound recordings;

(C) video productions, refers to film and to the works created by a process analogous to cinematography of any sound or no sound fixation of related images, images in a row;

(D) the producer of sound recordings, refers to the original producer of Phonograms;

(E) video recordings refers to the first producer of the video;

(Vi) performer refers to the actor, the show unit or other people who perform literary and artistic works.

Article sixth copyright from the date of completion of works.

Article seventh copyright law provisions of the third paragraph of article first published in China by foreigners, stateless persons and works, and the protection of their copyright from the date it was first published.

Article eighth foreigner or stateless person works first published outside China, 30th published in China within, as the works published in China.

Nineth joint authorship may not be separated for use, copyright by the co-authors jointly enjoyed by consensus; unable to reach consensus, without a legitimate reason, either party shall not prevent parties from exercising other rights except for the transfer, but the proceeds should be rationally allocated for all co-authors.

Article tenth copyright permission from others his works made into films and the works created by a process analogous to cinematography, and deemed to have agreed to work for the necessary changes, but that such changes must not distort tampered with the original works.

11th copyright law provisions on works of the 16th article of the "work" refers to citizens shall perform the duties of the legal person or the organization.

Copyright law provisions on works of the 16th article of the "technical conditions", refers to the legal person or organization for citizens to make a special offer funds, equipment and information.

12th post works completed within two years, agreed by the unit, the author licensed third party and paid to use works in the same way that, in proportion to and agreed by the author.

Works completed the two-year time limit from the date on which the work is delivered to unit. 13th works of unknown authorship, exercised by the original copy of a work for all copyright except the right of authorship.

Authorship established, by the author or his heirs to exercise copyright.

14th following the death of one of the joint authors, its copyright law to cooperative work the fifth to tenth, paragraph rights no one inherits under the 17th and no bequest, enjoyed by the other joint authors.

15th after the death of the author, the copyright rights of authorship, alteration and protection of the integrity of the works protected by the author's heir or legatee.

Not inherited and no bequest of copyright, the rights of authorship, alteration and protection of the integrity of the works protected by the Copyright Administration Department.

16th State use of copyright works, managed by the Copyright Administration Department under the State Council.

17th an unpublished work by author, if the author does not specifically exclude published within 50 years after the death of the author, the publication right can be exercised by the heir or legatee; no heirs and no bequest, by the owner of the original copy of the work to exercise. Article 18th works of unknown authorship, copyright law in its tenth fifth between the 17th and the rights provided for in the first paragraph of works first published the 50th year after the protection expires on December 31.

Authorship established, applying the provisions of article 21st of the copyright law.

19th use the works of others, should indicate the author's name, a work; however, the parties have agreed otherwise or unless specified in writing is used cannot be.

20th has published work in copyright law, refers to the copyright holders themselves, or to authorize others to public works.

21st in accordance with the relevant provisions of the copyright law, can be used without the permission of the copyright of a published work, should not affect the normal use of the work and do not unreasonably prejudice the legitimate interests of the copyright owner.

Articles 22nd 23rd in accordance with copyright law, article 33rd, 40th article of provisions on paid basis, by the Copyright Administration Department under the State Council in conjunction with the Department in charge of price under the State Council formulated and promulgated.

23rd article using someone else's work shall conclude a licensing contract with copyright owners, licensing the right to use the proprietary right, should be in writing, except for newspaper and periodical published works.

Article 24th copyright law article 24th exclusive content provided by the contract, is not stipulated in the contract or the agreement is unknown, as a licensee has the right to exclude any person, including copyright works in the same way unless otherwise specified in the contract and authorize a third party to exercise the same rights of the licensee must obtain permission from the copyright owner.

25th and entered into exclusive licensing contracts, the contract of assignment of the copyright owner, you can copyright administrative departments for the record.

Article 26th and referred to in the regulations of the copyright law and copyright-related rights, refers to the Publisher on the publication of books and periodicals layout design rights of performers on his performance, enjoy the right, sound recordings and video recordings of right to their recordings and radio and television stations the right to broadcast radio or television programme.

27th publishers, performers, producers of sound recordings and video recordings, radio and television stations to exercise their rights, and original works shall not prejudice the rights of the copyright owner.

28th book publishing contract a book publisher has the exclusive copyrights but did not make clear its specific content, as a book publisher in the contract effective period and within the geographical scope of the contract to the same text in the original, revised editions published by exclusive rights.

29th the copyright owner send book publisher of the two orders within the 6 months have not been fulfilled, as copyright law referred to in article 32nd book is out of stock.

Article 30th according to the 33rd article of the copyright statement of the copyright owner shall not be reproduced excerpts of his works, the works should be published in the newspapers and periodicals with statement.
31st copyright according to the copyright law 40th article declared of his works shall not be a producer of sound recordings shall be lawful when recording for sound recordings of the works declared.

32nd in accordance with copyright law, article 23rd, 33rd, 40th, the provisions of article II, using the works of others, should be used within 2 months from the date of the work pay the copyright owner.

Article 33rd performance in China by foreigners, stateless persons, are protected by copyright law.

Foreigners and stateless persons rights under the international treaties China acceded to his performance, are protected by copyright law.

Article 34th foreigners and stateless persons within the territory of China production, distribution of sound recordings, is protected by copyright laws.

Foreigners and stateless persons in accordance with international treaties China acceded to its production, distribution of phonograms enjoy the right, protected by the copyright law.

35th foreign radio and television stations played them based on China's participation in international treaties of broadcast, TV rights, are protected by copyright law.

Article 36th copyright violations listed in the 48th, and harm the public interest, illegal turnover of more than 50,000 yuan, illegal business and Copyright Administration Department 1 time more than 5 times the amount of a fine; no amount of illegal business operations or the illegal business of up to 50,000 yuan, copyright administrative authorities according to the circumstances, to a fine of up to 250,000 yuan.

37th copyright violations listed in the 48th, and harm the public interest, the copyright Administrative Department of the local people are responsible for investigation and punishment.

The Copyright Administration Department under the State Council may investigate and punish infringement activities has significant influence in the country. 38th article of the regulations come into force on September 15, 2002. May 24, 1991 the State Council for approval on May 30, 1991, issued by the national copyright administration of the People's Republic of China implementing regulations of the copyright law be repealed simultaneously.