A: The copyright belongs to the author, except as otherwise provided by copyright law.
(1) 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.
(2) Ownership of cooperative works: for works created jointly by two or more persons, the copyright shall be shared 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. No consensus, no good reason
Any party shall not prevent the other party from exercising its rights other than transferring, licensing others for exclusive use or pledging, provided that the proceeds obtained shall be reasonably distributed to all co-authors.
(3) 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 shall not infringe the copyright in the joint work as a whole.
(4) Copyright ownership of works adapted, translated, annotated or arranged: The copyright in a work created by adaptation, translation, annotation or arrangement of an existing work shall be enjoyed by the person who adapted, translated, annotated or arranged the work, provided that the exercise of the copyright shall not infringe upon the copyright in the original work.
(5) Ownership of copyright in works of compilation: The compilation of a number of works, fragments of works or data or other materials that do not constitute a work, the selection or arrangement of the contents of which reflects originality, is a work of compilation, the copyright of which shall be enjoyed by the assembler, provided that the exercise of copyright shall not infringe upon the copyright in the original work.
(6) 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 work and the copyright owner of the original work.
(7) Copyright ownership of audiovisual works: The copyright of film works and TV series works in audiovisual works shall be enjoyed by the producers, but the writers, directors, photographers, lyricists, composers and other authors shall enjoy the right of authorship and shall be entitled to remuneration in accordance with the contract signed with the producers.
(8) The ownership of copyright in audiovisual works other than those provided for in the preceding paragraph shall be agreed upon by the parties; 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.
(9) The author of the screenplay, music and other works in the audiovisual works that can be used separately shall have the right to exercise his copyright separately.
(10) Ownership of copyright in work for service: A work created by a natural person to complete the work of a legal person or an unincorporated organization is a work for service. Except as provided for in paragraph 2, the copyright shall be enjoyed by the author, provided that the legal person or an unincorporated organization 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:
(A) Works of service, such as engineering designs, product designs, maps, diagrams, computer software, etc., which are mainly created using the material and technical conditions of a legal person or an unincorporated organization and for which the legal person or an unincorporated organization is responsible;
(B) Job works created by the staff of newspaper offices, periodical houses, news agencies, radio stations and television stations;
(C) Works for which the copyright is enjoyed by legal persons or organizations without legal personality as provided by laws, administrative regulations or contracts.
(11) Copyright ownership of commissioned works: The ownership of copyright in commissioned works shall be agreed upon by the client and the trustee through a contract. Where there is no explicit stipulation in the contract or no contract is concluded, the copyright belongs to the trustee.
(12) Other ownership issues: The transfer of ownership of the original works does not change the ownership of the copyright of the works, but the exhibition right of the original works of fine art and photography is 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.
Where the copyright belongs to a natural person, after the death of the natural person, the rights provided for in paragraph 1 (5) to (17) of Article 10 of the Copyright Law shall be transferred according to law within the period of protection provided for in the Copyright Law.
If 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 the Copyright Law shall be enjoyed by the legal person or unincorporated organization that has assumed its rights and obligations during the period of protection provided for in the Copyright Law. The rights and obligations of a legal person or organization without legal personality shall be enjoyed by the State.
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