WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/CHN/C/1
8 July 2002
(02-3795)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
CHINA
The present document reproduces the text1 of the Copyright Law, as notified by China under
Article 63.2 of the Agreement (see document IP/N/1/CHN/1).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
CHINE
Le présent document contient le texte1 de la Loi sur le droit d'auteur, qui a été notifiée par la
Chine au titre de l'article 63:2 de l' Accord (voir le document IP/N/1/CHN/1).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
CHINA
En el presente documento se reproduce el texto1 de la Ley del Derecho de Autor, que China
ha notificado en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el
documento IP/N/1/CHN/1).
                                                     
1 In English only.  The text in the original language will be available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées pourront consulter le
texte, dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/CHN/C/1
Page 2
COPYRIGHT LAW
OF THE PEOPLE’S REPUBLIC OF CHINA
(Adopted at the 15th Session of the Standing Committee of the Seventh National People’s Congress
on September 7, 1990, and Amended According to the Decision on the Revision of the Copyright
Law of the People’s Republic of China, Adopted at  the 24th Session of the Standing Committee of the
Ninth National People’s Congress on October 27, 2001)
CONTENTS
Chapter I General ProvisionsChapter II CopyrightSection 1. Copyright Owners and Their Rights
Section 2. Ownership of Copyright
Section 3. Term of Protection
Section 4. Limitations on Rights
Chapter III Copyright Licensing and Transfer ContractsChapter IV Publication, Performance, Sound Recording, Video Recording and Broadcasting
Section 1. Publication of Books, Newspapers and Periodicals
Section 2. Performance
Section 3. Sound Recording and Video Recording
Section 4. Broadcasting by a Radio Station or Television Station
Chapter V Legal Liability and Enforcement Measures
Chapter VI Supplementary ProvisionsIP/N/1/CHN/C/1
Page 3
Chapter I
General Provisions
Article 1.  This law is enacted, in accordance with the Constitution, for the purposes of protecting the
copyright of authors in their literary, artistic and scientific works and the rights related to copyright, ofencouraging the creation and dissemination of works which would contribute to the construction of
socialist spiritual and material civilization, and of promoting the development and flourishing of
socialist culture and sciences.
Article 2.  Works of Chinese citizens, legal entities or other bodies, whether published or not, shall
enjoy copyright in accordance with this Law.
The copyright in any work of a foreigner or stateless person enjoying under an agreement concluded
between China and the country to which the author belongs or in which the author has his habitual
residence, or under an international treaty to which both countries are parties, shall be protected in
accordance with this Law.
Works of foreigners or stateless persons first published in the territory of the People’s Republic of
China shall enjoy copyright in accordance with this Law.
Any work of a foreigner or stateless person first published in a member country of an international
treaty to which China is a party, or simultaneously published in a member country of the treaty and ina non-member country, shall be protected in accordance with this Law, even if the country to which
the author belongs or in which the author has his habitual residence has not concluded any copyright
agreement with China nor is it a member country of  any international copyright treaty to which China
is a party.
Article 3.  For the purposes of this law, the term ¡°works¡± includes works of literature, art, natural
science, social science, engineering technology a nd the like which are ex-pressed in the following
forms:
(1) written works;
(2) oral works;
(3) musical, dramatic, quyi, choreographic and acrobatic works;(4) works of fine art and architecture;
(5) photographic works;
(6) cinematographic works to which are assimilated works expressed by a process analogous to
cinematography;
(7) graphic works such as drawings of engineering designs and product designs, maps and sketches,and model works;
(8) computer software;
(9) other works as provided for in laws and administrative regulations.
Article 4.  Works the publication or distribution of which is prohibited by law shall not be protected
by this Law. Copyright owners, in exercising their copyright, shall not violate the Constitution or laws
or prejudice the public interests.
Article 5.  This Law shall not be applicable to:
(1) laws; regulations; resolutions, decisions and orders of State organs; other documents of a
legislative, administrative or judicial nature; and their official translations;
(2) news on current affairs;
(3) calendars, numerical tables and forms of general use, and formulas.IP/N/1/CHN/C/1
Page 4
Article 6.  Regulations for the protection of copyright in expressions of folklore shall be established
separately by the State Council.
Article 7.  The copyright administration department under the State Council shall be responsible for
the nationwide administration of copyright. The copyright administration department of the People’ s
Government of each province, autonomous region and municipality directly under the Central
Government shall be responsible for the administration of copyright in its administrative area.
Article 8.  Copyright owners or owners of rights re lated to copyright may authorize copyright
collective administration organizations to exercise their copyright or rights related to copyright. With
the authorization of a right owner, a copyright collective administration organization may exercise thecopyright or rights related to copyright in its own name for the right owner, and participate as a party
in legal or arbitration proceedings concerning copyright or rights related to copyright.
Copyright collective administration organizations shall be of non-profit nature, and the way of their
establishment, their rights and obligations, the collection and distribution of copyright licensingremuneration, and the supervision and administration of such organizations shall established
separately by the State Council.
Chapter II
Copyright
Section 1.
Copyright Owners and Their Rights
Article 9.  The term “copyright owners” shall include:
(1) authors;
(2) other citizens, legal entities and other bodies enjoying copyright in accordance with this Law.
Article 10.  The term “copyright” shall include the following personality rights and property rights:
(1) the right of publication, that is, the right to decide whether to make a work available to the public;
(2) the right of authorship, that is, the right to claim authorship and to have the author’s name
mentioned in connection with the work;
(3) the right of alteration, that is, the right to alter or authorize others to alter one’s work;
(4) the right of integrity, that is, the right to protect one’s work against distortion and mutilation;
(5) the right of reproduction, that is, the right to produce one or more copies of a work by printing,photocopying, lithographing, making a sound recording or video recording, duplicating a recording,
or duplicating a photographic work, or by other means.
(6) the right of distribution, that is, the right to provide the original copy or reproductions of a work to
the public by selling or donating;
(7) the right of rental, that is, the right to authorize others to use temporarily and onerously theoriginal copy or reproductions of a cinematographic work to which are assimilated works expressed
by a process analogous to cinematography, or of a computer software, except where the software itself
is not the essential object of the rental;
(8) the right of exhibition, that is the right to display publicly the original copy or reproductions of a
work of fine art or of a photographic work;(9) the right of performance, that is, the right to perform publicly a work, and to communicate
publicly the performance of the work by any means or process;IP/N/1/CHN/C/1
Page 5
(10) the right of presentation, that is, the right to present publicly a work of art, a photographic works,
a cinematographic work to which are assimilated works expressed by a process analogous to
cinematography, or other works, by projector, slide projector or any other analogous instrument;
(11) the right of broadcasting, that is, the right to broadcast a work or communicate it  to the public by
any wireless means, to communicate the broadcast of the work to the public by wire or byrebroadcasting, and to communicate publicly the broadcast of the work by loudspeaker or any other
analogous instrument transmitting signs, sounds or images;
(12) the right of communication through information network, that is, the right to make a work
available to the public in such a way that members of the public may access the work from a place
and at a time individually chosen by them;
(13) the right of cinematography, that is, the righ t to fix an adaptation of a work in a medium by
cinematography or a process analogous to cinematography;(14) the right of adaptation, that is, the right to change a work in an original manner for creating a new
work;
(15) the right of translation, that is, the right to converse the language of a work into another
language;
(16) the right of compilation, that is, the right to compile preexisting works or passages therefrom byselection or arrangement for creating a new work;
(17) other rights which shall be enjoyed by copyright owners.
Copyright owners may authorize others’ exercising the rights provided for in (5) to (17) of the
preceding paragraph and receive remuneration in accordance with the terms of the contracts or therelevant provisions in this Law.
Copyright owners may transfer, wholly or in part, the rights provided for in (5) to (17), first paragraph
of this article and receive transfer fees in accord ance with the terms of the contracts or the relevant
provisions in this Law.
Section 2.
Ownership of Copyright
Article 11.  Except where otherwise provided in this Law, the copyright in a work shall belong to its
author.
The author of a work is the citizen who has created the work.
Where a work is created according to the intention and under the supervision and responsibility of a
legal entity or other body, such legal entity or other body shall be deemed to be the author of the
work.
The citizen, legal entity or other body whose name is mentioned in connection with a work shall, in
the absence of proof to the contrary, be deemed to be the author of the work.
Article 12.  Where a work is created by adaptation, translation, annotation or arrangement of a
preexisting work, the copyright in the work thus created shall be enjoyed by the adapter, translator,
annotator or arranger, provided that the exercise of such copyright shall not prejudice the copyright in
the original work.
Article 13.  Where a work is created jointly by two or more co-authors, the copyright in the work shall
be enjoyed jointly by those co-authors. Co-autho rship may not be claimed by anyone who has not
participated in the creation of the work.IP/N/1/CHN/C/1
Page 6
If a work of joint authorship can be separated into independent parts and exploited separately, each
co-author shall be entitled to independent copyright in the parts that he has created, provided that the
exercise of such copyright shall not prejudice the copyright in the joint work as a whole .
Article 14.  A collection of preexisting works or passages therefrom, or of data or other material
which does not constitute a work, if manifesting the originality of a work by reason of the selection or
arrangement of its contents, is a compilation. The copyright in such a compilation shall be enjoyed by
the compiler, provided that the exercise of such copyright shall not prejudice the copyright in the
preexisting works contained in the compilation.
Article 15.  The copyright in a cinematographic work to which are assimilated works expressed by a
process analogous to cinematography shall be enjoyed by the producer of the work, while thescriptwriter, director, cameraman, lyricist, composer and other authors shall enjoy the right of
authorship and shall be entitled to receive remuneration in accordance with the terms of the contract
concluded between them and the producer.
The authors of the screenplay, musical works and other works that are included in a cinematographic
work to which are assimilated works expressed by a process analogous to cinematography and can be
exploited separately shall be entitled to exercise their copyright independently.
Article 16.  A work created by a citizen in the fulfillment of tasks assigned to him by a legal entity or
other body shall be deemed to be a work created in the course of employment. The copyright in suchwork shall be enjoyed by the author, subject to the provisions of the second paragraph of this Article,
provided that the legal entity or other body shall have a priority right to exploit the work within the
scope of its professional activities. During the two years after the completion of the work, the author
shall not, without the consent of the legal entity or other body, authorize a third party to exploit the
work in the same way as the legal entity or other body does.
In the following cases the author of a work create d in the course of employment shall enjoy the right
of authorship, while the legal entity or other body shall enjoy the other rights included in the
copyright and may reward the author:
(1) drawings of engineering designs and product designs, maps, computer software and other works
created in the course of employment mainly with the material and technical resources of the legalentity or other body and under its responsibility;
(2) works created in the course of employment where the copyright is, in accordance with laws,
administrative regulations or contracts, enjoyed by the legal entity or other body.
Article 17.  The ownership of the copyright in a commissioned work shall be agreed upon in a
contract between the commissioning and the commissioned parties. In the absence of a contract or of
an explicit agreement in the contract, the copyright in such a work shall belong to the commissioned
party.
Article 18.  The transfer of ownership of the original copy of a work of fine art, or other works, shall
not be deemed to include the transfer of the copyrigh t in such work, provided that the right to exhibit
the original copy of a work of fine art shall be enjoyed by the owner of such original copy.
Article 19.  Where the copyright in a work belongs to a citizen, the rights as provided for in (5) to
(17), first paragraph of Article 10 of this Law in respect of the work shall, after his death, during theterm of protection provided for in this Law, be transferred in accordance with the provisions of the
Inheritance Law.IP/N/1/CHN/C/1
Page 7
Where the copyright in a work belongs to a legal entit y or other body, the rights as provided for in (5)
to (17), first paragraph of Article 10 of this Law shall, after the change or the termination of the status
of the legal entity or other body, during the term of protection provided for in this Law, be enjoyed by
the succeeding legal entity or other body which has taken over the former’s rights and obligations, or,
in the absence of such successor entity, by the State.
Section 3.
Term of Protection
Article 20.  The rights of authorship, alteration and integrity of an author shall be unlimited in time.
Article 21.  The term of protection of the right of publication and the rights as provided for in (5) to
(17), first paragraph of Article 10 of this Law in respect of a work of a citizen shall be the lifetime of
the author and fifty years after his death, expiring on December 31 of the fiftieth year after his death.
In the case of a work of joint authorship, such term shall expire on December 31 of the fiftieth year
after the death of the last surviving author.
The term of protection of the right of publication and the rights as provided for in (5) to (17), first
paragraph of Article 10 of this Law in respect of a work where the copyright belongs to a legal entity
or other body, or in respect of a work created in the course of employment where the legal entity or
other body enjoys the copyright (except the right of authorship), shall be fifty years, expiring on
December 31 of the fiftieth year after the first publication of such work, provided that any such workthat has not been published within fifty years after the completion of its creation shall no longer be
protected under this Law.
The term of protection of the right of publication and the rights provided for in (5) to (17), first
paragraph of Article 10 of this Law in respect of a cinematographic work to which are assimilatedworks expressed by a process analogous to cinematography and a photographic work shall be fifty
years, expiring on December 31 of the fiftieth year after the first publication of such work, provided
that any such work that has not been published with in fifty years after the completion of its creation
shall no longer be protected under this Law.
Section 4.
Limitations on Rights
Article 22.  In the following cases, a work may be exploited without permission from, and without
payment of remuneration to, the copyright owner, prov ided that the name of the author and the title of
the work shall be mentioned and the other rights enjoyed by the copyright owner by virtue of this Law
shall not be prejudiced:
(1) use of a published work for the purposes of the user’s own private study, research or self-
entertainment;
(2) appropriate quotation from a published work in one’s own work for the purposes of introduction
to, or comments on, a work, or demonstration of a point;(3) unavoidable inclusion or quotation of a published work in newspapers, periodicals, or broadcasts,
etc. for the purpose of reporting current events;
(4) reproduction or broadcasting by newspaper or periodical publishers, radio stations or television
stations, etc. of articles published by other newspaper or periodical publishers, radio stations or
television stations, etc. on current political, economic or religious topics, except where the authorshave declared that reproduction or broadcasting is not permitted;
(5) publication or broadcasting by newspaper or periodical publishers, radio stations or television
stations, etc. of a speech delivered at a public gathering, except where the author has declared that
publication or broadcasting is not permitted;IP/N/1/CHN/C/1
Page 8
(6) translation, or reproduction in a small quantity of copies, of a published work for use by teachers
or scientific researchers, in classroom teaching or scientific research, provided that the translation or
reproduction shall not be published or distributed;
(7) use of a published work by a State organ for the purpose of fulfilling its official duties to a
justifiable extent;(8) reproduction of a work in its collections by a library, archive, memorial hall, museum, art gallery
or similar institution, for the purposes of the display, or preservation of a copy, of the work;
(9) free-of-charge live performance of a published work, where fees are not charged on the public,
and nor are payments made to the performers;
(10) copying, drawing, photographing or video recording of an artistic work located or on display in
an outdoor public place;
(11) translation of a published work of a Chinese citizen, legal entity or other body from Hanlanguage into minority nationality languages for publication and distribution within the country;
(12) transliteration of a published work into braille and publication of the work so transliterated.
The provisions of the preceding paragraph shall be applicable also to the rights of publishers,
performers, producers of sound recordings and video recordings, radio stations and television stations.
Article 23.  Except where the author has declared in advance that use is not permitted, passages from a
work, a short written work or musical work, or a single work of art or photographic work which is
published may, without the permission from the copyright owner, be compiled in textbooks for the
purposes of compiling and publishing textbooks for the nine-year compulsory education and for thenational educational planning, provided that the payment shall be made, the name of the author and
the title of the work shall be mentioned, and the other rights enjoyed by the copyright owner by virtue
of this Law shall not be prejudiced.
The provisions of the preceding paragraph shall be applicable also to the rights of publishers,
performers, producers of sound recordings and video recordings, radio stations and television stations.
Chapter III
Copyright Licensing and Transfer Contracts
Article 24.  Subject to provisions in this Law according to which no permission is needed, anyone
who exploits a work created by others shall conclude a copyright licensing contract with the copyrightowner.
A copyright licensing contract shall include the following basic contents:(1) the category of the right to exploit the work covered by the license;
(2) the exclusive or non-exclusive nature of the ri ght to exploit the work covered by the license;
(3) the territory and the term covered by the license;
(4) the amount of the remuneration and the method of its payment;
(5) the liability in the case of breach of the contract;
(6) any other matter that the contracting parties consider necessary.
Article 25. Anyone who transfers any right provided for in  (5) to (17), first paragraph of Article 10 of
this Law should conclude a written contract.
A copyright transfer contract shall include the following basic contents:(1) the title of the work;
(2) the category of the right transferred and the territory covered by the transfer;
(3) the amount of the transfer fee;IP/N/1/CHN/C/1
Page 9
(4) the date and the method of paying the transfer fee;
(5) the liability in the case of breach of the contract;
(6) any other matter that the contracting parties consider necessary.
Article 26.  The other party shall not, without permission from the copyright owner, exercise any right
that the copyright owner has not expressly licensed or transferred in the contract.
Article 27.  The remuneration for the exploitation of works may be paid in accordance with the tariffs
agreed between the parties or the tariffs established by the copyright administration department under
the State Council in collaboration with other departments concerned. In the absence of an explicit
agreement in the contract, the remuneration shall be paid in accordance with the tariffs established by
the copyright administration department under the State Council in collaboration with otherdepartments concerned.
Article 28.  Publishers, performers, producers of sound recordings and video recordings, radio
stations, television stations, etc. who or which exploit others’ works pursuant to this Law shall not
infringe the authors’ rights of authorship, alteration or integrity, or their right to remuneration.
Chapter IV
Publication, Performance, Sound Recording, Video Recording 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.  The exclusive right enjoyed by the book publisher in accordance with  the contract to
publish a work that the copyright owner delivered to him for publication shall be protected by law,
and the work may not be published by others.
Article 31.  The copyright owner shall deliver the work within the term specified in the contract. The
book publisher shall publish the work in accordance with the quality requirements and within the term
specified in the contract.
The book publisher shall bear the civil liability specified in Article 53 of this Law if he fails to publish
the work within the term 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 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 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, within fifteen days from the newspaperpublisher or within thirty days from the periodical publisher, counted from the date of submission of
the manuscript, any notification of the said publisher’s decision to publish the work, 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 prescribed in regulations.IP/N/1/CHN/C/1
Page 10
Article 33.  A book publisher may alter or abridge a work with the permission of the copyright owner.
A newspaper or periodical publisher may make edito rial 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 34.  When publishing works created by adaptation, translation, annotation, arrangement or
compilation of preexisting works, the publisher shall obtain permission both from, and pay
remuneration both to, 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
works.
Article 35.  publishers shall enjoy the right to authorize or prohibit others to exploit the typographical
designs of the books or the periodicals which they have published.
The term of protection of the right as provided for in the preceding paragraph shall be ten years,
expiring on December 31 of the tenth year after the first publication of the books or the periodicals in
which the typographical designs are used.
Section 2.
Performance
Article 36.   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. Where a performance takes place under a person’s organization, it is the person
organizing the performance that shall obtain from, and pay remuneration to, the copyright owner.
Anyone who for a performance exploits a work cr eated by adaptation, translation, annotation or
arrangement of a preexisting work shall obtain permission both from, and pay remuneration both to,
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 37.  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’ broadcasting or communicating to the public of his live performance, and
receive remuneration therefor;(4) to authorize others’ making sound recordings and video recordings of his performance, and
receive remuneration therefor;
(5) to authorize others’ reproduction and distribution of the sound recordings and video recordings of
his performance, and receive remuneration therefor;
(6) to authorize others’ making available to the public of his performance through informationnetwork, and receive remuneration therefor.
Anyone who is authorized to exploit a work in th e manner provided for in (3) to (6) of the preceding
paragraph shall also obtain permission from, and pay remuneration to, the copyright owner.
Article 38.  No time limit shall be set on the term of protection of the rights as provided for in (1) and
(2), first paragraph of Article 37 of this Law.IP/N/1/CHN/C/1
Page 11
The term of protection of the rights as provided for in (3) to (6), first paragraph of Article 37 of this
Law shall be fifty years, expiring on December 31 of the fiftieth year after the taking place of the
performance.
Section 3.
Sound Recording and Video Recording
Article 39.  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 preexisting work shall obtain permission both from, and
pay remuneration both to, the owner of the copyrigh t in the work created by adaptation, translation,
annotation or arrangement and the owner of the copyright in the original work.
A producer of sound recordings who, for the production of a sound recording, exploits a musical work
of which a lawful sound recording has been made, does not need permission from, but shall, as
prescribed 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 40.  When producing a sound recording or video recording, the producer shall conclude a
contract with, and pay remuneration to, the performers.
Article 41.  A producer of sound recordings or video recordings shall have the right to authorize others
to reproduce, distribute, rent or make available to the public through information network such sound
recordings or video recordings and the right to receive remuneration therefor. The term of protectionof such rights shall be fifty years, expiring on December 31 of the fiftieth year after the first
completion of the recording.
Anyone who is authorized to reproduce, distribute or make available to the public through information
network a sound recording or video recording shall also obtain permission both from, and pay
remuneration both to, the copyright owner and the performers.
Section 4.
Broadcasting by a Radio Station or Television Station
Article 42.  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 a
need permission from, but shall pay remuneration to, the copyright owner.
Article 43.  A radio station or television station that broadcasts a published sound recording does not
need permission from, but shall pay remuneration to , the copyright owner, unless the two parties have
agreed otherwise. The tariffs for remuneration shall be established by the State Council.
Article 44.  A radio station or television station shall enjoy the right to prohibit the following acts
performed without its permission:
(1) to rebroadcast its broadcasts;
(2) to make a sound recording or video recording of its broadcasts and to reproduce the recording.IP/N/1/CHN/C/1
Page 12
The term of protection of the right as provided for in the preceding paragraph shall be fifty years,
expiring on December 31 of the fiftieth year after the first broadcasting of the broadcast.
Article 45.  A television station that broadcasts a cinematographic works to which are assimilated
works expressed by a process analogous to cinematography or a video recording produced by anothershall obtain permission from, and pay remuneration to, the producer; in case of a video recording, the
television station shall also obtain permission fro m, and pay remuneration to, the copyright owner.
Chapter V
Legal Liability and Enforcement Measures
Article 46.  Anyone who commits any of the following acts of infringement shall bear civil liability
for such remedies as ceasing the infringing act, elim inating the effects of the act, making an apology,
or paying compensation for damages, depending on the circumstances:
(1) publishing a work without th e consent of the copyright owner;
(2) publishing a work of joint authorship as a work created solely by oneself, without the consent ofthe other co-authors;
(3) having one's name mentioned in connection with a work created by another, in order to seek
personal fame and gain, where one has not taken part in the creation of the work;
(4) distorting or mutilating a work created by another;
(5) plagiarizing a work created by another;(6) exploiting a work by exhibition, cinematography or a process analogous to cinematography,
adaptation, translation, annotation or by other means, without the consent of the copyright owner,
unless otherwise provided in this Law;
(7) exploiting a work created by another without paying remuneration where remuneration shall be
paid under this Law;(8) renting a cinematographic work to which are assimilated works expressed by a process analogous
to cinematography, computer software, sound recording or video recording, without the consent of the
copyright owner or the owner of the right related to  copyright, unless otherwise provided in this Law;
(9) exploiting the typographical design of a published book or a periodical, without the consent of the
publisher;
(10) broadcasting, communicating to the public, or making recording of a live performance, without
the consent of the performer;(11) committing other acts of infringement of copyright and of other rights related to copyright.
Article 47.  Anyone who commits any of the following acts of infringement shall bear civil liability
for such remedies as ceasing the infringing act, elim inating the effects of the act, making an apology,
or paying compensation for damages, depending on the circumstances; where the act also prejudicesthe public interests, the copyright administration department may order the infringing act to be ceased,
confiscate unlawful income, confiscate or destroy the infringing copies, and impose a fine; where the
circumstance is serious, the copyright administra tion department may also confiscate the material,
tools and instrument mainly used to produce infringing copies; and where the act constitutes a crime,
the person who commits the act shall be investigated criminal liability:
(1) reproducing, distributing, performing, presenting, broadcasting, compiling or making available to
the public through information network a work, w ithout the consent of the copyright owner, unless
otherwise provided in this Law;
(2) publishing a book where the exclusive right of publication belongs to another;(3) reproducing or distributing a sound recording or video recording of a performance, or making a
performance available to the public through information network, without the consent of the
performer, unless otherwise provided in this Law;IP/N/1/CHN/C/1
Page 13
(4) reproducing, distributing or making available to the public through information network a sound
recording or video recording, without the consent of the producer, unless otherwise provided in this
Law;
(5) rebroadcasting a broadcast or reproducing a sound recording or video recording of a broadcast,
without the consent of the radio station or television station, unless otherwise provided in this Law;(6) knowingly circumventing or sabotaging technological measures used by a copyright owner or an
owner of right related to copyright for protecting the copyright in his work or the right related to
copyright in his sound recording or video recording, without his consent, unless otherwise provided in
laws or administrative regulations;
(7) knowingly removing or altering any electronic rights management information attached to a copy
of a work, sound recording or video recording, etc., without the consent of the copyright owner or the
owner of a right related to copyright, unless otherwise provided in this Law;(8) producing or selling a work where the signature is counterfeited.
Article 48.  Anyone who infringes copyright or a right related to copyright shall pay compensation for
damages according to the actual loss of the right ow ner, or according to the unlawful income of the
infringer where the actual loss is difficult to calculate. The compensation shall include the reasonableexpenses that the right owner has paid for preventing the infringement.
Where the actual loss of the right owner or the unlawful income of the infringer can not be
determined, the people’s court shall decide a compensation not more than 500,000 yuan in RMB,
depending on the infringement circumstances.
Article 49.  A copyright owner or an owner of right re lated to copyright who can present evidence to
prove that another is committing, or is about to co mmit, an infringement which, if not being prevented
promptly, is likely to cause irreparable harm to him, may, before instituting proceedings, apply to a
people’s court for an order of desisting the relevant act and for measures of property preservation.
A people’s court which deals with the application provided for in the preceding paragraph shall apply
the provisions in Articles 93 to 96 and Article 99 of the Civil Procedure Law of the People’s Republic
of China.
Article 50.  In order to prevent infringement, a copyri ght owner or an owner of right related to
copyright may, before instituting proceedings, apply to a people’s court for evidence preservationwhere the evidence is likely to be missing, or to be difficult to obtain later.
The people’s court, having accepted the application, shall make a ruling within forty-eight hours.
Where the people’s court rules to adopt a preservation measure, it shall be enforced immediately.
The people’s court may order the applicant to provide assurance, and shall reject the application
where the applicant fails to do so.
The people’s court shall release the preservati on measure where the applicant fails to institute
proceedings within fifteen days after the people’s court adopted the said measure.
Article 51.  A people’s court which reviews a case may confiscate the unlawful income, infringing
copies and property used for illegal activities where copyright or a right related to copyright is
infringed.
Article 52.  A publisher or a producer of reproductions who fails to prove that his publication or
production is legally permitted, or a distributor of reproductions or a renter of reproductions of a
cinematographic work to which are assimilated works expressed by a process analogous toIP/N/1/CHN/C/1
Page 14
cinematography, computer software, or sound recording or video recording who fails to prove the
legal source of the reproductions that he distributes or rents, shall bear legal liability.
Article 53.  A party who fails to fulfill his contractual obligations, or executes them in a manner that is
not in conformity with the agreed conditions of the contract, shall bear civil liability in accordancewith the relevant provisions of the General Principles of the Civil Law of the People’s Republic of
China, the Law of Contracts of the People’s Republic of China and other related laws.
Article 54.  A dispute over copyright may be settled by mediation. It may also be submitted to an
arbitration body for arbitration under a written arbitration agreement between the parties or under the
arbitration clause in the copyright contract.
Any party may institute proceedings directly in a people’s court in the absence of a written arbitration
agreement between the parties or in the absence of an arbitration clause in the contract.
Article 55.  Any party who objects to an administrative penalty may institute proceedings in a people’
s court within three months of having received the written decision on the penalty. If a party neitherinstitutes proceedings nor implements the decision within the above time limit, the copyright
administration department concerned may apply to a people’s court for enforcement.
Chapter VI
Supplementary Provisions
Article 56.  For the purpose of this Law, the terms “zhuzuoquan” and “banquan” are the same.
Article 57.  The term “publication” as used in Article 2 of this Law shall mean the act of the
reproduction and distribution of a work.
Article 58.  Regulations for the protection of computer software and of the right of communication
through information network shall be established separately by the State Council.
Article 59.  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, of which the term
of protection specified in this law has not yet expired on the date of this Law’s entry into force, shallbe protected in accordance with this Law.
Any Infringements of copyright and the rights related to copyright or breaches of contracts 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 act was committed.
Article 60.  This Law shall enter into force on June 1, 1991.
__________