Article 48 He who commits any of the following acts of infringement shall bear the civil liability for such remedies as ceasing the infringements, eliminating the effects of the act, making a public apology or paying compensation for damages, depending on the circumstances; where he damages public interests at the same time, the copyright administration department may order him to cease the act of tort, may confiscate his illegal gains, confiscate and destroy the reproductions of infringement, and impose a fine on him; if the case is serious, the copyright administration department may also confiscate the materials, instruments and equipment, etc. mainly used to make the reproductions of infringement; where his act has constituted a crime, he shall be investigated for criminal liabilities in accordance with the law:

(1) without the permission from the copyright owner, reproducing, distributing, performing, projecting, broadcasting, compiling, disseminating to the public through information network his works, except where otherwise provided in this Law;

(2) publishing a book where the exclusive right of publication belongs to another;

(3) without the permission from a performer, reproducing, distributing the sound recordings or video recordings of his performance, or disseminating his performance to the public through information network, except where otherwise provided in this Law;

(4) without the permission from a producer of sound recordings and video recordings, reproducing, distributing, disseminating to the public through information network the sound recordings or video recordings produced by him, except where otherwise provided in this Law;

(5) without the permission, broadcasting or reproducing the radio or television, except where otherwise provided in this Law;

(6) without the permission from the copyright owner or obligee related to the copyright, intentionally avoiding or destroying the technical measures taken by the obligee on his works, sound recordings or video recordings, etc. to protect the copyright or the rights related to the copyright, except where otherwise provided in laws or administrative regulations;

(7) without the permission from the copyright owner or obligee related to the copyright, intentionally deleting or altering the electronic information on the management of the rights on the works, sound recordings or video recordings, except where otherwise provided in laws or administrative regulations;

(8) producing or selling a work where the signature of another is counterfeited.

Article 49 The infringer shall, when having infringed upon the copyright or the rights related to copyright, make a compensation on the basis of the obligee's actual losses; where the actual losses are difficult to be calculated, the compensation may be made on the basis of the infringer's illegal gains. The amount of compensation shall also include the reasonable expenses paid by the obligee for stopping the act of tort.

Where the obligee's actual losses or the infringer's illegal gains cannot be determined, the people's court shall, on the basis of the seriousness of the act of tort, adjudicate a compensation of 500,000 yuan or less.

Article 50 Where a copyright owner or obligee related to copyright has evidence to prove that another is committing or is going to commit an act infringing upon his right, and that his lawful rights and interests will suffer the damage which is difficult to be remedied if he does not stop it in time, he may, before bringing a lawsuit, apply to the people's court for an order to cease the relevant acts or for property preservation.

The people's court shall handle the application in the preceding paragraph in accordance with Article 93 through Article 96 and Article 99 of the Civil Procedure Law of the People's Republic of China.

Article 51 For the purpose of stopping the acts of tort, a copyright owner or an obligee related to copyright may, under circumstances that the evidence may be destroyed or lost or difficult to obtain later on, apply to the people's court for the evidence to be preserved.

The people's court must, after receiving the application, make an order within 48 hours; if the preservation is granted by an order, its implementation shall start immediately.

The people's court may order the applicant to provide a surety; if the applicant fails to do so, his application shall be rejected.

If the applicant fails to bring a lawsuit within 15 days after the people's court has adopted the preservation measures, the people's court shall cancel the property preservation.

Article 52 The people's court may, when trying the cases of infringing upon copyright or the rights related to copyright, confiscate the illegal gains, the reproductions of infringement and the properties used for committing illegal acts.

Article 53 Where a publisher or producer of reproductions is unable to prove the lawful authorization of his publication or production, or the distributor of the reproductions or the lessor of the reproductions of a cinematographic work or a work created in a way similar to cinematography, computer software, sound recordings or video recordings is unable to prove the lawful sources of his distribution or lease of the reproductions, he shall bear the legal liabilities.

Article 54 Where a party concerned does not implement his contractual obligations or his implementation of the contractual obligations does not conform to the stipulated requirements, he shall bear the civil liabilities in accordance with the General Principles of the Civil Law of the People's Republic of China, the Contract Law of the People's Republic of China and other laws.

Article 55 A dispute over copyright may be settled by mediation or be submitted for arbitration to a copyright arbitration institution under a written arbitration agreement concluded between the parties concerned, or under the arbitration clause in the copyright contract.

Any party may bring a lawsuit directly to the people's court in the absence of a written arbitration agreement or an arbitration clause in the copyright contract.

Article 56 Any party who objects to an administrative penalty may bring a lawsuit to the people's court within three months as of the date when it received the written decision on the penalty. If a party neither brings a lawsuit nor implements the decision within the above time limit, the copyright administration department concerned may apply to the people's court for enforcement.

Chapter VI Supplementary Provisions

Article 57 The term "author's right" shall have the same meaning as "copyright" in this Law.

Article 58 The term "publication" mentioned in Article 2 of this Law shall refer to reproduction and distribution of works.

Article 59 Regulations for the protection of computer software and of the right of information network dissemination shall be established separately by the State Council.

Article 60 The rights of copyright owners, publishers, performers, producers of sound recordings and video recordings, radio stations and television stations as provided in this Law, of which the term of protection specified in this Law has not yet expired on the date of this Law's entry into force, shall be protected in accordance with this Law.

Any infringements upon copyright and the rights related to copyright or breaches of contract committed prior to the entry into force of this Law shall be dealt with under the relevant regulations or policies in force at the time when the infringement was committed.

Article 61 This Law shall enter into force on June 1, 1991.

Source: www.fdi.gov.cn

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