According to the "Decision on Amending the Copyright Law of People's Republic of China (PRC)" adopted at the 24th meeting of the Ninth NPC Standing Committee on October 27th, 2006/KLOC-0, the first amendment was made.
According to the 13th meeting of the 11th NPC Standing Committee on February 26th, 20 10, revised by the Decision on Amending the Copyright Law of People's Republic of China (PRC)).
Chapter I General Principles
Chapter II Copyright
Section 1 Copyright owners and their rights
Section 2 Ownership of Copyright
Section 3 Period of Protection of Rights
Section 4 Limitation of Rights
Chapter III Contracts for Licensed Use and Transfer of Copyright
Chapter IV Publication, Performance, Audio Recording, Video Recording and Broadcasting
Section 1 Publication of Books, Newspapers and Periodicals
Section 2 Performance
Section 3 Audio and Video Recording
Section 4 Broadcasting by Radio and Television Stations
Chapter V Legal Responsibility and Law Enforcement Measures
Chapter VI Supplementary Provisions Chapter I General Provisions
first
In order to protect the copyright of authors of literary, artistic and scientific works and their rights and interests related to copyright, encourage the creation and dissemination of works beneficial to the construction of socialist spiritual civilization and material civilization, and promote the development and prosperity of socialist culture and science, this Law is formulated in accordance with the Constitution.
second
Works of China citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law.
The copyright enjoyed by the works of foreigners and stateless persons in accordance with the agreement signed between the country to which the author belongs or the country of habitual residence and China or the international treaties to which * * * is a party shall be protected by this Law.
Works of foreigners and stateless persons first published in China shall enjoy copyright in accordance with this Law.
The works of authors and stateless persons from countries that have not signed agreements with China or participated in international treaties are first published in the member countries of international treaties to which China is a party, or published in both member countries and non-member countries at the same time, and are protected by this Law.
essay
Works referred to in this Law include literary, artistic, natural, social and engineering works created in the following forms: written works; Oral works; Music, drama, folk art, dance and acrobatic works; Artistic and architectural works; Photographic works; Film works and works created by similar photography methods; Graphic works and model works such as engineering design drawings, product design drawings, maps and schematic diagrams; Computer software; Other works as prescribed by laws and administrative regulations. Article 4
The exercise of copyright by copyright owners shall not violate the Constitution and laws, and shall not harm the public interests. The state shall supervise and administer the publication and dissemination of works according to law.
Article 5
This Law does not apply to: laws and regulations, resolutions, decisions and orders of state organs, and other documents of a legislative, administrative and judicial nature and their official translations; Current affairs news; Calendars, general tables, general tables and formulas. Article 6
Measures for copyright protection of folk literature and art works shall be formulated separately by the State Council.
Article 7
The copyright administrative department of the State Council is in charge of copyright management throughout the country; The copyright administrative departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government shall be in charge of the copyright administration in their respective administrative areas.
Article 8
Copyright owners and copyright-related rights holders may authorize copyright collective management organizations to exercise copyright or copyright-related rights. After being authorized, the copyright collective management organization may claim rights for copyright owners and copyright-related rights holders in its own name, and may participate in litigation and arbitration activities involving copyright or copyright-related rights as a party.
Copyright collective management organizations are non-profit-making organizations, and their establishment methods, rights and obligations, collection and distribution of copyright licensing fees, and supervision and management shall be stipulated separately by the State Council. Chapter II Copyright
Section 1 Copyright owners and their rights
Article 9 Copyright owners include: authors; Other citizens, legal persons or other organizations that enjoy copyright in accordance with this Law. Article 10 Copyright includes the following personal rights and property rights: the right of publication, that is, the right to decide whether a work is made public; The right of signature, that is, the right to show the identity of the author and sign his name on the work; The right to modify, that is, the right to modify or authorize others to modify works; The right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering; The right of reproduction means the right to make one or more copies of a work by means of printing, copying, rubbing, audio recording, video recording and reproduction; Distribution right, that is, the right to provide the original or copy of the work to the public by way of sale or gift; The right to rent, that is, the right to allow others to temporarily use film works, works created by methods similar to filming, and computer software, except that computer software is not the main object of rent; Exhibition right, that is, the right to publicly display the originals or copies of artistic works and photographic works; The right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work in various ways; The right to show, that is, the right to publicly copy art, photography, movies and works created by projector, slide projector and other technical equipment in a way similar to filming; Broadcasting right, that is, the right to publicly broadcast or disseminate works by wireless means, to disseminate broadcasting works to the public by wired or rebroadcast means, and to disseminate broadcasting works to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images; The right of information network communication, that is, the right to provide works to the public by wired or wireless means, so that the public can obtain works at the time and place they choose; The right to film, that is, the right to fix the work on the carrier by filming or similar methods; The right of adaptation, that is, the right to change works and create new works with originality; Translation right, that is, the right to convert a work from one language to another; The right to assemble, that is, the right to assemble a work or a fragment of a work into a new work through selection or arrangement; Other rights that should be enjoyed by the copyright owner. The copyright owner may license others to exercise the rights specified in Items (5) to (17) of the preceding paragraph and get remuneration in accordance with the agreement or the relevant provisions of this Law.
The copyright owner may assign all or part of the rights specified in Items (5) to (17) of the first paragraph of this article and get remuneration in accordance with the agreement or the relevant provisions of this Law.
Section 2 Ownership of Copyright
Article 11 Copyright belongs to the author, except as otherwise provided by this Law.
The citizen who creates a work is the author.
A work presided over by a legal person or other organization, created on behalf of a legal person or other organization, and in the charge of a legal person or other organization shall be regarded as the author.
If there is no proof to the contrary, the signed citizen, legal person or other organization shall be the author.
Article 12 The copyright of a work resulting from the adaptation, translation, annotation and arrangement of an existing work shall be enjoyed by the person who adapted, translated, annotated and arranged the work, but the exercise of copyright shall not infringe the copyright of the original work.
Article 13 The copyright of a work created jointly by two or more persons shall be shared by the co-authors. People who don't participate in the creation can't be co-authors.
Where a cooperative work can be used alone, the authors may enjoy the copyright of their respective parts, but the exercise of copyright shall not infringe upon the copyright of the cooperative work as a whole.
Article 14. The copyright of a work whose contents are originally selected or arranged for the purpose of compiling a number of works, fragments of works or materials that do not constitute a work shall be enjoyed by the assembler, but the exercise of copyright shall not infringe upon the copyright of the original work.
Article 15 The copyright of cinematographic works and works created by methods similar to cinematography shall be enjoyed by producers, but writers such as screenwriters, directors, photographers, lyricists and composers shall enjoy the right of authorship and receive remuneration according to the contracts signed with producers.
Authors of works that can be used independently, such as scripts and music, in cinematographic works and works created by methods similar to cinematography, have the right to exercise their copyright alone.
Article 16 A work created by a citizen in order to accomplish the tasks of a legal person or other organization is a job work. Except in the circumstances specified in the second paragraph of this article, the copyright belongs to the author, but the legal person or other organization has the right to give priority to the use within its business scope. Within two years after the completion of the work, the author shall not permit a third person to use the work in the same way as the work used by the unit without the consent of the unit.
In any of the following circumstances, the author shall enjoy the right of authorship, and other rights of copyright shall be enjoyed by legal persons or other organizations, which may reward the author: engineering design drawings, product design drawings, maps, computer software and other job works mainly created by using the material and technical conditions of legal persons or other organizations; A job work whose copyright is enjoyed by a legal person or other organization as stipulated by laws, administrative regulations or agreed in the contract. Seventeenth commissioned works's copyright ownership, agreed by the client and the trustee through the contract. If the contract is not clearly stipulated or concluded, the copyright belongs to the trustee.
Article 18 The transfer of the ownership of the original works of art and other works shall not be regarded as the transfer of the copyright of the works, but the right to display the original works of art shall be enjoyed by the original owners.
Article 19 If the copyright belongs to a citizen, after the death of the citizen, his rights specified in Items (5) to (17) of Paragraph 1 of Article 10 of this Law shall be transferred in accordance with the provisions of the Inheritance Law within the protection period specified in this Law.
If the copyright belongs to a legal person or other organization, after the legal person or other organization changes or terminates, the rights specified in Items (5) to (17) of the first paragraph of Article 10 of this Law shall be enjoyed by the legal person or other organization that undertakes its rights and obligations within the protection period specified in this Law; If there is no legal person or other organization that undertakes its rights and obligations, it shall be enjoyed by the state.
Section 3 Period of Protection of Rights
Article 20 The term of protection of an author's right of authorship, right of revision and right to protect the integrity of a work is unlimited.
Article 21 The protection period of citizens' right of publication and the rights stipulated in Item (5) to Item (17) of Paragraph 1 of Article 10 of this Law shall be the author's life and fifty years after his death, and shall end on 65438+February 3 1 day in the fiftieth year after his death; If it is a cooperative work, the deadline is 65438+February 3 1 50 years after the death of the last dead author.
The copyright (except the right of authorship) of the work of a legal person or other organization shall be enjoyed by the legal person or other organization, and the protection period of the right of publication and the rights stipulated in Items (5) to (17) of Article 10 of this Law shall be fifty years, ending at 65438+February 365438+ in the fiftieth year after the first publication of the work.
Section 4 Limitation of Rights
Article 22 Under any of the following circumstances, a work may be used without permission and remuneration from the copyright owner, provided that the author's name and the title of the work shall be clearly stated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed: to study, study or enjoy the use of published works by others for personal purposes; In order to introduce, comment on a work or explain a problem, appropriately quote other people's published works in the work; In order to report current affairs news, it is inevitable to reprint or quote published works in newspapers, periodicals, radio stations, television stations and other media; Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles involving political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the author declares that they are not allowed to publish or broadcast; Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that they are not allowed to publish or broadcast; Translating or reproducing a small number of published works for classroom teaching or scientific research in schools for use by teaching or scientific researchers, but not for public distribution; State organs use published works within the reasonable scope of performing official duties; Libraries, archives, memorial halls, museums, art galleries, etc. Reproduce the works collected by the library for the purpose of displaying or saving the version; Performing published works for free, without charging fees to the public or paying remuneration to performers; Copying, painting, photographing and video recording works of art set up or displayed in outdoor public places; Translating Chinese works published by China citizens, legal persons or other organizations into works written in minority languages for publication in China; Change the published works into Braille for publication. The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.
Article 23 When compiling and publishing textbooks for the implementation of the nine-year compulsory education and the national education plan, unless the author declares in advance that they are not allowed to be used, published pieces of works, short stories, musical works or single works of art and photography may be incorporated into the textbooks without the permission of the copyright owner, but remuneration shall be paid in accordance with the regulations. Marking the name of the author and the name of the work shall not infringe upon other rights enjoyed by the copyright owner in accordance with this Law.
The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations. Chapter III Contracts for Licensed Use and Transfer of Copyright
Article 24
A licensing contract shall be concluded with the copyright owner for the use of other people's works, except that no license is required in accordance with the provisions of this Law.
The licensing contract includes the following main contents: the types of licensed rights; The licensed right is the exclusive use right or the non-exclusive use right; The geographical scope and duration of the license; Payment standards and methods; Liability for breach of contract; Other contents that both parties think need to be agreed. Article 25
A written contract shall be concluded for the transfer of the rights in Items (5) to (17) of Paragraph 1 of Article 10 of this Law.
The right transfer contract includes the following main contents: the name of the work; The type and geographical scope of the right to transfer; Transfer price; The delivery date and method of the transfer price; Liability for breach of contract; Other contents that both parties think need to be agreed. Article 26
Where the copyright is pledged, the pledger and pledgee shall register the pledge with the copyright administrative department of the State Council.
Article 27
Without the consent of the copyright owner, the other party may not exercise the rights not explicitly approved or transferred by the copyright owner in the licensing contract and the transfer contract.
Article 28
The remuneration standard for the use of a work may be agreed by the parties concerned, or it may be paid according to the remuneration standard formulated by the copyright administrative department of the State Council jointly with relevant departments. If the agreement between the parties is not clear, the remuneration shall be paid according to the remuneration standard formulated by the copyright administrative department of the State Council jointly with relevant departments.
Article 29
Publishers, performers, producers of audio and video recordings, radio stations, television stations, etc. The use of another person's work in accordance with the relevant provisions of this Law shall not infringe upon the author's right of signature, modification, protection of the integrity of the work and remuneration. Chapter IV Publication, Performance, Audio Recording, Video Recording and Broadcasting
Section 1 Publication of Books, Newspapers and Periodicals
Article 30 A book publisher shall conclude a publishing contract with the copyright owner and pay the remuneration for publishing the book.
Article 31 The exclusive publishing right of a book publisher is protected by law according to the contract, and no one else may publish the work.
Article 32 The copyright owner shall deliver the work within the time limit stipulated in the contract. A book publisher shall publish books in accordance with the publication quality and time limit stipulated in the contract.
If a book publisher fails to publish within the time limit stipulated in the contract, he shall bear civil liability in accordance with the provisions of Article 54 of this Law.
If a book publisher reprints or republishes a work, it shall notify the copyright owner and pay remuneration. If the book publisher refuses to reprint or republish the book after it is out of stock, the copyright owner has the right to terminate the contract.
Article 33 If a copyright owner submits a manuscript to a newspaper or periodical agency and fails to receive a notice of publication from the newspaper or periodical agency within 15 days from the date of publication of the manuscript, he may submit the same work to another newspaper or periodical agency. Unless otherwise agreed by both parties.
After the publication of the work, other newspapers and periodicals may reprint it or publish it as abstracts and materials, except that the copyright owner declares that it is not allowed to reprint or extract it, and shall pay remuneration to the copyright owner in accordance with the regulations.
Article 34 A book publisher may modify or abridge a work with the permission of the author.
Newspapers and periodicals can modify or abridge their works in words. The modification of the content must be approved by the author.
Article 35 For the publication of a work resulting from adaptation, translation, annotation, collation and assembly of an existing work, the permission of the copyright owner of the adaptation, translation, annotation, collation and assembly of the work and the copyright owner of the original work shall be obtained, and remuneration shall be paid.
Article 36 Publishers have the right to license or prohibit others from using the layout design of books and periodicals published by them.
The term of protection of the rights specified in the preceding paragraph is ten years, ending on the 10 day after the first publication of the books and periodicals designed in this format.
Section 2 Performance
Thirty-seventh performers (actors or performing units) who use other people's works to perform shall obtain permission from the copyright owner and pay remuneration. Where a performance organizer organizes a performance, it shall obtain the permission of the copyright owner and pay remuneration.
To perform a performance by adapting, translating, annotating or collating a work from an existing work, the permission of the copyright owner of the adaptation, translation, annotation or collating work and the copyright owner of the original work shall be obtained, and remuneration shall be paid.
Article 38 A performer shall enjoy the following rights to his performance: to show that he is a performer; Protect the performance image from distortion; Permit others to broadcast their live performances publicly and get paid; License others to record and video, and get paid; Permit others to reproduce and distribute the audio-visual products of their performances and receive remuneration; Allow others to spread their performances to the public through the information network and get paid. Where a licensee uses a work in the manner specified in Items (3) to (6) of the preceding paragraph, it shall also obtain the permission of the copyright owner and pay remuneration.
Article 39 The term of protection of the rights in Items (1) and (2) of Paragraph 1 of Article 38 of this Law is not limited.
The term of protection of the rights specified in Item (3) to Item (6) of Paragraph 1 of Article 38 of this Law is fifty years, ending on 65438+February 3 1 day in the fiftieth year after the performance.
Section 3 Audio and Video Recording
Article 40 A producer of sound recordings and video recordings shall obtain the permission of the copyright owner and pay remuneration for using other people's works to produce sound recordings and video recordings.
Producers of audio and video recordings shall obtain permission from the copyright owner and the copyright owner of the original work and pay remuneration for the adaptation, translation, annotation and arrangement of existing works.
A producer of a sound recording may, without the permission of the copyright owner, use a musical work that has been legally recorded as a sound recording by others to make a sound recording, but shall pay remuneration in accordance with the provisions; If the copyright owner declares that it is not allowed to use it, it shall not be used.
Article 41 A producer of audio and video recordings shall conclude a contract with the performer and pay remuneration when making audio and video recordings.
Forty-second producers of audio and video recordings have the right to license others to copy, distribute, rent, spread to the public through information networks and receive remuneration for their audio and video products; The protection period of the right is fifty years, ending at 65438+February 3 1 day in the fiftieth year after the first production of the product.
The licensee shall also obtain the permission of the copyright owner and performer and pay remuneration for copying, distributing and disseminating audio-visual products to the public through the information network.
Section 4 Broadcasting by Radio and Television Stations
Article 43 A radio station or television station shall obtain permission from the copyright owner and pay remuneration for broadcasting unpublished works of others.
Radio and television stations may broadcast published works of others without the permission of the copyright owner, but they shall pay remuneration.
Article 44 A radio station or television station may broadcast a published sound recording without the permission of the copyright owner, but it shall pay remuneration. Unless otherwise agreed by the parties. Specific measures shall be formulated by the State Council.
Article 45 A radio station or television station has the right to prohibit the following acts without its permission: (1) rebroadcasting the radio and television it broadcasts; Recording radio and television on audio-visual carriers and copying audio-visual carriers. The term of protection of the rights specified in the preceding paragraph is fifty years, ending on 65438+February 3 1 day in the fiftieth year after the first broadcast of radio and television.
Article 46 A television station shall obtain the permission of the producer and video producer and pay remuneration for broadcasting other people's film works and works and video products created by methods similar to film production; Playing other people's video products shall also obtain the permission of the copyright owner and pay remuneration. Chapter V Legal Responsibility and Law Enforcement Measures
Article 47
Civil liability: publishing a work without the permission of the copyright owner; Publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author; Did not participate in the creation, in order to seek personal fame and fortune, signed on other people's works; Distorting or tampering with other people's works; Plagiarizing other people's works; Without the permission of the copyright owner, use the work by exhibition, shooting or similar shooting, or use the work by adaptation, translation, annotation, etc. Unless otherwise provided for in this law; Using another person's work without payment; Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of a cinematographic work or a work created by a method similar to cinematography, except as otherwise provided for in this Law; Using the layout design of books and periodicals published by publishers without the permission of publishers; Live broadcast or public transmission of a live performance or recording of a performance without the permission of the performer; Other acts of infringement of copyright and rights and interests related to copyright. Article 48
In case of any of the following infringements, it shall bear civil liabilities such as stopping the infringement, eliminating the influence, apologizing and compensating for the losses according to the circumstances; At the same time, if the public interest is harmed, the copyright administrative department may order it to stop the infringement, confiscate the illegal income, confiscate and destroy the infringing copy, and may also impose a fine; If the circumstances are serious, the copyright administrative department may also confiscate the materials, tools and equipment mainly used for making infringing copies; If the case constitutes a crime, criminal responsibility shall be investigated according to law: those who copy, distribute, perform, show, play, assemble or disseminate their works to the public through information networks without the permission of the copyright owner, unless otherwise provided for in this Law; Publishing books with exclusive publishing rights enjoyed by others; Reproduction and distribution of audio and video products of their performances without the permission of performers, or dissemination of their performances to the public through information networks, unless otherwise provided for in this Law; Reproduction, distribution and dissemination of audio and video products made by the producers of audio and video recordings to the public through information networks without the permission of the producers, except as otherwise provided for in this Law; Broadcasting or reproducing radio and television without permission, except as otherwise provided for in this Law; Without the permission of the copyright owner or the copyright-related obligee, deliberately avoiding or destroying the technical measures taken by the obligee to protect the copyright of his works, audio-visual products and other copyright-related rights. Except as otherwise provided by laws and administrative regulations; Deliberately deleting or changing electronic information on rights management such as works and audio-visual products without the permission of the copyright owner or copyright-related obligee. Except as otherwise provided by laws and administrative regulations; Making or selling works with fake signatures of others. Article 49
If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual losses of the obligee; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.
If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.
Article 50
If the copyright owner or copyright-related obligee has evidence to prove that others are committing or about to commit acts infringing their rights, and their legitimate rights and interests will be irretrievably damaged if they are not stopped in time, they may apply to the people's court for measures to order them to stop the relevant acts and preserve their property before bringing a lawsuit.
The people's court shall apply the provisions of Articles 93 to 96 and 99 of the Civil Procedure Law of People's Republic of China (PRC) in handling the application mentioned in the preceding paragraph.
Article 51
In order to stop the infringement, the copyright owner or copyright-related obligee may apply to the people's court for evidence preservation before prosecution, if the evidence may be lost or difficult to obtain later.
After accepting the application, the people's court must make a ruling within 48 hours; Those ordered to take protective measures shall be executed immediately.
The people's court may order the applicant to provide a guarantee. If the applicant cannot provide a guarantee, the application shall be rejected.
If the applicant does not bring a suit within 15 days after the people's court takes the protective measures, the people's court shall lift the protective measures.
Article 52
When trying a case, the people's court may confiscate the illegal income, infringing copies and property involved in illegal activities if copyright or copyright-related rights are infringed.
Article 53
Publishers and producers of reproductions cannot prove that their publication and production are legally authorized, and publishers and lessors of reproductions of cinematographic works or works created by methods similar to cinematography, computer software and audio-visual products cannot prove that their published or rented reproductions have legal sources, so they shall bear legal responsibilities.
Article 54
If one party fails to perform its contractual obligations or does not meet the agreed conditions, it shall bear civil liability in accordance with the General Principles of the Civil Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC) and other relevant laws and regulations.
Article 55
Copyright disputes can be mediated, or they can apply to an arbitration institution for arbitration according to the written arbitration agreement reached by the parties or the arbitration clause in the copyright contract.
If the parties have no written arbitration agreement or no arbitration clause in the copyright contract, they may directly bring a suit in a people's court.
Article 56
If a party refuses to accept the administrative punishment, he may bring a lawsuit to the people's court within three months from the date of receiving the decision on administrative punishment. If neither prosecution nor performance is made within the time limit, the copyright administrative department may apply to the people's court for compulsory execution. Chapter VI Supplementary Provisions
Article 57
Copyright as mentioned in this Law refers to copyright.
Article 58
Publication as mentioned in Article 2 of this Law refers to the reproduction and distribution of works.
Article 59
Measures for the protection of computer software and information network communication rights shall be formulated separately by the State Council.
Article 60
The rights of copyright owners, publishers, performers, producers of audio and video recordings, radio stations and television stations as stipulated in this Law shall be protected in accordance with this Law if the protection period stipulated in this Law has not expired on the date of implementation of this Law.
Infringement or breach of contract that occurred before the implementation of this Law shall be handled in accordance with the relevant laws and regulations and policies at the time when the infringement or breach of contract occurred.
Article 61
This Law shall come into force as of June 199 1.