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Government Documents
Government Documents
UPDATED: June 1, 2010 NO. 20 MAY 20, 2010
Copyright Law of the People's Republic of China (Revised in 2010)
 
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Article 29 Publishers, performers, producers of sound recordings and video recordings, radio stations, television stations and other entities who or which exploit the works of others pursuant to this Law shall not infringe upon the author's rights of authorship, alteration or integrity, or their right to remuneration.

Chapter IV Publication, Performance, Sound Recording, Video Recording and Broadcasting

Section I Publication of Books, Newspapers and Periodicals

Article 30 A book publisher who publishes a book shall conclude a publishing contract with, and pay remuneration to, the copyright owner.

Article 31 With respect to a work delivered to a book publisher by the copyright owner for publication, the exclusive right to publish the work enjoyed by the book publisher as agreed upon in the contract shall be protected by law, and the work may not be published by others.

Article 32 The copyright owner shall deliver the work within the term agreed upon in the contract. The book publisher shall publish the work in accordance with the quality requirements and within the term agreed upon in the contract.

The book publisher shall bear the civil liability provided in Article 53 of this Law if he fails to publish the work within the term agreed upon in the contract.

The book publisher shall notify and pay remuneration to the copyright owner when the work is to be reprinted or republished. If the publisher refuses to reprint or republish the work when stocks of the book are exhausted, the copyright owner shall have the right to terminate the contract.

Article 33 Where a copyright owner has submitted the manuscript of his work to a newspaper or a periodical publisher for publication and has not received any notification of the said publisher's decision to publish the work, within 15 days from the newspaper publisher or within 30 days from the periodical publisher, counted from the date of submission of the manuscript, the copyright owner may submit the manuscript of the same work to another newspaper or periodical publisher for publication, unless the two parties have agreed otherwise.

Except where the copyright owner has declared that reprinting or excerpting is not permitted, other newspaper or periodical publishers may, after the publication of the work by a newspaper or periodical, reprint the work or print an abstract of it or print it as reference material, but such other publishers shall pay remuneration to the copyright owner as provided in regulations.

Article 34 A book publisher may alter or abridge a work with the permission from the copyright owner.

A newspaper or periodical publisher may make editorial modifications and abridgments in a work, but shall not make modifications in the content of the work unless permission has been obtained from the author.

Article 35 When publishing works created by adaptation, translation, annotation, arrangement or compilation of pre-existing works, the publisher shall obtain permission from and pay remuneration to both the owners of the copyright in the works created by means of adaptation, translation, annotation, arrangement or compilation, and the owners of the copyright in the original work.

Article 36 A publisher shall be entitled to permit others to exploit the format design of a published book or periodical of his or prohibit others from doing so.

The term of protection of the right provided in the preceding paragraph shall be 10 years, expiring on December 31 of the 10th year after the first publication of the book or periodical that uses such a format.

Section II Performance

Article 37 A performer (an individual performer or a performing group) who for a performance exploits a work created by another shall obtain permission from and pay remuneration to the copyright owner. A performance organizer who organizes a performance shall obtain permission from and pay remuneration to the copyright owner.

A performer who for a performance exploits a work created by adaptation, translation, annotation or arrangement of a pre-existing work shall obtain permission from and pay remuneration to both the owner of the copyright in the work created by adaptation, translation, annotation or arrangement and the owner of the copyright in the original work.

Article 38 A performer shall, in relation to his performance, enjoy the rights:

(1) to show his/her identity;

(2) to protect the character in his performance from distortion;

(3) to authorize others to make live broadcasts or to publicly transmit his live performance, and to receive remuneration for it;

(4) to authorize others to make sound recordings and video recordings, and to receive remuneration for it.

(5) to permit others to reproduce and distribute the sound recordings or video recordings which record his performance, and to receive remuneration for it;

(6) to permit others to disseminate his performance to the public through information network, and to receive remuneration for it.

Anyone who is permitted to exploit the works in the ways provided in Items (3) through (6) of the preceding paragraph shall also obtain permission from and pay remuneration to the copyright owner.

Article 39 The term of protection of the rights provided in Items (1) and (2) of Paragraph 1 of Article 37 of this Law shall not be limited.

The term of protection of the rights provided in Items (3) through (6) of Paragraph 1 of Article 37 of this Law shall be 50 years, expiring on December 31 of the 50th year after the performance is made.

Section III Sound Recording and Video Recording

Article 40 A producer of sound recordings or video recordings who, for the production of a sound recording or video recording, exploits a work created by another, shall obtain permission from and pay remuneration to the copyright owner.

A producer of sound recordings or video recordings who exploits a work created by adaptation, translation, annotation or arrangement of a pre-existing work shall obtain permission from and pay remuneration to both the owner of the copyright in the work created by adaptation, translation, annotation or arrangement and the owner of copyright in the original work.

A producer of a sound recording who, for the production of a sound recording, exploits a musical work which has been lawfully recorded as a sound recording by another, does not need to obtain permission from, but shall, as provided in regulations, pay remuneration to the copyright owner; such work shall not be exploited where the copyright owner has declared that such exploitation is not permitted.

Article 41 When producing a sound recording or video recording, the producer shall conclude a contract with and pay remuneration to the performers.

Article 42 A producer of sound recordings or video recordings shall have the right to permit others to reproduce, distribute, lease and disseminate to the public through information network such sound recordings or video recordings and shall have the right to receive remuneration for it. The term of protection of such rights shall be 50 years, expiring on December 31 of the 50th year after the production of the recording is firstly completed.

A producer of sound recordings or video recordings who is permitted to reproduce, distribute, lease or disseminate to the public through information network a sound recording or video recording shall obtain permission from and also pay remuneration to both the copyright owner and the performer.

Section IV Broadcasting by A Radio Station or Television Station

Article 43 A radio station or television station that broadcasts an unpublished work created by another shall obtain permission from and pay remuneration to the copyright owner.

A radio station or television station that broadcasts a published work created by another does not need to obtain permission from, but shall pay remuneration to the copyright owner.

Article 44 A radio station or television station that broadcasts a published sound recording does not need to obtain permission from, but shall pay remuneration to the copyright owner, unless the parties concerned have agreed otherwise. The specific measures shall be provided by the State Council.

Article 45 A radio station or television station is entitled to prohibit the following acts which it has not permitted:

(1) rebroadcasting the radio or television which it has broadcast;

(2) recording the radio or television which it has broadcast in the audio or video carrier and to reproduce the audio or video carrier.

The term of protection of the rights provided in the preceding paragraph shall be 50 years, expiring on December 31 of the 50th year after the first broadcasting of the radio or television.

Article 46 A television station that broadcasts another's cinematographic work, work created in a way similar to cinematography or videographic work shall obtain permission from and pay remuneration to the producer. A television station that broadcasts another's videographic work shall also obtain permission from and pay remuneration to the copyright owner.

Chapter V Legal Liabilities and Law Enforcement Measures

Article 47 He who commits any of the following acts of infringement shall bear the civil liability for such remedies as ceasing the infringing act, eliminating the effects of the act, making a public apology or paying compensation for damages, depending on the circumstances:

(1) publishing a work without the permission from the copyright owner;

(2) publishing a work of joint authorship as a work created solely by oneself, without the permission from the other co-authors;

(3) having his name mentioned in connection with a work created by another, in order to seek personal fame and gain, where he has not taken part in the creation of the work;

(4) distorting a work created by another;

(5) plagiarizing the works of others;

(6) exploiting a work by means of exhibition, making cinematographic productions or a means similar to making cinematographic productions, or by means of adaptation, translation, annotation, etc. without the permission from the copyright owner, unless otherwise provided in this Law;

(7) exploiting a work of another without paying the remuneration;

(8) without the permission from the copyright owner or obligee related to the copyright of a cinematographic work or a work created in a way similar to cinematography, computer software, sound recordings or video recordings, leasing his work or sound recordings or video recordings, except where otherwise provided in this Law;

(9) without the permission from a publisher, exploiting the format design of his published book or periodical;

(10) without the permission from the performer, broadcasting or publicly transmitting his live performance or recording his performance;

(11) committing other acts of infringement upon copyright and upon other rights related to copyright.

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