Implementing Regulations of the Copyright Law of the People's Republic of China

Release time: 2016-12-21

(Promulgated on 2 August 2002 and entering into force on 15 September 2002)

Article 1 These Implementing Regulations (hereinafter referred to as these Regulations)

are formulated pursuant to the Copyright Law of the People's Republic of China

(hereinafter referred to as the Copyright Law).

Article 2 The term "works" used in the Copyright Law shall mean original intellectual

creations in the literary, artistic and scientific domain, insofar as they are capable of being

reproduced in a certain tangible form.

Article 3 The term "creation" mentioned in the Copyright Law shall mean intellectual

activities from which literary, artistic and scientific works are directly derived.

The provision of administrative support, consultations, material means or other

supporting services for others in their creative activities shall not be deemed as acts of

creation.

Article 4 The works as mentioned in the Copyright Law and these Regulations shall

mean the following:

(1) written works are works expressed in written form, such as novels, poems, essays and

theses;

(2) oral works are works which are created in spoken words, such as impromptu speeches,

lectures and court debates;

(3) musical works are such works as songs and symphonic works, with or without

accompanying words, which can be sung or performed;

(4) dramatic works are such works as dramas, operas and local art forms which are used

for stage performance;

(5) "quyi" works include such works as "xiangsheng" (cross talk), "kuaishu"(clapper talk),

"dagu" (ballad singing with drum accompaniment) and "pingshu" (story-telling based on

classical novels), which are all used mainly for being performed in a way involving

recitation, singing or both;

(6) choreographic works are works which express ideas and emotions through successive

body movements, gestures and facial movements and expressions;

(7) works of acrobatic art are acrobatic, magic and circus works, which are, or can be,

expressed in body movements and artistry.

(8) works of fine art are two-dimensional or three-dimensional works created in lines,

colors or other media which, when being viewed, impart aesthetic effect, such as works

of painting, calligraphy and sculpture;

(9) architectural works are aesthetic works, which are, and can be, expressed in

architectural or constructional form;

(10) photographic works are artistic works created by recording images of existing things

of people on light-sensitive materials or other media with the aid of devices;

(11) cinematographic works and works created by virtue of analogous methods of film

production are works which are recorded on some medium consisting of a series of

images, with or without accompanying sounds, and which can be projected with the aid

of suitable devices or communicated by other means;

(12) graphic works are drawings of engineering designs and product deigns for the

purpose of actual construction or manufacture, and maps and sketches showing

geographic phenomena and demonstrating the fundamentals or structure of a thing or an

object;

(13) model works are three-dimensional works made according to the shape and structure,

and in a certain scale, of an object for the purpose of exhibition, experimentation,

observation or measurement.

Article 5 The terms as mentioned in the Copyright Law and in these Regulations shall

mean the following:

(1) news on current events refers to the mere facts or happenings reported by the mass

media, such as newspapers, periodicals and radio and television stations;

(2) sound recordings refer to the recordation of any sounds of performance and other

sounds;

(3) video recordings refer to the recordation of a series of related images, with or without

accompanying sounds, other than cinematographic works or works created by virtue of

analogous methods of film production;

(4) producer of a sound recording refers to the first person who makes the sound

recordings;

(5) producer of a video recording refers to the first person who makes the video

recordings;

(6) performer refers to an actor, performing organization or any other person who

performs literary and artistic works.

Article 6 Copyright shall be generated on the date when the creation of a works is

completed.

Article 7 Copyright in the works of foreigners or stateless persons first published in the

territory of China as provided for in Article 2, paragraph three, of the Copyright Law

shall be under the protection beginning on the date of publication.

Article 8 Where works of foreigners or stateless persons first published outside the

territory of China and published in the territory of China within thirty days, the works

shall be deemed to have been simultaneously published in the territory of China.

Article 9 Where a jointly created works can not be used separately, the copyright shall be

jointly enjoyed by, and exercised through consultation among, the co-authors. Where

they fail to reach an agreement, nor do they have justified reasons for the failure, any

party should not hinder any of the other parties from exercising all the rights, except the

right of assignment. However, the income made shall be fairly distributed between or

among the co-authors.

Article 10 Where the copyright owner has authorized others to make cinematographic

works and works created by virtue of analogous methods of film production, it is deemed

that he has permitted them to make necessary alteration of his works, insofar as such

alteration does not distort or mutilate the original works.

Article 11 The "assigned tasks' in the provision of Article 16, paragraph one of the

duties which citizens should perform in the legal entity or organization.

The "material and technical resources" used for the creation of works in the course of

employment in the provision of Article 16, paragraph two of the Copyright Law refer to

fund, equipment or reference material which the legal entity or organization has provided

the citizens to accomplish the creation.

Article 12 During the two years after the completion of a works created in the course of

employment, the author, with the consent of the legal entity or organization, authorizes a

third party to exploit the works in the same way as the legal entity and receives

remuneration, the remuneration shall be distributed between the author and the entity or

organization at an agreed ratio.

The time limit of two years after the completion of the creation of a works shall be

calculated from the date on which the author thereof delivers the works to the entity.

Article 13 In the case of a works of an unknown author, the copyright, except the right of

authorship, shall be exercised by the owner of the original of the works. Where the author

has been identified, the copyright shall be exercised by the author or his heir in title.

Article 14 In the case where one of the co-authors of a works of joint authorship dies

without heir in title or other behested beneficiary of the rights owned by him according to

Article 10, paragraph one (5~17), of the Copyright Law, the rights shall be exercised by

the other co-authors.

Article 15 The right of authorship, the right of revision and the right of integrity shall,

after the death of the author, be protected by the heir in title and other behested

beneficiary.

In the absence of an heir in title or other behested beneficiary, the right of authorship, the

right of revision and the right of integrity shall be protected by the copyright

administrative departments.

Article 16 The exploitation of works the copyright of which is owned by the State shall

be administered by the copyright administrative department under the State Council.

Article 17 In the case of posthumous works, the right of publication may be exercised by

the author's heir in title or other behested beneficiary within a period of fifty years after

the death of the author, unless the author had expressly stated otherwise. In the absence

of an heir in title or other behested beneficiary, the said right shall be exercised by the

owner of the original of the works.

Article 18 In the case of a works of an unknown author, the term of protection in relation

to the rights provided for in Article 10, paragraph one (5~17), of the Copyright Law, shall

be fifty years ending on December 31 of the fiftieth year after the first publication of the

works. Article 21 of the Copyright Law shall be applicable after the author of the works

has been identified.

Article 19 Any person who exploits a works created by another person shall indicate the

name of the author and title of the works, except otherwise agreed between interested

parties or otherwise impossible to do so due to the special characteristic of the way the

works is exploited.

Article 20 A published works as mentioned in the Copyright Law refers to a works

which has been made available to the public by the copyright owner himself or by

authorization.

Article 21 Where any person exploits, according to the relevant provisions of the

unreasonably prejudice the legitimate interests of the copyright owner.

Article 22 The standard of remuneration for exploitation of works under Article 23,

Article 32, paragraph two, and Article 39, paragraph three, of the Copyright Law shall be

formulated and published by the copyright administrative department under the State

Council in conjunction with the competent price administrative department under the

State Council.

Article 23 Licensing contracts shall be concluded with copyright owners when exploiting

works of other persons. Where the right licensed is an exclusive licensing right, the

contracts shall be made in writing, except in cases where works are to be published by

newspapers and periodicals.

Article 24 The contents of the exclusive licensing right provided for in Article 24 of the

or the agreement is not clear, it shall be deemed that the licensee has the right to exclude

any other person, including the copyright owner, to exploit the works in the same way.

Except otherwise agreed, a licensee who licenses a third party to exercise the same right

must be authorized by the copyright owner.

Article 25 Any person, who concludes an exclusive licensing contract or assignment

contract with a copyright owner, may submit, for filing, the contractual documents to the

Article 26 Rights and interests related to copyright, as mentioned in the Copyright Law

and these Regulations, mean the right enjoyed by publishers in the layout design of their

publications, the right enjoyed by performers in their performances, the right enjoyed by

producers of audio and video recordings in their products and the right enjoyed by radio

and television stations in their broadcasts.

Article 27 Publishers, performers, producers of audio and video recordings and radio and

television stations, in the course of exercising their rights, shall not prejudice the rights of

the copyright owners of the works being used and of the original works.

Article 28 Where it is agreed in a book publishing contract that the publisher enjoys the

exclusive publishing right, but the contents of the right is not clearly defined, it shall be

deemed that the publisher enjoys the exclusive right to publish in the same language of

the original edition or revised edition of the book within the term of validity of the

contract and in the geographic area agreed under the contract.

Article 29 The state of being out of print in relation to a works mentioned in Article 31 of

the Copyright Law shall be established where two orders sent by the author to the

publisher, are not fulfilled within six months.

Article 30 To declare that the reprinting of his works in whole or in part is not permitted

pursuant to Article 32, paragraph two, of the Copyright Law, the copyright owner shall

make a statement to that effect at the same time when the works is first published in a

newspaper or a periodical.

Article 31 To declare that the producing of sound recording products of his works is not

permitted pursuant to Article 39, paragraph three, of the Copyright Law, the copyright

owner shall make a statement to this effect at the same time when the sound-recording

products of the works are legitimately produced.

Article 32 Any person who exploits a works of another person according to the

provisions of Article 23, Article 32, paragraph two, and Article 39, paragraph three, of

the Copyright Law shall pay remuneration to the copyright owner within two months

from the date of exploitation of the works.

Article 33 Performance by foreign or stateless performers in the territory of China shall

be protected by the Copyright Law.

The right enjoyed by foreign or stateless performers in their performance pursuant to the

international treaties to which China has acceded shall be protected by the Copyright Law.

Article 34 Audio and video recordings produced and distributed in the territory of China

by foreign or stateless producers shall be protected by the Copyright Law.

The right enjoyed by foreign or stateless producers in their audio and video recordings

produced and distributed in the territory of China shall be protected by the Copyright

Law.

Article 35 The right enjoyed by foreign radio and television organizations in their

broadcasts pursuant to the international treaties to which China has acceded shall be

protected by the Copyright Law.

Article 36 In respect of infringement of copyright, with injury to the social and public

interests, as enumerated in Article 47 of the Copyright Law, the copyright administrative

departments may impose a fine not exceeding three times the amount of illegal business

turnover. Where it is difficult to calculate the amount of illegal business turnover, it may

impose a fine of no more than RMB 100,000 Yuan.

Article 37 The copyright administrative departments under the local governments shall

be responsible for investigating and handling infringements of copyright, with injury to

the social and public interests, as enumerated in Article 47 of the Copyright Law.

The copyright administrative department under the State Council may investigate and

handle copyright infringements that are of nationwide influence.

Article 38 These Implementing Regulations shall enter into force on 15 September 2002.

The Implementing Regulations of the Copyright Law of the People's Republic of China

as approved by the State Council on 24 May 1991 and promulgated by the National

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