LAWS AND REGULATIONS

(Adopted at the 15th meeting of the Standing Committee of the Seventh National People's Congress on September 7, 1990, the first amendment was made in accordance with the Decision on Amending the Copyright Law of the People's Republic of China adopted at the 24th meeting of the Standing Committee of the Ninth National People's Congress on October 27, 2001 Amended the second time in accordance with the Decision on Amending the Copyright Law of the People's Republic of China adopted at the 13th Meeting of the Standing Committee of the 11th National People's Congress on February 26, 2010 Amended in accordance with the Decision on Amending the Copyright Law of the People's Republic of China adopted at the 23rd Meeting of the Standing Committee of the 13th National People's Congress on November 11, 2020)

Catalogue

Chapter I  General rules

Chapter II  Copyright

Section 1 Copyright Owners and their Rights

Section 2 Ownership of copyright

Section 3 Term of Protection of Rights

Section 4 Limitation of Rights

Chapter III Copyright licensing and Transfer Contracts

Chapter IV Rights related to copyright

Section 1 Publication of books, newspapers and periodicals

Section 2 Representation

Section 3 Audio and Video recording

Section 4 Broadcast by radio stations and television stations

Chapter V Protection of copyright and copyright-related rights

Chapter VI Supplementary Provisions

Chapter I General rules

Article 1 This Law is enacted in accordance with the Constitution for the purpose of protecting the copyright of authors of literary, artistic and scientific works and their rights and interests related to copyright, encouraging the creation and dissemination of works conducive to the construction of socialist spiritual and material civilization, and promoting the development and prosperity of socialist culture and science.

Article 2 Works of Chinese citizens, legal persons or organizations without legal personality, whether published or not, shall enjoy copyright in accordance with this Law.

The copyright in works of foreigners and stateless persons enjoyed in accordance with an agreement concluded between the country to which the author belongs or has his habitual residence and China or an international treaty to which both countries are parties shall be protected by this Law.

Works of foreigners and stateless persons first published within the territory of China shall enjoy copyright in accordance with this Law.

Works of authors from countries that have not signed an agreement with China or are parties to international treaties with China, as well as those of stateless persons, published for the first time in a member State of an international treaty to which China is a party, or published simultaneously in a member State and a non-member State, shall be protected by this Law.

Article 3 For the purposes of this Law, the term "works" refers to intellectual achievements in the fields of literature, art and science that are original and can be expressed in certain forms, including:

(1) written works;

(2) oral works;

(3) works of music, drama, folk art, dance or acrobatics;

(4) works of art and architecture;

(5) photographic works;

(6) audiovisual works;

(7) engineering design drawings, product design drawings, maps, schematics and other graphic works and model works;

(8) computer software;

(9) other intellectual achievements consistent with the characteristics of the work.

Article 4 In exercising their rights, copyright owners and copyright related right holders shall not violate the Constitution and laws or harm the public interests. The State shall exercise supervision and administration over the publication and dissemination of works in accordance with law.

Article 5 This Law shall not apply to:

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

(2) Simple factual information;

(3) Calendars, general numerical tables, general tables and formulas.

Article 6 Measures for copyright protection of works of folk literature and art shall be formulated separately by The State Council.

Article 7 The competent copyright department of the State shall be responsible for the administration of copyright throughout the country. Local competent copyright departments at or above the county level shall be responsible for the administration of copyright in their respective administrative areas.

Article 8 Copyright owners and copyright-related right holders may authorize collective copyright administration organizations to exercise copyright or copyright-related rights. A collective copyright administration organization established according to law is a non-profit legal person. After being authorized, it may, in its own name, claim rights for copyright owners and copyright-related right holders, and may, as a party, engage in litigation, arbitration and mediation activities involving copyright or copyright-related rights.

The copyright collective management organization shall collect royalties from the users according to the authorization. The standards for the collection of royalties shall be determined through consultation between the collective copyright administration organization and the representatives of the users. If no agreement can be reached through consultation, they may apply to the competent copyright department of the State for a ruling. If they are not satisfied with the ruling, they may bring a suit in a people's court. A party may also bring a suit directly in a people's court.

Copyright collective administrative organizations shall regularly publish to the public the general information on the collection and transfer of royalties, the extraction and use of management fees, and the undistributed portion of royalties, and shall establish an information query system for rights owners and users. The competent copyright department of the State shall supervise and manage the collective copyright administration organizations according to law.

The forms of establishment, rights and obligations, collection and distribution of royalties, and supervision and administration of collective copyright management organizations shall be formulated separately by The State Council.

Chapter II Copyright

Section 1 Copyright Owners and their Rights

Article 9 Copyright owners shall include:

(1) The author;

(2) Other natural persons, legal persons or organizations without legal personality 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 a work should be made public;

(2) The right of authorship, that is, the right to indicate authorship and sign the name of a work;

(3) The right of modification, that is, the right to modify or authorize others to modify a work;

(4) The right to protect the integrity of the work, that is, the right to protect the work from distortion or tampering;

(5) The right of reproduction, that is, the right to make one or more copies of a work by means of printing, copying, rubbing, sound recording, video recording, reproduction, digitization, etc.;

(6) The right of distribution, that is, the right to make originals or copies of works available to the public by way of sale or donation;

(7) The right to lease, that is, the right to license others for compensation to temporarily use the original or copy of the audiovisual work or computer software, unless the computer software is not the main subject of the lease;

(8) The right of exhibition, that is, the right to publicly display the original or duplicate copies of works of fine arts and photographic works;

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

(10) The right of projection, that is, the right to publicly reproduce fine art, photography, audio-visual works, etc., by means of projectors, slide projectors and other technical equipment;

(11) The right to broadcast, that is, the right to publicly communicate or retransmit a work by wired or wireless means, and to communicate a broadcast work to the public by means of loudspeakers or other similar means of transmitting symbols, sounds or images, excluding the right provided for in paragraph 12 of this paragraph;

(12) The right of information network dissemination, that is, the right to make the work available to the public by wired or wireless means, so that the public can obtain the work at a time and place of their choice;

(13) The right of production, that is, the right to fix the work on the carrier by means of the production of an audiovisual work;

(14) The right of adaptation, that is, the right to alter a work and create a new work with originality;

(15) The right to translation, the right to convert a work from one language into another;

(16) The right of assembly, that is, the right to assemble a work or fragments of a work into a new work by selection or arrangement;

(17) Other rights that shall be enjoyed by the copyright owner.

The copyright owner may license others to exercise the rights provided for in Items 5 to 17 of the preceding paragraph and receive remuneration in accordance with the agreement or the relevant provisions of this Law.

Copyright owners may transfer, in whole or in part, the rights provided for in subparagraphs 5 to 17 of Paragraph 1 of this Article, and receive remuneration in accordance with the agreement or the relevant provisions of this Law.

Section 2 Ownership of copyright

Article 11 Except as otherwise provided for in this Law, the copyright belongs to the author.

The natural person who created the work is the author.

If a work is created on behalf of a legal person or organization without legal personality and is created under the auspices of the legal person or organization without legal personality and for which the legal person or organization without legal personality is responsible, the legal person or organization without legal personality shall be regarded as the author.

Article 12 The natural person, legal person or unincorporated organization whose name is affixed to a work is the author, and the corresponding rights exist in the work, unless there is proof to the contrary.

Authors and other copyright owners may register their works with the registration institutions recognized by the competent copyright department of the State.

The rights relating to copyright shall be governed by the provisions of the preceding two paragraphs.

Article 13 The copyright in a work created by adaptation, translation, annotation or arrangement of a pre-existing work shall be enjoyed by the person who adapted, translated, annotated or arranged the work, provided that the exercise of such copyright shall not infringe upon the copyright in the original work.

Article 14 The copyright in a work created jointly by two or more persons shall be jointly enjoyed by the co-authors. A person who did not participate in the creation of the book may not be a co-author.

The copyright in a joint work shall be exercised by the co-authors through consensus through consultation. If no consensus can be reached through consultation and there is no valid reason, neither party shall prevent the other party from exercising other rights other than transferring, licensing others for exclusive use or pledging, provided that the proceeds obtained shall be reasonably distributed to all co-authors.

Where a joint work can be used separately, the authors may separately enjoy the copyright in the part created by them, provided that the exercise of the copyright in the joint work as a whole shall not infringe upon the copyright in the joint work as a whole.

Article 15 A work in which the compilation of a number of works, fragments of a work, or data or other materials that do not constitute a work, or in which the selection of its contents or arrangement reflects originality, is a work of compilation, the copyright of which shall be enjoyed by the assembler, provided that the exercise of such copyright shall not infringe upon the copyright in the original work.

Article 16 Where a work created by adaptation, translation, annotation, arrangement or compilation of a pre-existing work is used for publication, performance or production of a sound recording or video recording, permission shall be obtained from, and remuneration shall be paid to, the copyright owner of the said work and the copyright owner of the original work.

Article 17 The copyright in a cinematographic or teleplay work in an audiovisual work shall be enjoyed by the producer. However, authors such as scriptwriters, directors, photographers, lyricists and composers shall enjoy the right of authorship and shall be entitled to remuneration in accordance with the contract concluded with the producer.

The ownership of copyright in audiovisual works other than those provided for in the preceding paragraph shall be agreed upon by the parties concerned; Where there is no agreement or the agreement is not clear, the producer shall enjoy the rights, but the author shall have the right of authorship and the right to remuneration.

The authors of works such as scripts and music in audiovisual works that can be used separately shall have the right to exercise their copyright separately.

Article 18 A work created by a natural person for the purpose of completing the work of a legal person or an organization without legal personality is a work for service. Except as provided for in paragraph 2 of this Article, the copyright shall be enjoyed by the author, provided that the legal person or organization without legal personality has the right to use it first within the scope of its business. Within two years of the completion of the work, without the consent of the unit, the author may not permit a third party to use the work in the same way as the unit.

In any of the following cases, the author of a work for service shall enjoy the right of authorship, and the other rights of copyright shall be enjoyed by a legal person or an unincorporated organization, which may award the author:

(1) Works of service, such as engineering designs, product designs, maps, diagrams, computer software, etc., created mainly with the material and technical resources of a legal person or organization without legal personality, for which the legal person or organization without legal personality is responsible;

(2) Job-related works created by the staff of newspaper offices, periodical houses, news agencies, radio stations or television stations;

(3) Works for which the copyright is enjoyed by legal persons or organizations without legal personality as provided by laws or administrative regulations or as agreed in contracts.

Article 19 The ownership of copyright in a commissioned work shall be agreed upon in a contract between the commissioning party and the entrusted party. Where there is no explicit stipulation in the contract or no contract is concluded, the copyright belongs to the trustee.

Article 20 The transfer of ownership of the original work shall not change the ownership of the copyright in the work, but the right to exhibit the original of a fine art or photographic work shall be enjoyed by the owner of the original.

If an author transfers the ownership of the original of an unpublished art or photographic work to another person, the exhibition of the original by the transferee shall not constitute an infringement of the author's right of publication.

Article 21 Where the copyright belongs to a natural person, after the death of the natural person, the rights provided for in subparagraphs 5 to 17 of paragraph 1 of Article 10 of this Law shall be transferred according to law within the period of protection provided for in this Law.

Where the copyright belongs to a legal person or unincorporated organization, after the change or termination of the legal person or unincorporated organization, the rights provided for in subparagraphs 5 to 17 of paragraph 1 of Article 10 of this Law shall, during the period of protection provided for in this Law, be enjoyed by the legal person or unincorporated organization that assumes the rights and obligations thereof. The rights and obligations of a legal person or organization without legal personality shall be enjoyed by the State.

Section 3 Term of Protection of Rights

Article 22 The term of protection of an author's right of authorship, right of alteration and right to protect the integrity of his work shall not be limited.

Article 23 The term of protection of the right of publication of a work of a natural person and the rights provided for in subparagraphs 5 to 17 of paragraph 1 of Article 10 of this Law shall be the life of the author and fifty years after his death, expiring on December 31 of the fiftieth year after the death of the author; In the case of a collaborative work, it shall expire on December 31 of the fiftieth year after the death of the last deceased author.

For a work of a legal person or organization without legal personality, or for a work of service in which the copyright (except the right of authorship) is enjoyed by a legal person or organization without legal personality, the term of protection of the right of publication shall be fifty years, expiring on December 31 of the fiftieth year after the completion of the creation of the work; The term of protection of the rights provided for in subparagraphs (5) to (17) of paragraph 1 of Article 10 of this Law shall be fifty years, expiring on December 31 of the fiftieth year after the first publication of the work, provided that the work which has not been published within fifty years after the completion of its creation shall no longer be protected by this Law.

For an audiovisual work, the term of protection of the right of publication shall be fifty years, expiring on December 31 of the fiftieth year after the completion of the creation of the work; The term of protection of the rights provided for in subparagraphs (5) to (17) of paragraph 1 of Article 10 of this Law shall be fifty years, expiring on December 31 of the fiftieth year after the first publication of the work, provided that the work which has not been published within fifty years after the completion of its creation shall no longer be protected by this Law.

Section 4 Limitation of Rights

Article 24 In the following circumstances, a work may be used without the permission of, or payment of remuneration to, the copyright owner, provided that the name or title of the author and the title of the work shall be specified, and the normal use of the work shall not be affected, and the legitimate rights and interests of the copyright owner must be reasonably impaired:

(1) Using a published work of others for personal study, research or enjoyment;

(2) Appropriately quoting a published work of others in a work for the purpose of introducing or commenting on a work or explaining a problem;

(3) Unavoidably reproducing or quoting a published work in newspapers, periodicals, radio stations, television stations or other media for the purpose of reporting news;

(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, except where the copyright owner has declared that the publication or broadcast is not permitted;

(5) Publication or broadcast by newspapers, periodicals, radio stations, television stations and other media of a speech delivered at a public meeting, except where the author declares that such publication or broadcast is not permitted;

(6) To translate, adapt, compile, broadcast or reproduce in a small amount a published work for the purpose of classroom teaching or scientific research in schools for the use of teaching or scientific research personnel, but not to publish or distribute it;

(7) The use of a published work by a state organ within a reasonable scope for the performance of its official duties;

(8) Libraries, archives, memorial halls, museums, art galleries, cultural centers, etc., reproduce works in their collections for the purpose of displaying or preserving editions;

(9) Free performance of a published work, which does not collect fees from the public or pay remuneration to the performers, and is not for the purpose of making profits;

(10) Copying, drawing, photographing or videotaping an artistic work installed or displayed in a public place;

(11) To translate published works created in the spoken or written languages of the State by Chinese citizens, legal persons or organizations without legal personality into the spoken or written languages of ethnic minorities for publication and distribution in the country;

(12) To make a published work accessible to a person with a reading disability;

(13) Other circumstances provided for by laws and administrative regulations.

The provisions of the preceding paragraph shall apply to restrictions on copyright-related rights.

Article 25 Where textbooks are prepared and published for the purpose of implementing compulsory education or the State plan for education, they may, without the permission of the copyright owner, compile in the textbooks fragments of published works, short literary works, musical works, single works of fine art, photographic works or graphic works, provided that remuneration shall be paid to the copyright owner in accordance with relevant regulations. The name or title of the author and the title of the work shall be specified, and shall not infringe upon other rights enjoyed by the copyright owner in accordance with this Law.

The provisions of the preceding paragraph shall apply to restrictions on copyright-related rights.

Chapter III Copyright licensing and Transfer Contracts

Article 26 A license contract shall be concluded with the copyright owner for the use of a work of another person, except where no license is required as provided in this Law.

The license contract includes the following main contents:

(1) The types of rights licensed;

(2) Whether the licensed right is exclusive or non-exclusive;

(3) The territorial scope and duration of the licensed use;

(4) The standard and method of remuneration;

(5) Liability for breach of contract;

(6) Other contents deemed necessary by both parties.

Article 27 A written contract shall be concluded for the assignment of the rights provided for in subparagraphs 5 to 17 of paragraph 1 of Article 10 of this Law.

The rights transfer contract includes the following main contents:

(1) The title of the work;

(2) The type and geographical scope of the rights transferred;

(3) Transfer price;

(4) The date and method of delivery of the transfer price;

(5) Liability for breach of contract;

(6) Other contents deemed necessary by both parties.

Article 28 Where the property right in copyright is pledged, the pledgor and the pledgee shall register the pledge according to law.

Article 29 Without the consent of the copyright owner, the other party may not exercise any right not explicitly licensed or transferred by the copyright owner in a license or assignment contract.

Article 30 The standard of remuneration for the exploitation of a work may be agreed upon by the parties concerned, or may be paid in accordance with the standard of remuneration formulated jointly by the competent copyright department of the State and other relevant departments. If the agreement between the parties is not clear, the remuneration shall be paid according to the remuneration standard formulated jointly by the competent copyright department of the State and other relevant departments.

Article 31 Publishers, performers, producers of sound recordings and video recordings, radio stations, television stations, etc. who use a work of others in accordance with the relevant provisions of this Law shall not infringe upon the author's right of authorship, right of alteration, right to protect the integrity of the work and right to remuneration.

Chapter IV Rights related to copyright

Section 1 Publication of books, newspapers and periodicals

Article 32 A book publisher who publishes a book shall conclude a publishing contract with, and pay remuneration to, the copyright owner.

Article 33 The exclusive right of publication enjoyed by a book publisher in accordance with the contract for a work delivered for publication by the copyright owner shall be protected by law, and no one else may publish the work.

Article 34 The copyright owner shall deliver the work within the time limit stipulated in the contract. The book publisher shall publish the book in accordance with the quality and time limit of publication stipulated in the contract.

A book publisher who fails to publish within the time limit stipulated in the contract shall bear civil liability in accordance with Article 61 of this Law.

A book publisher who reprints or republishes a work shall notify and pay remuneration to the copyright owner. If the book publisher refuses to reprint or republish a book after it is out of stock, the copyright owner shall have the right to terminate the contract.

Article 35 Where a copyright owner has submitted a work to a newspaper or periodical publication and has not received a notice from the newspaper or periodical publication within 15 days from the date of publication of the work, or has not received a notice from the periodical publication of the work and has decided to publish it within 30 days from the date of publication, he may submit the same work to other newspaper or periodical publication. Unless otherwise agreed by both parties.

After the publication of a work, other newspapers and periodicals may reprint it or publish it as abstracts or materials, except where the copyright owner has stated that it shall not be reproduced or edited, provided that remuneration shall be paid to the copyright owner in accordance with relevant provisions.

Article 36 A book publisher may modify or abridged a work with the permission of the author.

Newspaper offices and periodical publishers may make textual modifications and abridgments of works. Any modification of the contents shall be approved by the author.

Article 37 Publishers shall have the right to license or prohibit others from using the layout design of their published books and periodicals.

The term of protection of the rights provided for in the preceding paragraph shall be ten years, expiring on December 31 of the tenth year after the first publication of the book or periodical using the format.

The second section shows

Article 38 A performer who uses a work of others for a performance shall obtain permission from, and pay remuneration to, the copyright owner. Where a performance organizer organizes a performance, the organizer shall obtain permission from, and pay remuneration to, the copyright owner.

Article 39 Performers shall enjoy the following rights in respect of their performances:

(1) Lndicate the identity of the performer;

(2) To protect the image of the performance from distortion;

(3) To permit others to broadcast live and publicly transmit their live performances, and to receive remuneration;

(4) To permit others to make sound recordings and video recordings, and to receive remuneration;

(5) To permit others to reproduce, distribute or rent a sound recording or video recording of his performance, and to receive remuneration;

(6) To permit others to disseminate their performances to the public through information networks, and to receive remuneration.

Where a licensee uses a work in the manner specified in subparagraphs 3 to 6 of the preceding paragraph, he shall also obtain permission from, and pay remuneration to, the copyright owner.

Article 40 A performance performed by an actor for the purpose of fulfilling the performance tasks of his/her performance unit shall be a job performance. The actor/actress shall have the right to express his/her identity and to protect the image of the performance from distortion. Other rights shall be agreed upon by the parties concerned. Where the parties have not agreed or the agreement is not clear, the right of duty performance shall be enjoyed by the performing unit.

Where the right of duty performance is enjoyed by the actor, the performance unit may use the performance free of charge within the scope of its business.

Article 41 The term of protection of the rights provided for in subparagraphs (1) and (2) of paragraph 1 of Article 39 of this Law shall not be limited.

The term of protection of the rights provided for in subparagraphs 3 to 6 of paragraph 1 of Article 39 of this Law shall be fifty years, expiring on December 31 of the fiftieth year after the occurrence of the performance.

Section 3 Audio and Video recording

Article 42 Where a producer of sound recordings or video recordings uses a work of others to make a sound recording or video recording, he shall obtain permission from, and pay remuneration to, the copyright owner.

Where a producer of a sound recording uses a musical work lawfully recorded as a sound recording by another person to make a sound recording, he may not obtain permission from the copyright owner, but shall pay remuneration in accordance with relevant regulations; Where the copyright owner has declared that such use is not permitted, it shall not be used.

Article 43 When producing a sound recording or video recording, the producer shall conclude a contract with and pay remuneration to the performer.

Article 44 A producer of sound recordings and video recordings shall have the right to authorize others to reproduce, distribute, rent, disseminate to the public through information networks and receive remuneration for the sound recordings and video recordings he has produced; The term of protection of the right shall be fifty years, expiring on December 31 of the fiftieth year after the first production of the article.

A licensee who reproduces, distributes or disseminates to the public through information networks shall obtain permission from, and pay remuneration to, the copyright owner and performer; The licensee shall also obtain permission from and pay remuneration to the performer for the rental of audio and video recordings.

Article 45 Where a sound recording is used for public wired or wireless transmission, or is publicly broadcast to the public by means of technical equipment for the transmission of sound, remuneration shall be paid to the producer of the sound recording.

Section 4 Broadcast by radio stations and television stations

Article 46 In broadcasting an unpublished work of others, a radio station or television station shall obtain permission from, and pay remuneration to, the copyright owner.

Where a radio station or television station broadcasts a published work of others, it may not obtain permission from the copyright owner, but it shall pay remuneration in accordance with relevant regulations.

Article 47 A radio station or television station shall have the right to prohibit the following acts without its permission:

(1) Retransmission by wired or wireless means of its broadcast radio or television;

(2) Recording and reproduction of radio and television broadcasts;

(3) To disseminate its broadcast radio and television to the public through information networks.

In exercising the rights provided for in the preceding paragraph, a radio station or television station shall not affect, restrict or infringe upon the exercise of copyright or copyright-related rights by others.

The term of protection of the rights provided for in paragraph 1 of this Article shall be fifty years, expiring on December 31 of the fiftieth year after the first broadcast of the radio or television.

Article 48 In broadcasting an audio-visual work or video-recording product of another person, a television station shall obtain permission from, and pay remuneration to, the copyright owner or producer of the audio-visual work; In broadcasting a video-recording product of another person, permission shall be obtained from, and remuneration paid to, the copyright owner.

Chapter V Protection of copyright and copyright-related rights

Article 49 In order to protect copyright and copyright-related rights, the right holder may take technical measures.

Without the permission of the right holder, no organization or individual may intentionally avoid or destroy the technical measures, manufacture, import or provide to the public the relevant devices or components for the purpose of avoiding or destroying the technical measures, and may not intentionally provide technical services for others to avoid or destroy the technical measures. However, except for the circumstances that can be avoided according to laws and administrative regulations.

The technical measures referred to in this Law refer to effective technologies, devices or components used to prevent or restrict the viewing and appreciation of a work, performance, sound recording or video recording, or the provision of a work, performance, sound recording or video recording to the public through information networks without the permission of the right holder.

Article 50 In the following circumstances, technical measures may be avoided, but technology, devices or components that avoid technical measures may not be provided to others, and other rights enjoyed by the right holder according to law may not be infringed:

(1) Providing a small number of published works for use by teachers or researchers for classroom teaching or scientific research, and the works are not available through normal means;

(2) Making a published work available to a person with a reading disability, not for profit, in an accessible manner that is perceived by the person with a reading disability, and which is not available through normal means;

(3) State organs perform their functions in accordance with administrative, supervisory and judicial procedures;

(4) Testing the security performance of computers and their systems or networks;

(5) Conducting research on encryption or reverse engineering of computer software.

The provisions of the preceding paragraph shall apply to restrictions on copyright-related rights.

Article 51 Without the permission of the right holder, the following acts shall not be carried out:

(1) Lntentionally deleting or altering the rights management information of a work, layout design, performance, sound recording or video recording, or radio or television, except where it is unavoidable for technical reasons;

(2) Knowing or should have known that the rights management information of a work, layout design, performance, sound recording or video recording, or radio or television has been deleted or changed without permission, and is still available to the public.

Article 52 Where any of the following torts has been committed, it shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the impact, offering an apology, and compensating for losses:

(1) Publishing a work without the permission of the copyright owner;

(2) Publishing a work co-created with others as a work created solely by oneself without the permission of the co-authors;

(3) Signing his name on a work of others for the purpose of seeking personal fame and gain without participating in the creation;

(4) Distorting or tampering with the works of others;

(5) Plagiarizing the works of others;

(6) Using a work in the form of exhibition or production of an audiovisual work, or in the form of adaptation, translation, annotation, etc., without the permission of the copyright owner, except as otherwise provided in this Law;

(7) Where remuneration should be paid for the use of a work by others but has not been paid;

(8) Renting out the original or copy of an audiovisual work, computer software, sound recording or video recording without the permission of the copyright owner, performer or producer of such work, except as otherwise provided for in this Law;

(9) Using the layout of a book or periodical published by the publisher without the permission of the publisher;

(10) Broadcasting live or publicly transmitting a live performance or recording a performance without the permission of the performer;

(11) Other acts of infringement of copyright and copyright-related rights.

Article 53 Anyone who commits any of the following torts shall, in light of the circumstances, bear the civil liability provided for in Article 52 of this Law; Where an infringing act simultaneously harms the public interests, the competent copyright department shall order it to stop the infringing act, give it a warning, confiscate the illegal gains, confiscate, innocently destroy and dispose of the infringing copy and the materials, tools and equipment mainly used for making the infringing copy, and, if the amount of the illegal business is not less than 50,000 yuan, a fine of not less than twice but not more than five times the amount of the illegal business may also be imposed; If there is no illegal business, the amount of illegal business is difficult to calculate or is less than 50,000 yuan, a fine of not more than 250,000 yuan may also be imposed; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Reproducing, distributing, performing, projecting, broadcasting, compiling or disseminating to the public through information networks without the permission of the copyright owner, except as otherwise provided for in this Law;

(2) Publishing a book for which another person has the exclusive right of publication;

(3) Reproducing or distributing a sound recording or video recording of a performance without the permission of the performer, or disseminating the performance to the public through information networks, except as otherwise provided for in this Law;

(4) Reproducing, distributing or disseminating to the public through information networks a sound recording or video recording produced by him without the permission of the producer, except as otherwise provided for in this Law;

(5) Broadcasting, reproducing or disseminating radio or television to the public through information networks without permission, except as otherwise provided for in this Law;

(6) Without the permission of the copyright owner or the copyright related right holder, intentionally circumventing or damaging the technical measures, intentionally manufacturing, importing or providing to another person devices or components mainly used for circumventing or damaging the technical measures, or intentionally providing technical services for others to circumvent or damaging the technical measures, except as otherwise provided by laws or administrative regulations;

(7) Deliberately deleting or altering a work, layout design, performance, sound recording or video recording, or rights management information on radio or television without the permission of the copyright owner or the copyright related right holder, knowing or should have known that the work, layout design, performance, sound recording or video recording, or rights management information on radio or television had been deleted or changed without permission; They are still available to the public, except as otherwise provided by laws and administrative regulations;

(8) Producing or selling works with forged signatures of others.

Article 54 Where copyright or copyright-related rights are infringed, the infringer shall make compensation according to the actual losses suffered by the right holder or the illegal gains of the infringer. Where the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, compensation may be made by reference to the right royalty. In case of intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be paid at not less than one time but not more than five times the amount determined in accordance with the above methods.

Where it is difficult to calculate the actual losses of the right holder, the illegal gains of the infringer, or the right usage fee, the people's court shall, according to the circumstances of the infringing act, make a judgment to pay compensation of not less than five hundred yuan but not more than five million yuan.

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

In order to determine the amount of compensation, if the right holder has fulfilled the necessary burden of proof, and the account books and materials related to the infringement are mainly in the possession of the infringer, the people's court may order the infringer to provide the account books and materials related to the infringement; If the infringer fails to provide, or provides false account books, materials, etc., the people's court may determine the amount of compensation by referring to the claims and evidence provided by the right holder.

In handling cases of copyright disputes, the people's court shall, at the request of the right holder, order the destruction of infringing copies, except in special circumstances; To order the destruction of materials, tools, equipment, etc. mainly used in the manufacture of infringing copies, without compensation; Or, under special circumstances, the aforesaid materials, tools and equipment shall be ordered to be prohibited from entering commercial channels without compensation.

Article 55 When investigating and dealing with acts suspected of infringing copyright and copyright-related rights, the competent copyright department may question the parties concerned and investigate the circumstances related to the suspected illegal acts. Carry out on-site inspection of places and articles where the parties are suspected of illegal acts; Consult and copy contracts, invoices, account books and other relevant materials related to suspected illegal acts; Places and articles suspected of illegal acts may be sealed up or seized.

When the competent copyright authority exercises the functions and powers prescribed in the preceding paragraph in accordance with the law, the parties shall provide assistance and cooperation, and may not refuse or obstruct.

Article 56 Where the copyright owner or the copyright related right holder has evidence to prove that another person is committing or is about to commit an act that infringes upon his or her rights or impedes the realization of his or her rights, which, if not stopped in time, will cause irreparable damage to his or her legitimate rights and interests, Before bringing a suit, it may apply to the people's court for measures such as property preservation, ordering a certain act or prohibiting a certain act.

Article 57 In order to stop the infringing act, the copyright owner or the copyright related right holder may, before bringing a suit, apply to the people's court for the preservation of the evidence in accordance with law when the evidence may be destroyed or lost or difficult to obtain later.

Article 58 In trying a case, a people's court may confiscate the illegal gains, infringing copies and property from which illegal activities are carried out if copyright or copyright-related rights are infringed.

Article 59 Where the publisher or producer of a copy cannot prove that the publication or production is legally authorized, or the distributor of a copy or the lessee of a copy of an audiovisual work, computer software, sound recording or video recording product cannot prove that the copy it distributes or rents has a lawful source, it shall bear legal responsibility.

In the proceedings, where the accused infringer claims that it is not liable for infringement, it shall provide evidence to prove that it has obtained the permission of the right holder, or has the circumstances under which it can be used without the permission of the right holder as provided in this Law.

Article 60 A copyright dispute may be mediated, or it may be submitted to an arbitration institution for arbitration in accordance with the written arbitration agreement reached by the parties or the arbitration clause in the copyright contract.

If the parties do not have a written arbitration agreement or an arbitration clause in the copyright contract, they may directly bring a suit in a people's court.

Article 61 Where a party bears civil liability for failing to perform its contractual obligations or for non-conforming performance of its contractual obligations, and where the party exercises litigation rights or applies for preservation, etc., the provisions of relevant laws shall apply.

Chapter VI Supplementary Provisions

Article 62 The term "copyright" as used in this Law means copyright.

Article 63 The term "publication" as used in Article 2 of this Law means reproduction or distribution of a work.

Article 64 Measures for the protection of the right to disseminate computer software and information through networks shall be formulated separately by The State Council.

Article 65 For photographic works, the term of protection of the right of publication and the rights provided for in paragraphs 5 to 17 of Paragraph 1 of Article 10 of this Law has expired before June 1, 2021, but they are still within the term of protection according to the provisions of paragraph 1 of Article 23 of this Law, they shall no longer be protected.

Article 66 The rights of copyright owners, publishers, performers, producers of sound recordings and video recordings, radio stations and television stations as provided for in this Law shall be protected in accordance with this Law if the term of protection provided for in this Law has not expired on the date of entry into force of this Law.

Any infringement or breach of contract occurring before this Law goes into effect shall be dealt with in accordance with the relevant provisions at the time when the infringement or breach occurred.

Article 67 This Law shall enter into force as of June 1, 1991.