Regulations on the Implementation of the Copyright Law of the People's Republic of China
（ promulgated by the State Council of the People's Republic of China on August 2, 2002, Order No. 359 amended for the first time according to the Decision of the State Council on Abolishing and Amending Some Administrative Regulations on January 8, 2011 amended for the second time according to the Decision of the State Council on Amending the Regulations on the Implementation of the Copyright Law of the People's Republic of China on January 30, 2013）
Article 1 This regulation is formulated in accordance with the Copyright Law of the People's Republic of China (hereinafter referred to as the Copyright Law).
Article 2 The term "work" as mentioned in the Copyright Law refers to the intellectual achievements in the fields of literature, art, and science that are original and capable of being copied in a tangible form.
Article 3 The term "creation" as mentioned in the Copyright Law refers to the intellectual activities that directly produce literary, artistic, and scientific works.
Organizing work for others' creation, providing consultation, material conditions, or engaging in other auxiliary work does not constitute creation.
Article 4 The meanings of the following works in the Copyright Law and this regulation:
(1) Literary works refer to works such as novels, poems, essays, and papers expressed in written form;
(2) Oral works refer to works such as impromptu speeches, lectures, and法庭 debates expressed in oral language;
(3) Musical works refer to works such as songs and symphonies that can be sung or played, either with or without lyrics;
(4) Dramatic works refer to works such as dramas, operas, and local operas that are performed on stage;
(5) Combined works refer to works such as crosstalk, fast talk, storytelling, and评书 that are performed mainly through singing and reciting;
(6) Dance works refer to works that express thoughts and emotions through continuous movements, postures, and expressions;
(7) Acrobatic art works refer to works such as acrobatics, magic, and horse-riding that are performed through physical movements and skills;
(8) Fine arts refer to works such as paintings, calligraphy, and sculptures that are created with lines, colors, or other means to form aesthetic shapes in two or three dimensions;
(9) Architectural works refer to works that are aesthetically pleasing and expressed in the form of buildings or structures;
(10) photographic works, which refer to artistic works that record the image of objective objects on photographic materials or other media with the help of instruments;
(11) cinematographic works and works created by similar methods, which refer to works that are recorded on a certain medium, consisting of a series of images with or without sound, and can be projected or disseminated by appropriate devices;
(12) graphic works, which refer to engineering design drawings, product design drawings, and maps, diagrams reflecting geographical phenomena, and those explaining the principles or structure of things, etc.;
(13) model works, which refer to three-dimensional works made according to the shape and structure of objects at a certain scale for the purpose of display, experiment, or observation, etc.
Article 5 The meanings of the following terms in the Copyright Law and this Regulation:
(1) news of the day, which refers to simple fact messages reported by newspapers, periodicals, radio stations, television stations, etc.;
(2) sound recording, which refers to any recording of the sound of performances and other sounds;
(3) audio-visual works, which refer to any recording of continuous related images or images with or without sound, other than cinematographic works and works created by similar methods;
(4) sound recording producer, which refers to the person who makes the first production of a sound recording;
(5) audio-visual works producer, which refers to the person who makes the first production of an audio-visual work;
(6) performers, which refers to actors, performance units, or other people who perform literary or artistic works.
Article 6 Copyright is generated from the creation and completion of a work.
Article 7 The copyright of the works of foreigners and stateless persons first published in China shall be protected from the date of the first publication.
Article 8 Foreigners' and stateless persons' works first published abroad shall be regarded as published in China within 30 days after such publication, if published in China within 30 days after such publication.
Article 9 For a joint work that cannot be separated, the copyright shall be jointly enjoyed by the authors of the joint work and shall be exercised by consensus; if there is no consensus and there is no正当 reason, no one shall prevent the other party from exercising other rights except for the transfer, but the benefits obtained shall be reasonably distributed to all the authors of the joint work.
Article 10 When the copyright owner permits others to make a film or a work created by a similar method of filming, it is deemed that he has agreed to make necessary changes to his work, but such changes shall not distort or tamper with the original work.
Article 11 The "work tasks" referred to in the first paragraph of Article 16 of the Copyright Law mean the duties that a citizen should perform in the legal person or the organization.
The "material technical conditions" referred to in the second paragraph of Article 16 of the Copyright Law mean the funds, equipment or materials specially provided by the legal person or the organization for the citizen to complete the creation.
Article 12 During the two years after the completion of the work, with the consent of the unit, the author may license a third party to use the work in the same way as the unit uses it, and the remuneration obtained shall be distributed between the author and the unit according to the agreed ratio.
The period of two years for the completion of the work shall be calculated from the date when the author delivers the work to the unit.
Article 13 For works whose author is not known, the owner of the original work of the work shall exercise the copyright except for the right of attribution. After the identity of the author is determined, the copyright shall be exercised by the author or his heir.
Article 14 After the death of one of the authors of a joint work, if the rights provided in paragraphs 5 to 17 of Article 10 of the Copyright Law enjoyed by the author in the joint work are not inherited by anyone and are not bequeathed to anyone, they shall be enjoyed by the other authors of the joint work.
Article 15 After the death of the author, the right of attribution, the right of modification and the right of protection of the integrity of the work in the copyright shall be protected by the heir or the legatee of the author.
If there is no heir and no legatee of the author, the right of attribution, the right of modification and the right of protection of the integrity of the work shall be protected by the administrative department of copyright.
Article 16 The use of works owned by the state shall be managed by the State Council's administrative department of copyright.
Article 17 For works not published during the author's lifetime, if the author does not explicitly state that they do not wish to be published, the right of publication can be exercised by the heir or the person who has received a legacy within 50 years after the author's death; if there is no heir or no one has received a legacy, the owner of the original work can exercise this right.
Article 18 For works whose author's identity is unknown, the protection period for the rights specified in Article 10, Paragraph 1, Items 5 to 17 of the Copyright Law shall end on December 31st of the 50th year after the work is published for the first time. Once the author's identity is determined, the provisions of Article 21 of the Copyright Law shall apply.
Article 19 When using someone else's work, the author's name and the name of the work should be indicated; however, this does not apply if the parties have other agreements or if it is impossible to indicate due to the nature of the way the work is used.
Article 20 The Copyright Law refers to a work that has been published as a work published by the copyright owner themselves or with their permission.
Article 21 In accordance with the relevant provisions of the Copyright Law, the remuneration standard for the use of works that can be used without the permission of the copyright owner shall not affect the normal use of the work, nor shall it unreasonably damage the legitimate interests of the copyright owner.
Article 22 The remuneration standard for the use of works in accordance with the provisions of Article 23, Article 33, Paragraph 2, and Article 40, Paragraph 3, of the Copyright Law shall be formulated and announced by the State administrative department of copyright in conjunction with the State price authority.
Article 23 When using someone else's work, a license agreement should be concluded with the copyright owner. If the right of use is a exclusive right, it should be in writing, except for works published by newspapers and periodicals.
Article 24 The content of the exclusive right specified in Article 24 of the Copyright Law shall be agreed upon by the contract, and if the contract does not agree or the agreement is unclear, it shall be deemed that the licensor has the right to prevent anyone, including the copyright owner, from using the work in the same way; unless otherwise agreed in the contract, the licensor must obtain the permission of the copyright owner to license a third party to exercise the same right.
Article 25 If a contract for exclusive license or transfer of rights is concluded with the copyright owner, it can be filed with the administrative department of copyright.
Article 26 The rights referred to in the Copyright Law and in this Regulation as rights related to copyright include the rights of the publisher of a book or periodical to the layout design of the book or periodical, the rights of the performer to the performance, the rights of the producer of a sound or video recording to the sound or video recording, and the rights of the radio or television station to the radio or television program broadcast.
Article 27 The exercise of rights by the publisher, the performer, the producer of a sound or video recording, the radio or television station shall not infringe the rights of the owner of the work used and the owner of the original work.
Article 28 If a book publishing contract stipulates that the book publisher has the exclusive right to publish but does not clearly state its specific content, it shall be deemed that the book publisher has the exclusive right to publish the book in the same language of the original and revised edition within the effective period of the contract and within the geographical area agreed in the contract.
Article 29 If two orders sent by the copyright owner to the book publisher are not fulfilled within 6 months, it shall be deemed that the book is out of stock as referred to in Article 32 of the Copyright Law.
Article 30 If the copyright owner makes a statement in accordance with the second paragraph of Article 33 of the Copyright Law that his work shall not be reproduced or excerpted, he shall attach a statement when the work is published in newspapers or periodicals.
Article 31 If the copyright owner makes a statement in accordance with the third paragraph of Article 40 of the Copyright Law that he shall not make a sound or video recording of his work, he shall make a statement when the work is lawfully recorded as a sound or video recording.
Article 32 If the use of another person's work is made in accordance with Article 23, the second paragraph of Article 33, or the third paragraph of Article 40 of the Copyright Law, the remuneration shall be paid to the copyright owner within 2 months from the date of use of the work.
Article 33 The performance of a foreigner or a stateless person in China shall be protected by the Copyright Law.
The rights of a foreigner or a stateless person to a performance in China, which are enjoyed in accordance with the international treaties to which China is a party, shall be protected by the Copyright Law.
Article 34 Sound or video recordings made and issued by foreigners or stateless persons in China shall be protected by the Copyright Law.
The rights of a foreigner or a stateless person to sound or video recordings made and issued in China, which are enjoyed in accordance with the international treaties to which China is a party, shall be protected by the Copyright Law.
Article 35 Broadcasts and television programs played by foreign radio stations and television stations according to the rights enjoyed by China under the international treaties it has joined shall be protected by the Copyright Law.
Article 36 For the infringement of the rights and interests stipulated in Article 48 of the Copyright Law that also damages the public interest, and with an illegal business amount of more than 50,000 yuan, the administrative department of copyright may impose a fine of more than 1 time and less than 5 times the illegal business amount; if there is no illegal business amount or the illegal business amount is less than 50,000 yuan, the administrative department of copyright may impose a fine of less than 250,000 yuan according to the seriousness of the circumstances.
Article 37 For the infringement of the rights and interests stipulated in Article 48 of the Copyright Law that also damages the public interest, the administrative department of copyright of the local people's government shall be responsible for investigating and dealing with it.
The administrative department of copyright of the State Council may investigate and deal with the infringement of the rights and interests stipulated in Article 48 of the Copyright Law that has a major impact throughout the country.
Article 38 This regulation shall come into effect on September 15, 2002. The "Regulations on the Implementation of the Copyright Law of the People's Republic of China" issued by the State Council on May 24, 1991, and issued by the State Copyright Bureau on May 30, 1991, shall be abolished at the same time.