Rules for the Implementation of the Copyright Law of the People's Republic of China
(Order No. 359 of the State Council of the people's Republic of China on August 2, 2002 was promulgated for the first time in accordance with the decision of the State Council on Repealing and modifying some administrative regulations on january8,2011, and revised for the first time in accordance with the second revision of 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 the term "works" as used in Copyright Law refers to intellectual achievements which are original in the fields of literature, art and science and can be reproduced in a tangible form.
Article 3 the term "creation" as used in Copyright Law refers to the intellectual activities that directly produce literary, artistic and scientific works.
Organizing work for others' creation, 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） The writing works refer to the works expressed in the form of words, such as novels, poems, essays and papers;
（2） Oral works refer to improvised speeches, lectures, court debates, etc. in oral language;
（3） Music works refer to songs, symphonies, and other works with or without words that can be performed or performed;
（4） Drama works refer to the works for stage performance such as drama, opera and local opera;
（5） Quyi works refer to the works performed mainly by rap, such as crosstalk, express book, drum and Book evaluation;
（6） Dance works refer to the works that express the thoughts and emotions through continuous actions, posture, expression, etc;
（7） Acrobatic art works refer to acrobatics, magic, circus and other works expressed through physical movements and skills;
（8） Art works refer to the aesthetic graphic or three-dimensional plastic art works composed of lines, colors or other ways such as painting, calligraphy and sculpture;
（9） Architectural works refer to works of aesthetic significance expressed in the form of buildings or structures;
（10） Photography refers to the art works recording the image of objective objects on sensitive materials or other media by means of instruments;
（11） Cinematographic works and works created by similar methods of film production refer to those produced on a certain medium and composed of a series of pictures with or without accompanying sound, and are screened or spread in other ways by means of appropriate devices;
（12） Graphic works refer to engineering design drawings, product design drawings, maps and schematic drawings reflecting geographical phenomena and explaining the principles or structures of things, etc. drawn for construction and production;
（13） Model works refer to three-dimensional works made according to the shape and structure of objects for display, test or observation.
Article 5 the meanings of the following terms in the copyright law and these Regulations:
（1） Current news refers to the simple fact News reported by newspapers, periodicals, radio stations, television stations and other media;
（2） Recording products refer to any recording of the sound and other sounds of the performance;
（3） Video products refer to any continuous relevant image or image with or without accompaniment other than a film work and a work created by a similar method of film production;
（4） The producer of a recording refers to the first producer of a recording product;
（5） The producer of video recording refers to the first producer of video products;
（6） Performer refers to an actor, performing unit or other person performing literary or artistic works.
Article 6 copyright shall be created from the date of completion of the work.
Article 7 the copyright of works of foreigners and stateless persons first published in China as stipulated in paragraph 3 of Article 2 of the copyright law shall be protected from the date of first publication.
Article 8 if a work of a foreigner or stateless person is first published outside China and published within 30 days of publication within the territory of China, it shall be deemed that the work is published in China at the same time.
Article 9 Where a cooperative work cannot be used separately, the copyright shall be jointly enjoyed by the co authors and exercised by consensus; if the work cannot be agreed upon and there is no justification, neither party shall prevent the other party from exercising other rights other than the transfer, but the proceeds shall be reasonably distributed to all the co authors.
Article 10 where the copyright owner permits others to make his work into a film work or a work created by a method similar to that of a film, it shall be deemed that he has agreed to make necessary changes to his work, but such alteration shall not distort or distort the original work.
Article 11 the "work task" in the provisions of Article 16, paragraph 1 of the copyright law concerning work of duty refers to the duties that citizens should perform in the legal person or the organization.
"Material and technical conditions" in the provisions of Article 16, paragraph 2 of the copyright law on work of duty refers to the funds, equipment or materials provided by the legal person or the organization for the completion of the creation of the work for citizens.
Article 12 within two years after the completion of the work, the remuneration for the work to be used by a third party approved by the unit shall be distributed by the author and the unit in the agreed proportion.
The period of two years after the completion of the work shall be calculated from the date when the author delivers the work to the unit.
Article 13 for a work of unknown identity, the owner of the original of the work shall exercise the copyright other than the right of signature. After the identity of the author is determined, the author or his successor shall exercise the copyright.
Article 14 after one of the co authors dies, the rights provided for in paragraphs 5 to 17 of Article 10, paragraph 1, of the copyright law for the cooperative works are not inherited or bequeathed, shall be enjoyed by other co authors.
Article 15 after the death of the author, the right of signature, modification and the right to protect the integrity of the work shall be protected by the heir or bequeath of the author.
If the copyright is not inherited or bequeathed, the right to sign, modify and protect the integrity of the work shall be protected by the copyright administrative department.
Article 16 the use of works enjoyed by the State shall be managed by the copyright administration department under the State Council.
Article 17 If the author does not explicitly indicate that he does not publish a work before his life, his right to publish may be exercised by the heir or the bequeath within 50 years after the death of the author; if there is no successor or no bequeath, the owner of the original work shall exercise the right to publish the work.
Article 18 for works with unknown identity, the protection period of the rights prescribed in items 5 to 17 of Article 10, paragraph 1 of the copyright law shall be as of December 31, the 50th year after the first publication of the work. After the identity of the author is determined, the provisions of Article 21 of the copyright law shall apply.
Article 19 Where a work of another person is used, the name of the author or the name of the work shall be specified, except where the parties agree otherwise or cannot be specified due to the characteristics of the way the work is used.
Article 20 the work published as mentioned in the copyright law refers to the work that the copyright owner himself or she allows others to make public.
Article 21 in accordance with the relevant provisions of the copyright law, the use of published works which may not be permitted by the copyright owner shall not affect the normal use of the work, nor shall it reasonably damage the legitimate interests of the copyright owner.
Article 22 the standards for remuneration for the use of works in accordance with the provisions of Article 23, Article 33, paragraph 2 and Article 40, paragraph 3 of the copyright law shall be formulated and published by the copyright administration department under the State Council in conjunction with the competent price department under the State Council.
Article 23. The use of another's work shall conclude a license use contract with the copyright owner. If the right to use the license is exclusive, it shall be in writing, except for the works published in newspapers and periodicals.
Article 24 the content of the exclusive use right stipulated in Article 24 of the copyright law shall be agreed by the contract. If the contract is not agreed or unclear, it shall be deemed that the Licensee shall have the right to exclude any person including the copyright owner from using the work in the same way; unless otherwise agreed in the contract, the Licensee shall license the third party to exercise the same right, and must obtain the permission of the copyright owner.
Article 25 Where a contract for exclusive licensing or transfer is concluded with the copyright owner, it may be filed with the copyright administrative department.
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 in the layout design of books and periodicals published by them, the rights enjoyed by performers to their performances, the rights of producers of sound recordings and videos to the audio and video products they produce, and the rights enjoyed by radio stations and television stations to broadcast radio and television programs.
Article 27 publishers, performers, producers of audio and video recordings, radio stations and television stations shall exercise their rights and shall not impair the rights of the copyright holders of the works used and the original works.
Article 28 Where a book publisher is stipulated in a book publishing contract to have exclusive publishing rights but does not specify its specific content, it shall be deemed that the publisher shall have the exclusive right to publish the books in the original and revised versions of the same type of text within the term of validity of the contract and within the territory agreed in the contract.
Article 29 If two orders sent to the publisher by the copyright owner fail to be fulfilled within 6 months, the cancellation of the books as mentioned in Article 32 of the copyright law shall be deemed to be cancelled.
Article 30 Where a copyright owner declares that his work cannot be reproduced or abstracted in accordance with the second paragraph of Article 33 of the copyright law, a statement shall be attached to the publication of the work in newspapers and periodicals.
Article 31 Where the copyright owner declares that he cannot make a sound recording product for his work in accordance with the third paragraph of Article 40 of the copyright law, he shall make a statement when the work is legally recorded as a recording product.
Article 32 Where a work of another person is used in accordance with the provisions of Article 23, Article 33, paragraph 2, and Article 40, paragraph 3 of the copyright law, remuneration shall be paid to the copyright owner within 2 months from the date of use of the work.
Article 33 the performance of foreigners and stateless persons in China shall be protected by the copyright law.
The rights of foreigners and stateless persons to their performances under the international treaties to which China is a party shall be protected by the copyright law.
Article 34 sound recordings produced and distributed by foreigners or stateless persons within the territory of China shall be protected by the copyright law.
The rights of foreigners and stateless persons to the sound recordings produced and distributed by foreigners and stateless persons in accordance with the international treaties to which China is a party shall be protected by the copyright law.
Article 35 the rights of foreign radio stations and television stations to broadcast radio and television programs shall be protected by the copyright law in accordance with the international treaties to which China is a party.
Article 36 If there is any infringement listed in Article 48 of the copyright law and damages the public interest of the society, if the illegal business amount is more than 50000 yuan, the copyright administrative department may impose a fine of not less than one time but not more than five times the illegal business amount; if there is no illegal business operation or the illegal business operation amount is less than 50000 yuan, the copyright administrative department may, according to the seriousness of the circumstances, be fined not more than 250000 yuan.
Article 37 If there is any infringement listed in Article 48 of the copyright law and at the same time damages the public interest of the society, the copyright administrative department of the local people's Government shall be responsible for investigation and punishment.
The copyright administration department under the State Council may investigate and punish the infringement acts which have a significant impact on the whole country.
Article 38 These Regulations shall come into effect as of September 15th, 2002. The regulations on 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 State Copyright Bureau on May 30, 1991, shall be repealed at the same time.