Implementation of the Provisions of International Copyright Treaties (1992)
Release Time：
2007-01-09
These Provisions are formulated for the purpose of implementing international works treaties and protecting the legitimate rights and interests of copyright owners of foreign works.
Article 1 These Provisions are formulated for the purpose of implementing international works treaties and protecting the legitimate rights and interests of copyright owners of foreign works.
Article 2 The Copyright Law of the People's Republic of China (hereinafter referred to as the Copyright Law), the Regulations on the Implementation of the Copyright Law of the People's Republic of China, the Regulations on the Protection of Computer Software and these Provisions shall apply to the protection of foreign works.
Article 3 The term "international copyright treaties" as mentioned in these Provisions refers to the Berne Convention for the Protection of Literary and Artistic Works (hereinafter referred to as the Berne Convention) to which the People's Republic of China (hereinafter referred to as China) is a party and the bilateral agreements concerning copyright signed with foreign countries.
Article 4 The term "foreign works" as used in these Provisions includes:
(1) a work in which the author or one of the authors or another copyright owner or one of the copyright owners is a national of a State party to an international copyright treaty or a resident who has a habitual residence in a State party to such treaty;
(2) a work whose author is not a national of a country that is a member of an international copyright treaty or has a permanent residence in a country that is a member of that treaty, but which was first published or published concurrently in a country that is a member of that treaty;
(3) a work created by a Chinese-foreign joint venture, a Chinese-foreign contractual joint venture or a foreign-capital enterprise on behalf of the copyright owner or one of the copyright owners as agreed in the contract.
Article 5 The provisions of Articles 20 and 21 of the Copyright Law shall apply to the term of protection of unpublished foreign works.
Article 6 The term of protection of a foreign work of applied art shall be 25 years from the completion of the work. The provisions of the preceding paragraph shall not apply to works of art (including animated image design) used in industrial products.
Article 7 Where a foreign computer program is protected as a literary work, it may not go through the registration formalities, and the term of protection shall be 50 years from the end of the year in which the program was first published.
Article 8 If a foreign work is edited from unprotected materials but has originality in the selection or arrangement of such materials, it shall be protected in accordance with Article 14 of the Copyright Law. Such protection does not exclude others from using the same material for editing.
Article 9 Where foreign video products are cinematographic works in accordance with international copyright treaties, they shall be protected as cinematographic works.
Article 10 Where a published work created in the language of the Han nationality by a foreigner is translated into the language of a minority nationality for publication and distribution, authorization from the copyright owner shall be obtained in advance.
Article 11 The copyright owner of a foreign work may authorize others to publicly perform his or her work or publicly disseminate the performance of his or her work by any means and means.
Article 12 The copyright owner of a foreign cinematographic, television or video work may authorize others to perform the work in public.
Article 13 In reprinting foreign works, newspapers and periodicals shall obtain prior authorization from the copyright owner; However, articles on current affairs related to political, economic and other social issues are excluded.
Article 14 The copyright owner of a foreign work may authorize or prohibit the rental of copies of his or her work after authorizing others to distribute copies of his or her work.
Article 15 The copyright owner of a foreign work shall have the right to prohibit the import of the following copies of his/her work:
(1) Infringing copies;
(2) Reproductions from countries that do not protect their works.
Article 16 The provisions of the Berne Convention shall apply to the performance, recording or broadcasting of foreign works; Where there is a collective management organization, the authorization of the organization shall be obtained in advance.
Article 17 Foreign works that have not entered the public domain in the country of origin on the date of entry into force of the international copyright treaties in China shall be protected until their expiration in accordance with the term of protection provided for in the Copyright Law and these Provisions.
The provisions of the preceding paragraph shall not apply to the use of a foreign work that occurred before the date of entry into force of the international copyright treaties in China.
Any Chinese citizen or legal person who, prior to the date of entry into force of an international copyright treaty in China, owns or uses a specific copy of a foreign work for a specific purpose may continue to use that copy without liability; However, this copy may not be reproduced or used in any way that unreasonably damages the legitimate rights and interests of the copyright owner of the work.
The provisions of the preceding three paragraphs shall be implemented in accordance with the provisions of bilateral agreements on copyright signed between China and the countries concerned.
Article 18 Articles 5, 12, 14, 15 and 17 of these Provisions shall apply to sound recordings.
Article 19 Before the implementation of these provisions, where there are different provisions in the administrative regulations on copyright, these Provisions shall apply. Where these provisions differ from the international copyright treaties, the international copyright treaties shall apply.
Article 20 The National Copyright Administration shall be responsible for the implementation of international copyright treaties in China.
Article 21 The National Copyright Administration shall be responsible for the interpretation of these provisions.
Article 22 These Provisions shall come into force as of September 30, 1992.
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