(Promulgated on 2 August 2002 and entering into force on 15 September 2002)
Article 1. These Implementing Regulations (hereinafter referred to as these Regulations) are formulated pursuant to the Copyright Law of the People Republic of China (hereinafter referred to as the Copyright Law).
Article 2. The term works used in the Copyright Law shall mean original intellectual creations in the literary, artistic and scientific domain, insofar as they are capable of being reproduced in a certain tangible form.
Article 3. The term creation mentioned in the Copyright Law shall mean intellectual activities from which literary, artistic and scientific works are directly derived.
The provision of administrative support, consultations, material means or other supporting services for others in their creative activities shall not be deemed as acts of creation.
Article 4. The works as mentioned in the Copyright Law and these Regulations shall mean the following:
(1) written works are works expressed in written form, such as novels, poems, essays and theses;
(2) oral works are works which are created in spoken words, such as impromptu speeches, lectures and court debates;
(3) musical works are such works as songs and symphonic works, with or without accompanying words, which can be sung or performed;
(4) dramatic works are such works as dramas, operas and local art forms which are used for stage performance;
(5) works include such works as(cross talk), (clapper talk), (ballad singing with drum accompaniment) and (story-telling based on classical novels), which are all used mainly for being performed in a way involving recitation, singing or both;
(6) choreographic works are works which express ideas and emotions through successive body movements, gestures and facial movements and expressions;
(7) works of acrobatic art are acrobatic, magic and circus works, which are, or can be, expressed in body movements and artistry.
(8) works of fine art are two-dimensional or three-dimensional works created in lines, colours or other media which, when being viewed, impart aesthetic effect, such as works of painting, calligraphy and sculpture;
(9) architectural works are aesthetic works, which are, and can be, expressed in architectural or constructional form;
(10) photographic works are artistic works created by recording images of existing things of people on light-sensitive materials or other media with the aid of devices;
(11) cinematographic works and works created by virtue of analogous methods of film production are works which are recorded on some medium consisting of a series of images, with or without accompanying sounds, and which can be projected with the aid of suitable devices or communicated by other means;
(12) graphic works are drawings of engineering designs and product deigns for the purpose of actual construction or manufacture, and maps and sketches showing geographic phenomena and demonstrating the fundamentals or structure of a thing or an object;
(13) model works are three-dimensional works made according to the shape and structure, and in a certain scale, of an object for the purpose of exhibition, experimentation, observation or measurement.
Article 5. The terms as mentioned in the Copyright Law and in these Regulations shall mean the following:
(1) news on current events refers to the mere facts or happenings reported by the mass media, such as newspapers, periodicals and radio and television stations;
(2) sound recordings refer to the recordation of any sounds of performance and other sounds;
(3) video recordings refer to the recordation of a series of related images, with or without accompanying sounds, other than cinematographic works or works created by virtue of analogous methods of film production;
(4) producer of a sound recording refers to the first person who makes the sound recordings;
(5) producer of a video recording refers to the first person who makes the video recordings;
(6) performer refers to an actor, performing organization or any other person who performs literary and artistic works.
Article 6. Copyright shall be generated on the date when the creation of a work is completed.
Article 7. Copyright in the works of foreigners or stateless persons first published in the territory of China as provided for in Article 2, paragraph three, of the Copyright Law shall be under the protection beginning on the date of publication.
Article 8. Where works of foreigners or stateless persons first published outside the territory of China and published in the territory of China within thirty days, the works shall be deemed to have been simultaneously published in the territory of China.
Article 9. Where a jointly created work can not be used separately, the copyright shall be jointly enjoyed by, and exercised through consultation among, the co-authors. Where they fail to reach an agreement, nor do they have justified reasons for the failure, any party should not hinder any of the other parties from exercising all the rights, except the right of assignment. However, the income made shall be fairly distributed between or among the co-authors.
Article 10. Where the copyright owner has authorized others to make cinematographic works and works created by virtue of analogous methods of film production, it is deemed that he has permitted them to make necessary alteration of his works, insofar as such alteration does not distort or mutilate the original work.
Article 11. The assigned tasks in the provision of Article 16, paragraph one of the Copyright Law, which relates to works created in the course of employment, shall refer to duties which citizens should perform in the legal entity or organization.
The material and technical resources used for the creation of works in the course of employment in the provision of Article 16, paragraph two of the Copyright Law refer to fund, equipment or reference material which the legal entity or organization has provided the citizens to accomplish the creation.
Article 12. During the two years after the completion of a work created in the course of employment, the author, with the consent of the legal entity or organization, authorizes a third party to exploit the work in the same way as the legal entity and receives remuneration, the remuneration shall be distributed between the author and the entity or organization at an agreed ratio.
The time limit of two years after the completion of the creation of a work shall be calculated from the date on which the author thereof delivers the work to the entity.
Article 13. In the case of a work of an unknown author, the copyright, except the right of authorship, shall be exercised by the owner of the original of the work. Where the author has been identified, the copyright shall be exercised by the author or his heir in title.
Article 14. In the case where one of the co-authors of a work of joint authorship dies without heir in title or other behested beneficiary of the rights owned by him according to Article 10, paragraph one (5~17), of the Copyright Law, the rights shall be exercised by the other co-authors.
Article 15. The right of authorship, the right of revision and the right of integrity shall, after the death of the author, be protected by the heir in title and other behested beneficiary.
In the absence of an heir in title or other behested beneficiary, the right of authorship, the right of revision and the right of integrity shall be protected by the copyright administrative departments.
Article 16. The exploitation of works the copyright of which is owned by the State shall be administered by the copyright administrative department under the State Council.
Article 17. In the case of posthumous works, the right of publication may be exercised by the author heir in title or other behested beneficiary within a period of fifty years after the death of the author, unless the author had expressly stated otherwise. In the absence of an heir in title or other behested beneficiary, the said right shall be exercised by the owner of the original of the work.
Article 18. In the case of a work of an unknown author, the term of protection in relation to the rights provided for in Article 10, paragraph one (5~17), of the Copyright Law, shall be fifty years ending on December 31 of the fiftieth year after the first publication of the work. Article 21 of the Copyright Law shall be applicable after the author of the work has been identified.
Article 19. Any person who exploits a work created by another person shall indicate the name of the author and title of the work, except otherwise agreed between interested parties or otherwise impossible to do so due to the special characteristic of the way the work is exploited.
Article 20. A published work as mentioned in the Copyright Law refers to a work which has been made available to the public by the copyright owner himself or by authorization.
Article 21. Where any person exploits, according to the relevant provisions of the Copyright Law, a published work that may be exploited without the authorization of the copyright owner, he shall not affect the normal exploitation of the work, nor unreasonably prejudice the legitimate interests of the copyright owner.
Article 22. The standard of remuneration for exploitation of works under Article 23, Article 33, paragraph two, and Article 40, paragraph three, of the Copyright Law shall be formulated and published by the copyright administrative department under the State Council in conjunction with the competent price administrative department under the State Council.
Article 23. Licensing contracts shall be concluded with copyright owners when exploiting works of other persons. Where the right licensed is an exclusive licensing right, the contracts shall be made in writing, except in cases where works are to be published by newspapers and periodicals.
Article 24. The contents of the exclusive licensing right provided for in Article 24 of the Copyright Law shall be agreed in contract. Where no such contractual agreement is made or the agreement is not clear, it shall be deemed that the licensee has the right to exclude any other person, including the copyright owner, to exploit the work in the same way. Except otherwise agreed, a licensee who licenses a third party to exercise the same right must be authorised by the copyright owner.
Article 25. Any person, who concludes an exclusive licensing contract or assignment contract with a copyright owner, may submit, for filing, the contractual documents to the copyright administrative department.
Article 26. Rights and interests related to copyright, as mentioned in the Copyright Law and these Regulations, mean the right enjoyed by publishers in the layout design of their publications, the right enjoyed by performers in their performances, the right enjoyed by producers of audio and video recordings in their products and the right enjoyed by radio and television stations in their broadcasts.
Article 27. Publishers, performers, producers of audio and video recordings and radio and television stations, in the course of exercising their rights, shall not prejudice the rights of the copyright owners of the works being used and of the original works.
Article 28. Where it is agreed in a book publishing contract that the publisher enjoys the exclusive publishing right, but the contents of the right is not clearly defined, it shall be deemed that the publisher enjoys the exclusive right to publish in the same language of the original edition or revised edition of the book within the term of validity of the contract and in the geographic area agreed under the contract.
Article 29. The state of being out of print in relation to a work mentioned in Article 32 of the Copyright Law shall be established where two orders sent by the author to the publisher, are not fulfilled within six months.
Article 30. To declare that the reprinting of his work in whole or in part is not permitted pursuant to Article 33, paragraph two, of the Copyright Law, the copyright owner shall make a statement to that effect at the same time when the work is first published in a newspaper or a periodical.
Article 31. To declare that the producing of sound recording products of his work is not permitted pursuant to Article 40, paragraph three, of the Copyright Law, the copyright owner shall make a statement to this effect at the same time when the sound-recording products of the work are legitimately produced.
Article 32. Any person who exploits a work of another person according to the provisions of Article 23, Article 33, paragraph two, and Article 40, paragraph three, of the Copyright Law shall pay remuneration to the copyright owner within two months from the date of exploitation of the work.
Article 33. Performance by foreign or stateless performers in the territory of China shall be protected by the Copyright Law.
The right enjoyed by foreign or stateless performers in their performance pursuant to the international treaties to which China has acceded shall be protected by the Copyright Law.
Article 34. Audio and video recordings produced and distributed in the territory of China by foreign or stateless producers shall be protected by the Copyright Law.
The right enjoyed by foreign or stateless producers in their audio and video recordings produced and distributed in the territory of China shall be protected by the Copyright Law.
Article 35. The right enjoyed by foreign radio and television organizations in their broadcasts pursuant to the international treaties to which China has acceded shall be protected by the Copyright Law.
Article 36. In respect of infringement of copyright, with injury to the social and public interests, as enumerated in Article 48 of the Copyright Law, the copyright administrative departments may impose a fine not exceeding three times the amount of illegal business turnover. Where it is difficult to calculate the amount of illegal business turnover, it may impose a fine of no more than RMB 100,000 yuan.
Article 37. The copyright administrative departments under the local governments shall be responsible for investigating and handling infringements of copyright, with injury to the social and public interests, as enumerated in Article 48 of the Copyright Law.
The copyright administrative department under the State Council may investigate and handle copyright infringements that are of nationwide influence.
Article 38. These Implementing Regulations shall enter into force on 15 September 2002. The Implementing Regulations of the Copyright Law of the People Republic of China as approved by the State Council on 24 May 1991 and promulgated by the National Copyright Administration on 30 May 1991 shall be simultaneously abrogated.
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