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Implementing Regulations of the Copyright Law of the People's Republic of China
From:China Trademark Input_time:8/20/2009 2:16:42 AM 
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(Promulgated by Decree No. 359 of the State Council of the People's Republic of China on August 2, 2002, and effective as of September 15, 2002)

Article 1. These Implementing 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" referred to in the Copyright Law shall mean intellectual creations in the literary, artistic and scientific domain, insofar as they are of originality and capable of being reproduced in a certain tangible form.

Article 3
. The term"creation" referred to in the Copyright Law shall mean intellectual activities from which literary, artistic and scientific works are directly created.

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 expressed in spoken words, such as impromptu speeches, lectures, and court debates;

(3) musical works are works which can be sung or performed, and may include or not include any accompanying words, such as songs, and symphonic works;

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

(5) "quyi" works are works which are performed in a way mainly including recitation or/and singing, such as "xiangsheng" (cross talk), "kuaishu" (clapper talk), "dagu" (ballad singing with drum accompaniment), and"pingshu" (story-telling based on classical novels);

(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 works expressed through body movements and artistry, such as acrobatic, magic and circus works;

(8) works of fine art are works two-dimensional or three-dimensional works created in lines, colors or other media, which being viewed, impart aesthetic effect, such as painting, works of calligraphy and sculptures;

(9) architectural works are works expressed in architectural or constructional form, which being viewed, impart aesthetic effect;

(10) photographic works are artistic works created by recording images of existing objects 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 and consist of a series of related images which, when shown in succession with the aid of suitable devices, impart an impression of motion, together with or without accompanying sounds;

(12) pictorial works are such works as drawings of engineering designs and product deigns for the purpose of actual construction or manufacture, and maps and diagrams showing geographic phenomena and demonstrating the fundamentals or structures of objects;

(13) model works are three-dimensional works made according to the shapes and structures, in certain scales, of objects 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 conveyed by such media as newspapers, periodicals and radio and television programs;

(2) sound recordings refer to works resulted from the recordation of any sounds of performance and other sounds;

(3) video recordings refer to works resulted from 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 original person who makes the sound recording;

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

(6) performer refers to an actor, performing entity or any other person who performs literary or artistic works.

Article 6
. Copyright shall be protected from the date on which the creation of a work 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 protected from the date on which the work is first published.

Article 8
. Where works of foreigners or stateless persons are first published outside the territory of China and then, within thirty days, published in the territory of China, the works shall be deemed to have been simultaneously published in the territory of China.

Article 9
. Where a jointly created work is not able to be used separately, the copyright of the work shall be jointly enjoyed by the joint authors, and exercised by unanimous agreement; where the joint authors fail to reach an agreement and without justified reasons, any party may not prevent any of the other parties from exercising the copyright except the right of assignment, but the gaining from the exercising shall be reasonably distributed between or among all joint 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 work.

Article 11
. The "tasks assigned" in the provision of Article 16, paragraph one of the Copyright Law regarding works made for hire, refer to duties which citizens shall perform in the legal entity or organization.

The "material and technical resource" used for the creation of a work 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 specifically the citizens to accomplish the creation of the work .

Article 12
. During the two years after the completion of a work made for hire, the author, with the permission of the legal entity or organization, authorizes a third party to exploit the work 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 work shall be calculated from the date on which the author thereof delivers the work to the entity.

Article 13
. In the case of a work of an unknown author, the copyright, except the right of authorship, shall be exercised by the owner of the original copy of the work. Where the author has been identified, the copyright shall be exercised by the author or his heir in title.

Article 14
. Where one of the co-authors of a work of joint authorship dies without heir in title or other bequeathed beneficiary of the rights owned by him according to Article 10, items (5) to (17) of paragraph one, of the Copyright Law, such rights shall be exercised by the other co-authors.

Article 15
. The rights of authorship, alteration and integrity of an author shall, after the death of the author, be protected by the heir in title and other bequeathed beneficiary.

In the absence of an heir in title or other bequeathed beneficiary, the rights of authorship, alteration and 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 bequeathed beneficiary within a period of fifty years after the death of the author, unless the author had expressly stated that the work shall not be published. In the absence of an heir in title or other bequeathed beneficiary, such right shall be exercised by the owner of the original copy of the work.

Article 18
. In the case of a work of an unknown author, the term of protection in relation to the rights provided for in Article 10, items (5) to (17) of paragraph one, of the Copyright Law, shall be fifty years ending on December 31 of the fiftieth year after the first publication of the work. Article 21 of the Copyright Law shall be applicable after the author of the work has been identified.

Article 19
. Any person who exploits a work created by another person shall indicate the name of the author and title of the work, except otherwise agreed between interested parties or otherwise impossible to do so due to the specific way in which the work is exploited.

Article 20
. A published work as mentioned in the Copyright Law refers to a work 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 Copyright Law, a published work that may be exploited without the authorization of the copyright owner, he shall not affect the normal exploitation of the work, nor 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
. Where anyone exploits a work of other person, he shall conclude a license contract with the copyright owner. Where the right licensed is an exclusive right of exploitation, the contract shall be made in writing, except the work is to be published by newspapers and periodicals.

Article 24
. The contents of the exclusive right of exploitation provided for in Article 24 of the Copyright Law shall be stipulated in contract. Where no such stipulation is made in the contract or the stipulation is not clear, it shall be deemed that the licensee has the right to exclude any other person, including the copyright owner, from exploiting the work in the same way. Where a licensee licenses a third party to exercise the same right, he shall be authorized by the copyright owner, except otherwise agreed upon.

Article 25
. Where any person concludes an exclusive licensing contract or assignment contract with a copyright owner, he may submit the contractual documents to the copyright administrative department for recordation.

Article 26
. Rights and interests related to copyright, as mentioned in the Copyright Law and these Regulations, mean the rights enjoyed by publishers in the typographical arrangements of their books or periodicals published, the rights enjoyed by performers in their performances, the rights enjoyed by producers of sound recordings and video recordings in their sound recordings and video recordings and the rights enjoyed by radio and television stations in their broadcast radio or television programs.

Article 27
. Publishers, performers, producers of sound recordings 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
. Where two orders mailed by the author to the publisher are not fulfilled within six months, it is deemed that stocks of the book have been exhausted mentioned in Article 31 of the Copyright Law.

Article 30
. Where a copyright owner declares that the reprinting of his work in whole or in part is not permitted pursuant to Article 32, paragraph two, of the Copyright Law, he shall make a statement attached to the work when the work is published in a newspaper or a periodical.

Article 31
. Where a copyright owner declares that his work is not permitted to be produced into sound recordings pursuant to Article 39, paragraph three, of the Copyright Law, he shall make a statement when the sound recordings of the work are legitimately produced.

Article 32
. Where any person exploits a work of another person according to the provisions of Article 23, Article 32, paragraph two, and Article 39, paragraph three, of the Copyright Law, he shall pay remuneration to the copyright owner within two months from the date of exploitation of the work.

Article 33
. Performance by foreign or stateless performers in the territory of China shall be protected by the Copyright Law.

The rights enjoyed by foreign or stateless performers in their performances pursuant to the international treaties to which China has acceded, shall be protected by the Copyright Law.

Article 34
. The sound 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 sound recordings produced and distributed pursuant to the international treaties to which China has acceded, shall be protected by the Copyright Law.

Article 35
. The right enjoyed by foreign radio and television stations in their broadcast radio or television programs 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 prejudice of 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 prejudice of 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 September 15, 2002. The Implementing Regulations of the Copyright Law of the People's Republic of China as approved by the State Council on May 24, 1991 and promulgated by the National Copyright Administration on May 30, 1991 shall be simultaneously abrogated.

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