(Promulgated by Decree No. 359 of The State Council of the People's Republic of China on August 2, 2002, the first revision was made in accordance with the Decision of The State Council on Repealing and amending Some Administrative Regulations on January 8, 2011, and the second revision was made in accordance with the Decision of The State Council on Amending the Regulations on the Implementation of the Copyright Law of the People's Republic of China on January 30, 2013)
Article 1 These Regulations are formulated in accordance with the Copyright Law of the People's Republic of China (hereinafter referred to as the Copyright Law).
Article 2 For the purposes of the Copyright Law, works refer to intellectual achievements in the fields of literature, art and science that are original and can be reproduced in certain tangible forms.
Article 3 The term "creation" as used in the Copyright Law refers to intellectual activities that directly produce literary, artistic and scientific works.
Organizing work for the creation of others, providing advice, material conditions, or other auxiliary work shall not be regarded as creation.
Article 4 The meaning of the following works in the Copyright Law and these Regulations:
(1) Written works refer to novels, poems, essays, theses and other works expressed in written form;
(2) Oral works refer to works in the form of oral language, such as impromptu speeches, lectures and court arguments;
(3) Musical works refer to songs, symphonies and other works with or without words that can be sung or performed;
(4) Dramatic works refer to plays, operas, local operas and other works for stage performance;
(5) Quyi works refer to crosstalk, Kuaishu, Dagu, Pingshu and other works performed mainly in the form of rap;
(6) Dance works refer to works that express thoughts and emotions through continuous movements, postures, expressions, etc.;
(7) Acrobatic works of art refer to works of acrobatics, magic, circus, etc., which are expressed through physical movements and skills;
(8) Works of fine art refer to flat or three-dimensional plastic artistic works of aesthetic significance composed by lines, colours or other means such as painting, calligraphy and sculpture;
(9) Architectural works refer to works of aesthetic significance expressed in the form of buildings or structures;
(10) Photographic works refer to artistic works that record the images of objective objects on photosensitive materials or other media by means of instruments;
(11) A cinematographic work and a work created by a method similar to cinematographic production means a work consisting of a series of pictures, with or without sound, filmed on a given medium and projected or otherwise transmitted by means of appropriate devices;
(12) Graphic works refer to engineering design drawings and product design drawings drawn for construction or production, as well as maps and schematic drawings that reflect geographical phenomena and explain the principle or structure of things;
(13) Model works refer to three-dimensional works made in a certain proportion according to the shape and structure of objects for display, testing or observation purposes.
Article 5 The meaning of the following terms in the Copyright Law and these Regulations:
(1) News on current affairs refers to simple factual information reported by newspapers, periodicals, radio stations, television stations and other media;
(2) Phonograms means any recording of the sounds and other sounds of a performance;
(3) Video product means a recording of any continuous related images or images with or without sound, other than a cinematographic work or a work created by a method similar to cinematographic production;
(4) Producer of sound recordings refers to the first producer of sound recordings;
(5) Producer of video recordings refers to the first producer of video recordings;
(6) Performers refer to actors, performing units or other persons who perform literary or artistic works.
Article 6 Copyright shall arise on the date of completion of the creation of a work.
Article 7 The copyright in works of foreigners and stateless persons first published in China as provided for in paragraph 3 of Article 2 of the Copyright Law shall be protected from the date of first publication.
Article 8 Where a work of a foreigner or stateless person is first published outside China and published within 30 days in China, the work shall be deemed to have been published in China at the same time.
Article 9 If a joint work cannot be used separately, the copyright in the work shall be shared by the co-authors and exercised by consensus through consultation. If no consensus can be reached through consultation and there is no valid reason, neither party may prevent the other party from exercising other rights other than the transfer, but the proceeds shall be reasonably distributed to all co-authors.
Article 10 Where a copyright owner permits another person to make a cinematographic work of his work or a work created by a method similar to cinematographic production, he shall be deemed to have agreed to make necessary alterations to his work, provided that such alterations shall not distort or tamper with the original work.
Article 11 The term "work task" in the provisions of Article 16, paragraph 1, of the Copyright Law on work for service refers to the duties that citizens should perform in the legal person or organization.
The "material and technical conditions" in the provisions of Article 16, paragraph 2, of the Copyright Law on work for service refers to the funds, equipment or materials specially provided by the legal person or organization for citizens to complete the creation.
Article 12 Within two years of the completion of a work for service, with the consent of the unit, the author may permit a third party to use the work in the same manner as the unit, and the remuneration obtained shall be divided between the author and the unit according to the agreed proportion.
The period of two years for the completion of a work shall be counted from the date on which the author delivers the work to the unit.
Article 13 In respect of a work whose author is unknown, the owner of the original work shall exercise copyright, except for the right of authorship. After the identity of the author is determined, the author or his successor shall exercise the copyright.
Article 14 After the death of one of the co-authors, the rights provided for in paragraphs 5 to 17 of paragraph 1 of Article 10 of the Copyright Law are not inherited or bequeathed by the other co-authors.
Article 15 After the death of an author, the rights of authorship, alteration and protection of the integrity of the work in his copyright shall be protected by the author's successor or legatee.
Where the copyright is neither inherited nor bequeathed, the rights of authorship, alteration and integrity of the work shall be protected by the copyright administration department.
Article 16 The use of a work in which the State enjoys copyright shall be governed by the copyright administration department under The State Council.
Article 17 The right of publication of an unpublished work may be exercised by a successor or legatee within 50 years after the death of the author, if the author has not expressly stated that he will not publish it. If there is no successor and no bequest, the work shall be exercised by the owner of the original work.
Article 18 For a work whose author is unknown, the term of protection of the rights provided for in paragraphs 5 to 17 of Paragraph 1 of Article 10 of the Copyright Law shall end on December 31 of the fiftieth year after the first publication of the work. After the author's identity is determined, the provisions of Article 21 of the Copyright Law shall apply.
Article 19 Where a work of others is used, the name of the author and the title of the work shall be specified; However, except as otherwise agreed by the parties or cannot be specified due to the characteristics of the mode of use of the work.
Article 20 The term "published work" as used in the Copyright Law refers to a work made public by the copyright owner himself or with the permission of others.
Article 21 In accordance with the relevant provisions of the Copyright Law, the use of a published work which may not be permitted without the permission of the copyright owner shall not affect the normal use of the work, nor shall it reasonably impair the legitimate interests of the copyright owner.
Article 22 The standard of remuneration for the use of a work in accordance with the provisions of Article 23, paragraph 2 of Article 33 and paragraph 3 of Article 40 of the Copyright Law shall be formulated and published by the copyright administration department under The State Council jointly with the competent pricing department under The State Council.
Article 23 A license contract shall be concluded with the copyright owner for the use of a work by others. If the license is an exclusive right of use, it shall be in written form, except when the work is published by a newspaper or periodical.
Article 24 Where the contents of the exclusive right to use the work as provided for in Article 24 of the Copyright Law are stipulated in the contract, and there is no or unclear stipulation in the contract, the licensee shall be deemed to have the right to exclude anyone, including the copyright owner, from using the work in the same manner; Unless otherwise provided for in the contract, the licensee must obtain permission from the copyright owner to permit a third party to exercise the same right.
Article 25 Where a proprietary license contract or transfer contract is concluded with a copyright owner, it may be filed with the copyright administration department for the record.
Article 26 The rights and interests related to copyright as mentioned in the Copyright Law and these Regulations refer to the rights enjoyed by publishers with respect to the layout design of the books and periodicals they have published, the rights enjoyed by performers with respect to their performances, the rights enjoyed by producers of sound recordings and video recordings with respect to the sound recordings and video recordings they have produced, and the rights enjoyed by radio stations and television stations with respect to the radio and television programs broadcast by them.
Article 27 Publishers, performers, producers of sound recordings and video recordings, radio stations and television stations shall not, in exercising their rights, prejudice the rights of the copyright owner of the used work or the original work.
Article 28 Where it is stipulated in a book publishing contract that the book publisher enjoys the exclusive right of publication but the specific contents are not specified, the book publisher shall be deemed to have the exclusive right to publish the book in the original or revised version of the same language within the term of validity of the contract and within the geographical scope agreed upon in the contract.
Article 29 If the two orders sent by the copyright owner to the book publisher are not fulfilled within six months, the books shall be deemed to be out of stock as mentioned in Article 32 of the Copyright Law.
Article 30 Where a copyright owner declares in accordance with paragraph 2 of Article 33 of the Copyright Law that he shall not reprint or extract his work, he shall attach a statement to the work when it is published in a newspaper or periodical.
Article 31 Where a copyright owner declares in accordance with paragraph 3 of Article 40 of the Copyright Law that he shall not make a sound recording of his work, he shall make such a declaration when the work is legally recorded as a sound recording.
Article 32 In accordance with the provisions of Article 23, paragraph 2 of Article 33 and paragraph 3 of Article 40 of the Copyright Law, anyone who uses a work of others shall pay remuneration to the copyright owner within two months from the date of use of the work.
Article 33 Performances by foreigners and stateless persons within the territory of China shall be protected by the Copyright Law.
The rights enjoyed by foreigners and stateless persons in respect of their performances under international treaties to which China is a party shall be protected by the copyright Law.
Article 34 Sound recordings produced and distributed in China by foreigners or stateless persons shall be protected by the Copyright Law.
The rights enjoyed by foreigners and stateless persons with respect to phonograms produced and distributed by them in accordance with international treaties to which China is a party shall be protected by the Copyright Law.
Article 35 The rights enjoyed by foreign radio stations and television stations with respect to their broadcast radio and television programs in accordance with the international treaties to which China is a party shall be protected by the Copyright Law.
Article 36 Where an act of infringement listed in Article 48 of the Copyright Law damages the public interest and the amount of illegal business is more than 50,000 yuan, the copyright administration department may impose a fine of not less than one time but not more than five times the amount of illegal business; If there is no illegal business or the amount of illegal business is less than 50,000 yuan, the copyright administrative department may impose a fine of less than 250,000 yuan according to the seriousness of the circumstances.
Article 37 Where an act of infringement is listed in Article 48 of the Copyright Law and at the same time damages the public interest, the copyright administration department of the local people's government shall be responsible for investigating and dealing with it.
The copyright administration department under The State Council may investigate and punish infringing acts that have a major impact throughout the country.
Article 38 These Regulations shall come into force as of September 15, 2002. The Regulations for the Implementation of the Copyright Law of the People's Republic of China approved by The State Council on May 24, 1991 and promulgated by the National Copyright Administration on May 30, 1991 shall be repealed simultaneously.
Source: All China Patent Agents Association
