全国人民代表大会

permission is required in accordance with the provisions of this Law,
conclude a contract with, or otherwise obtain permission from, the
copyright owner.
Article 24
A contract shall include the following basic clauses:
(1) the manner of exploitation of the work covered by the license;
(2) the exclusive or nonexclusive nature of the right to exploit the work
covered by the license;
(3) the scope and term of the license;
(4) the amount of remuneration and the method of its payment;
(5) the liability for breach of contract; and
(6) any other matter which the contracting parties consider necessary.
Article 25
Without permission from the copyright owner, the other party to the
contract shall not exercise the right which the copyright owner has not
explicitly licensed in the contract.
Article 26
The term of validity of a contract shall not exceed ten years. The
contract may be renewed on expiration of that term.
Article 27
The tariffs of remuneration for the exploitation of works shall be
established by the copyright administration department under the State
Council jointly with other departments concerned.
Where otherwise agreed to in a contract, remuneration may be paid in
accordance with the terms of the said contract.
Article 28
Publishers, performers, producers of sound recordings and video
recordings, radio stations, television stations and other entities who or
which have, pursuant to this Law, obtained the right of exploitation
included in the copyright of others, shall not prejudice such authors'
rights of authorship, alteration, integrity and their right to
remuneration.

Chapter IV Publication, Performance, Sound Recording, Video Recor- ding and Broadcasting
Section 1 Publication of Books, Newspapers and Periodicals
Article 29
A book publisher who publishes a book shall conclude a publishing contract
with, and pay remuneration to, the copyright owner.
Article 30
A book publisher shall, during the term of the contract, have an exclusive
right to publish the work delivered to him for publication by the
copyright owner. The term of the exclusive right to publish the work,
enjoyed by the book publisher as specified in the contract, shall not
exceed ten years. The contract may be renewed on expiration of that term.
The exclusive right to publish a work enjoyed by the book publisher shall,
during the term specified in the contract, be protected by law, and the
work may not be published by others.
Article 31
The copyright owner shall deliver the work to the publisher within the
time limit specified in the contract. The book publisher shall publish the
work according to the quality requirements and within the time limit
specified in the contract. The book publisher shall bear the civil
liability in accordance with the provisions of Article 47 of this Law if
he fails to publish the work within the time limit specified 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 book
publisher refuses to reprint or republish the work when the stocks of the
book are exhausted, the copyright owner shall have the right to terminate
the contract.
Article 32
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 fifteen days from the newspaper publisher or within thirty days
from the periodical publisher 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.
After a work is published in a newspaper or a periodical, other newspaper
or periodical publisher may, except where the copyright owner has declared
that reprinting or excerpting is not permitted, 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 prescribed in
regulations.
Article 33
A book publisher may alter or abridge a work with the permission of the
copyright owner. A newspaper publisher or periodical publisher may make
editorial modifications and abridgments in a work, but shall not make any
modifications in the content of the work unless permission has been
obtained from the author.
Article 34
When publishing a work created by adaptation, translation, annotation,
arrangement or compilation of a pre-existing work, the publisher shall pay
remuneration both to the owner of the copyright in the work created by
adaptation, translation, annotation, arrangement or compilation, and to
the owner of the copyright in the original work.
Section 2 Performance
Article 35
A performer (an individual performer or a performing troupe) who for a
performance exploits an unpublished work created by others shall obtain
permission from, and pay remuneration to, the copyright owner.
A performer who for a commercial performance exploits a published work
created by others does not need permission from, but shall, as prescribed
by 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.
A performer who for a commercial performance exploits a work created by
adaptation, translation, annotation or arrangement of a pre-existing work
shall pay remuneration both to the owner of the copyright in the work
created by adaptation, translation, annotation or arrangement and to the
owner of the copyright in the original work. Where a performer performs a
work created by others for the purpose of producing a sound recording,
video recording, radio programme or television programme, the provisions
of Article 37 and 40 of this Law shall apply.
Article 36
A performer shall, in relation to his performance, enjoy the right:
(1) to claim performership;
(2) to protect the image inherent in his performance from distortion;
(3) to authorize others to make live broadcasts; and
(4) to authorize others to make sound recordings and video recordings for
commercial purposes, and to receive remuneration therefor.
Section 3 Sound Recording and Video Recording
Article 37
A producer of sound recordings who, for the production of a sound
recording, exploits an unpublished work created by others shall obtain
permission from, and pay remuneration to, the copyright owner. A producer
of sound recordings who, for the production of a sound recording, exploits
a published work created by others, does not need permission from, but
shall, as prescribed by 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.
A producer of video recordings who, for the production of a video
recording, exploits a work created by others 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 pay remuneration both to the owner of the copyright in
the work created by adaptation, translation, annotation or arrangement,
and to the owner of the copyright in the original work.
Article 38
When producing a sound recording or video recording, the producer shall
conclude a contract with, and pay remuneration to, the performer.
Article 39
A producer of sound recordings or video recordings shall have the right to
authorize others to reproduce and distribute his sound recordings or video
recordings and the right to receive remuneration therefor. The term of
protection of such rights shall be fifty years, expiring on December 31 of
the fiftieth year after the first publication of the recordings. A
producer of sound recordings or video recordings who is authorized to
reproduce and distribute a sound recording or video recording created by
others shall also pay remuneration to the copyright owner and to the
performer as prescribed by regulations.
Section 4 Broadcasting by Radio Station or Television Station
Article 40
A radio station or television station which exploits, for the production
of a radio or television programme, an unpublished work created by others,
shall obtain permission from, and pay remuneration to, the copyright
owner.
A radio station or television station which exploits, for the production
of a radio or television programme, a published work created by others
does not need permission from the copyright owner, but such a work shall
not be exploited where the copyright owner has declared that such
exploitation is not permitted. In addition, remuneration shall be paid as
prescribed by regulations unless this Law provides that no remuneration
needs to be paid.
A radio station or television station which exploits, for the production
of a radio or television programme, a work created by adaptation,
translation, annotation, or arrangement of a pre-existing work, shall pay
remuneration both to the owner of the copyright in the work created by
adaptation, translation, annotation or arrangement and to the owner of the
copyright in the original work.
Article 41
When producing a radio or television programme, the radio station or
television station shall conclude a contract with, and pay remuneration
to, the performer.
Article 42
A radio station or television station shall, in respect of a programme
produced by it, enjoy the right:
(1) to broadcast the programme;
(2) to authorize others to broadcast the programme, and to receive
remuneration therefor; and
(3) to authorize others to reproduce and distribute the radio or
television programme, and to receive remuneration therefor.
The term of protection of the rights specified in the preceding paragraph
shall be fifty years, expiring on December 31 of the fiftieth year after
the first broadcasting of the programme.
A producer of sound recordings or video recordings who is authorized to
reproduce and distribute a radio or television programme shall also pay
remuneration to the copyright owner and the performer as prescribed by
regulations.
Article 43
A radio station or television station may broadcast, for noncommercial
purposes, a published sound recording without seeking permission from, or
paying remuneration to, the copyright owner, performer and producer of the
sound recording.
Article 44
A television station which broadcasts a cinematographic, television or
video-graphic work produced by others shall obtain permission from, and
pay remuneration to, the producer of the cinematographic, television or
video-graphic work.

Chapter V Legal Liability
Article 45
Anyone who commits any of the following acts of infringement shall bear
civil liability for such remedies as ceasing the infringing act,
eliminating its ill effects, making a public apology or paying
compensation or damages, etc., depending on the circumstances:
(1) publishing a work without the permission of the copyright owner;
(2) publishing a work of joint authorship as a work created solely by
oneself without the permission of the other co-authors;
(3) having one's name indicated on a work created by others, in order to
seek personal fame and gain, where one has not participated in the
creation of the work;
(4) distorting or mutilating a work created by others;
(5) exploiting a work by performance, broadcasting, exhibition,
distribution, making cinematographic, television or video productions,
adaptation, translation, annotation, and compilation, or by other means,
without the permission of the copyright owner, unless otherwise provided
in this Law;
(6) exploiting a work created by others without paying remuneration as
prescribed by regulations;
(7) broadcasting a live performance without the permission of the
performer; or (8) committing other acts of infringement of copyright and
of other rights and interests related to copyright.
Article 46
Anyone who commits any of the following acts of infringement shall bear
civil liability for such remedies as ceasing the infringing act,
eliminating its ill effects, making a public apology or paying
compensation for damages, etc., depending on the circumstances, and may,
in addition, be subjected by the copyright administration department to
such administrative penalties as confiscation of unlawful income from the
act, or imposition of a fine:
(1) plagiarizing a work created by others;
(2) reproducing and distributing a work, for commercial purposes, without
the permission of the copyright owner;
(3) publishing a book where the exclusive right of publication belongs to
another publisher;
(4) producing and publishing a sound recording or video recording of a
performance without the permission of the performer;
(5) reproducing and distributing a sound recording or video recording
produced by others without the permission of its producer;
(6) reproducing and distributing a radio programme or television programme
without the permission of the radio station or television station which
has produced that programme; or
(7) producing or selling a work of fine art where the signature of the
author is forged.
Article 47
A party who fails to perform his contractual obligations, or performs them
in a manner which is not in conformity with the agreed terms shall bear
civil liability in accordance with the relevant provisions of the General
Principles of the Civil Law.
Article 48
A dispute over copyright infringement may be settled by mediation. If
mediation is unsuccessful, or if one of the parties retracts from his
promise after a mediation agreement is reached, proceedings may be
instituted in a people's court. Proceedings may also instituted directly
in a people's court if the parties do not wish to settle the dispute by
mediation.
Article 49
A dispute over a copyright contract may be settled by mediation. It may
also, in accordance with the arbitration clause of contract, or a written
arbitration agreement concluded after the contract has been signed, be
submitted to a copyright arbitration body for arbitration.
The parties shall implement the arbitration award. If one of the parties
fails to implement the award, the other party may apply to a people's
court for execution. If the people's court which has been requested to
execute an arbitration award finds that the arbitration award is contrary
to law, it shall have the right to refuse the execution.
Where the people's court refuses to execute an arbitration award, the
parties may institute proceedings in a people's court for contractual
dispute.
Where no arbitration clause is stipulated in the contract and no written
arbitration agreement is concluded after the contract has been signed, any
party may institute proceedings directly in a people's court.
Article 50
Any party who is not satisfied with an administrative penalty may
institute proceedings in a people's court within three months from receipt
of the written decision of the administrative penalty. If the party
neither institutes proceedings nor executes the decision within the time
limit, the copyright administration department may apply to a people's
court for execution.

Chapter VI Supplementary Provisions
Article 51
For the purpose of this Law, the term "zhuzuoquan" (author's rights) is
synonymous with the term "banquan" (copyright).
Article 52
The term "reproduction" as used in this Law means the act of producing one
or more copies of a work by printing, photocopying, copying,
lithographing, making a sound recording or video recording, duplicating a
recording, or duplicating a photographic work or by other means.
The term "reproduction" as used in this Law does not cover the
construction or manufacture of industrial products on the basis of
drawings of engineering designs and product designs, and descriptions
thereof.
Article 53
Measures for the protection of computer software shall be established
separately by the State Council.
Article 54
The implementing regulations of this Law shall be drawn up by the
copyright administration department under the State Council and shall
enter into force after approval by the State Council.
Article 55
The rights of copyright owners, publishers, performers, producers of sound
recordings and video recordings, radio stations and television stations as
provided for in this Law shall, if their term of protection as specified
in this Law has not yet expired on the date of entry into force of this
Law, be protected in accordance with this Law. Any act of infringement or
breach of contract committed prior to the entry into force of this Law
shall be dealt with in accordance with the relevant regulations or
policies in force at the time when such act was committed.
Article 56
This Law shall enter into force as of June 1, 1991.
Note:
[*1] This English version is the preliminary English translation provided
by the Legislative Affairs Commission of the Standing Committee of the
National People's Congress of the People's Republic of China. It shall be
republished after being further revised and finalized by the Legislative
Affairs Commission of the Standing Committee of the National People's
Congress of the People's Republic of China. - The Editor

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