What is the difference between adaptation and modification in copyright?

Copyright adaptation and modification The right to adapt refers to the right to change the form of expression of the work without changing the basic ideological content of the work. Adaptation is based on the original work and should contain the content of the original work but with certain There are two forms of adaptation that we have innovated: ETF consulting 1. Changing the expression form of the work, changing the work from one form to another, such as adapting a novel into a TV script; 2. In order to meet the needs of a certain medium, adapting the work in different forms Rewrite when the type of work changes, such as adapting an academic work into a popular science book. Adopted at the 24th Session of the Standing Committee of the National People’s Congress) The 24th Session of the Standing Committee of the Ninth National People’s Congress decided to make the following amendments to the Copyright Law of the People’s Republic of China: 1. Amendment to Article 2 It is: "The works of Chinese citizens, legal persons or other organizations, whether published or not, enjoy copyright in accordance with this law. "The works of foreigners and stateless persons shall be based on the agreement signed between the author's country or the country of habitual residence and China or ** *Copyrights enjoyed by international treaties to which it is a party are protected by this law. "The works of foreigners and stateless persons who are first published in China shall enjoy copyright in accordance with this law." The works of authors from countries that have not signed an agreement with China or have not signed international treaties together with China and stateless persons are published in China for the first time. Published by a member state of an international treaty, or published simultaneously in a member state and a non-member state, shall be protected by this law. " 2. Article 3 is revised to read: "The works referred to in this Law include works of literature, art, natural sciences, social sciences, engineering technology, etc. created in the following forms: "(1) Written works; "(2) Oral writings Works; "(3) Art works of music, drama, folk art, dance, and acrobatics; "(4) Fine arts and architectural works; "(5) Photographic works; "(6) Film works and works created using methods similar to filmmaking ; "(7) Graphic works and model works such as engineering design drawings, product design drawings, maps, schematic diagrams; "(8) Computer software; (9) Other works stipulated in laws and administrative regulations." 3. Article 5 Item (3) is revised to read: "(3) Calendars, general tables of numbers, general tables and formulas." 4. Delete Article 7. 5. Add one article as Article 8: "Copyrights 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 use its own name to Persons and copyright-related rights holders can assert their rights and may act as parties in litigation and arbitration activities involving copyright or copyright-related rights. The collection and distribution of fees, as well as their supervision and management, shall be separately stipulated by the State Council. " 6. Article 9 is revised to read: "Copyright holders include: "(1) Authors; "(2) Other citizens, legal persons or other organizations that enjoy copyright in accordance with this law.

" 7. Article 10 is revised to read: "Copyright includes the following personal rights and property rights: "(1) The right of publication, that is, the right to decide whether a work will be made public; "(2) The right of signature, that is, the right to indicate the identity of the author and sign his name on the work ; "(3) The right of modification, that is, the right to modify or authorize others to modify the work; "(4) The right to protect the integrity of the work, that is, the right to protect the work from distortion or tampering; "(5) The right of reproduction, that is, the right to print, copy The right to make one or more copies of a work by means of printing, rubbing, recording, video recording, dubbing, or photocopying; "(6) Distribution right, that is, the right to provide the original or copies of a work to the public by selling or donating it; " (7) Rental rights, that is, the right to permit others to temporarily use film works and works created by methods similar to filmmaking, and computer software for a fee, except that computer software is not the main subject of the lease; "(8) Exhibition rights, that is, public display The right to originals or copies of fine arts and photographic works; “(9) Performance rights, that is, the right to publicly perform works, and the right to publicly broadcast works by various means; “(10) Screening rights, that is, through projectors and slide projectors The right to publicly reproduce fine arts, photography, movies, and works created by methods similar to filmmaking using technical equipment such as the following: “(11) Broadcasting rights, that is, the right to publicly broadcast or disseminate works by wireless means, and by wired dissemination or rebroadcasting to The right to disseminate broadcast works to the public, as well as the right to disseminate broadcast works to the public through loudspeakers or other similar tools that transmit symbols, sounds, and images; Works, which enable the public to obtain the work at a time and place of their own choosing; "(13) Filming rights, that is, the right to fix the work on a carrier by making a movie or by a method similar to making a movie; "(10) 4) The right of adaptation, that is, the right to change the work and create a new original work; "(15) The right of translation, that is, the right to convert the work from one language to another language; "(16) The right of compilation refers to the right to assemble works or fragments of works into new works through selection or arrangement; "(17) Other rights that should be enjoyed by the copyright owner. "The copyright owner may permit others to exercise items from items (5) to the preceding paragraph. The rights specified in Item (17) and receive remuneration in accordance with the agreement or the relevant provisions of this Law. "The copyright owner may transfer all or part of the rights specified in items (5) to (17) of paragraph 1 of this article, and receive remuneration in accordance with the agreement or the relevant provisions of this law." 8. Article 11 is revised to: " Copyright belongs to the author, except as otherwise provided in this law. “The citizen who creates the work is the author. "For works hosted by a legal person or other organization, created on behalf of the will of a legal person or other organization, and for which the legal person or other organization assumes responsibility, the legal person or other organization shall be regarded as the author. "In the absence of proof to the contrary, the citizen, legal person or other person who signed the work shall Other organizations are authors. 9. Article 14 is revised to read: "A work that compiles several works, fragments of works, or data or other materials that do not constitute a work, and the selection or arrangement of its contents reflects originality, is a compilation work, and its copyright belongs to the compiler." Enjoy, but when exercising copyright, the copyright of the original work must not be infringed. ” 10. Article 15 is revised to read: “The copyright of film works and works created by methods similar to filmmaking is enjoyed by the producers, but authors such as screenwriters, directors, photographers, lyrics, and composers have the right to authorize and have the right to Get paid according to your contract with the producer. "The authors of scripts, music and other works that can be used independently in film works and works created by methods similar to filmmaking have the right to exercise their copyright alone." 11. Article 16 is revised to read: "Citizens who complete legal persons or Works created by other organizations for work tasks are professional works. Except for the provisions of paragraph 2 of this article, the copyright belongs to the author, but legal persons or other organizations have the right to prioritize the use of the work within the scope of their business within two years without the consent of the unit. , the author shall not permit a third party to use the work in the same manner as the unit uses it. "For a work for professional use under any of the following circumstances, the author shall enjoy the right of authorship, and other rights of the copyright shall be enjoyed by the legal person or other organization, and the legal person or other organization may grant the work. Author awards: "(1) Works of employment such as engineering design drawings, product design drawings, maps, computer software, etc. that are mainly created using the material and technical conditions of a legal person or other organization and for which the legal person or other organization is responsible; "(2) Legal , Administrative regulations stipulate or the contract stipulates that the copyright is enjoyed by legal persons or other organizations. ” 12. Article 19 is revised to read: “If the copyright belongs to a citizen, after the death of the citizen, his rights stipulated in Items (5) to (17) of Paragraph 1 of Article 10 of this Law shall not be stipulated in this Law. During the protection period, it shall be transferred in accordance with the provisions of the inheritance law. “If the copyright belongs to a legal person or other organization, after the legal person or other organization is changed or terminated, its rights stipulated in Items (5) to (17) of Article 10, Paragraph 1 of this Law shall remain within the protection period stipulated in this Law. , is enjoyed by the legal person or other organization that assumes its rights and obligations; if there is no legal person or other organization that assumes its rights and obligations, it is enjoyed by the state.

” 13. Article 21 is revised to read: “For citizens’ works, the right to publish and the rights stipulated in Items (5) to (17) of Article 10, Paragraph 1 of this Law shall be protected for the lifetime of the author. and fifty years after the death of the author, ending on December 31 of the fiftieth year after the death of the author; if it is a joint work, ending on December 31 of the fiftieth year after the death of the last author. “Works and copyrights (excluding the right of authorship) of legal persons or other organizations are enjoyed by legal persons or other organizations. The protection period of the right is fifty years, ending on December 31, the fiftieth year after the work was first published. However, if the work has not been published within fifty years after its creation, this law will no longer protect "film works and similar works." For works created using filmmaking methods and photographic works, the right to publish and the rights stipulated in Items (5) to (17) of Article 10, Paragraph 1 of this Law shall be protected for a period of fifty years, ending when the work is first released. December 31, the fiftieth year after publication, but if the work has not been published within fifty years from the completion of creation, this law will no longer protect it. ” 14. Article 22 is revised to read: “Under the following circumstances, works may be used without the permission of the copyright owner and without payment of remuneration to the copyright owner, but the name of the author and the title of the work shall be specified, and the rights of the copyright owner in accordance with this Law shall not be infringed. Other rights enjoyed: “(1) To use other people’s published works for personal study, research or appreciation; “(2) To introduce, comment on a certain work or explain a certain issue, appropriately quote other people’s published works in the work Works; "(3) In order to report current affairs news, published works are inevitably reproduced or quoted in newspapers, periodicals, radio stations, television stations and other media; "(4) Newspapers, periodicals, radio stations, television stations and other media publish or Play current articles on political, economic, and religious issues that have been published by other newspapers, periodicals, radio stations, television stations, etc., unless the author declares that they are not allowed to be published or broadcast; "(5) Newspapers, periodicals, radio stations, television stations, etc. The media publishes or broadcasts speeches delivered at public gatherings, except where the author declares that they are not allowed to be published or broadcast; "(6) For school classroom teaching or scientific research, translate or copy a small amount of published works for use by teaching or scientific researchers, However, they are not allowed to be published or distributed; “(7) State agencies may use published works within a reasonable scope for the purpose of performing official duties; “(8) Libraries, archives, memorial halls, museums, art galleries, etc. may make copies for the purpose of displaying or preserving editions. Works collected by this museum; "(9) Free performances of published works, the performance does not charge fees to the public, and no remuneration is paid to the performers; "(10) Art set up or displayed in outdoor public places Copying, painting, photography, and video of the works; “(11) Translating works created in Chinese language and written by Chinese citizens, legal persons, or other organizations into ethnic minority languages ??for domestic publication and distribution; “(12) Convert already published works into Braille for publication. “The provisions of the preceding paragraph shall apply to the restrictions on the rights of publishers, performers, audio and video producers, radio stations, and television stations.” 15. Add an article as Article 23: “In order to implement the nine-year compulsory education and When compiling and publishing textbooks for the purpose of national education planning, unless the author declares in advance that no use is allowed, fragments of published works or short written works, musical works, or single-frame art works or photographic works may be compiled in the textbook without the permission of the copyright owner. , but the remuneration must be paid in accordance with regulations, the name of the author and the title of the work shall be specified, and the other rights enjoyed by the copyright owner in accordance with this law shall not be infringed. "The provisions of the preceding paragraph shall apply to publishers, performers, producers of audio and video recordings, radio stations, and television stations. limitations of rights. ” 16. Article 23 is merged with Article 24 and becomes Article 24, and is modified to read: “Using other people’s works shall conclude a licensing contract with the copyright holder, except where permission is not required as stipulated in this Law. “The licensing contract includes the following main contents: “(1) Type of licensed rights; (2) The licensed rights are exclusive or non-exclusive rights; (3) The geographical scope and period of licensed use ; "(4) Payment standards and methods; "(5) Liability for breach of contract; "(6) Other contents deemed necessary by both parties." 17. Add one article as Article 25: "Transfer of Article 10 of this Law For the rights specified in Items (5) to (17) of Paragraph 1 of Article 1, a written contract shall be entered into. "The rights transfer contract shall include the following main contents: "(1) The title of the work; (2) The type of rights to be transferred. , geographical scope; "(3) Transfer price; "(4) Date and method of delivering the transfer price; "(5) Liability for breach of contract; "(6) Other contents that both parties deem necessary to agree upon. ” 18. Article 25 is changed to Article 26, and is revised to read: “The rights not expressly permitted or transferred by the copyright owner in the license contract and transfer contract may not be exercised by the other party without the consent of the copyright owner. ” 19. Delete Article 26. 20. Article 27 is revised to read: “The standard of remuneration for the use of works may be agreed upon by the parties, or may be in accordance with the remuneration standards formulated by the Copyright Administration Department of the State Council in conjunction with relevant departments. Standard pay remuneration.

If the agreement between the parties is unclear, remuneration shall be paid in accordance with the remuneration standards formulated by the copyright administrative department of the State Council in conjunction with relevant departments. " 21. Article 28 is revised to read: "Publishers, performers, audio and video producers, radio stations, television stations, etc. who use other people's works in accordance with the relevant provisions of this law shall not infringe the author's right of signature, right of modification, Protect the integrity of your work and the right to be remunerated. " 22. Article 30 is revised to read: "The exclusive publishing rights enjoyed by book publishers in accordance with the contract for works delivered for publication by the copyright owner are protected by law, and others are not allowed to publish the works. " 23. Article 31 is revised to read: "The copyright owner shall deliver the work within the time limit stipulated in the contract. Book publishers shall publish books in accordance with the publishing quality and time limit stipulated in the contract. "A book publisher who fails to publish within the time limit stipulated in the contract shall bear civil liability in accordance with the provisions of Article 53 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. " 24. Paragraph 1 of Article 32 is revised to read: "If the copyright owner submits a manuscript to a newspaper or periodical publisher and does not receive a notice from the newspaper publisher within fifteen days from the date of the manuscript's issuance of the decision to publish it, or after the manuscript is sent out, If you do not receive a notice from the periodical publisher within thirty days from the date of publication, you may submit the same work to other newspapers or periodical publishers. Unless otherwise agreed by both parties. " 25. Paragraph 2 of Article 33 is revised to read: "Newspapers and periodicals may make textual modifications or deletions to works. Modifications of content must be approved by the author. " 26. Article 34 is revised to read: "To publish works resulting from the adaptation, translation, annotation, arrangement, or compilation of existing works, the copyright owner of the adapted, translated, annotated, arrangement, or compilation work and the original work must be obtained permission from the copyright holder and payment of remuneration. " 27. Add one article as Article 35: "Publishers have the right to permit or prohibit others from using the layout designs of the books and periodicals they publish. "The protection period of the rights stipulated in the preceding paragraph is ten years, ending on December 31 of the tenth year after the books or periodicals using the layout design are first published." Article 28. Article 35 is changed to Article 30 Article 6 is revised to read: "To perform using other people's works, the performer (actor, performance unit) shall obtain the permission of the copyright owner and pay remuneration. When the performance organizer organizes the performance, the organizer shall obtain the permission of the copyright owner and pay remuneration. " To perform performances using works resulting from the adaptation, translation, annotation, and arrangement of existing works, the permission of the copyright owner of the adapted, translated, annotated, or arranged work and the copyright owner of the original work must be obtained, and remuneration must be paid. " 29. Article 36 is changed to Article 37, revised to read: "Performers have the following rights regarding their performances: "(1) To indicate the identity of the performer; "(2) To protect the image of the performance from distortion ; "(3) Allow others to broadcast and publicly transmit their live performances, and receive remuneration; "(4) Allow others to make audio and video recordings, and receive remuneration; "(5) Allow others to copy and distribute audio and video recordings of their performances "(6) Allow others to disseminate their performances to the public through information networks and receive remuneration. "The licensee who uses the work in the manner specified in items (3) to (6) of the previous paragraph shall also obtain permission from the copyright owner and pay remuneration." 30. Add one article as Article 38: "This article The protection period of the rights stipulated in Items (1) and (2) of Paragraph 1 of Article 37 of the Law is not limited. “Items (3) to (6) of Paragraph 1 of Article 37 of this Law are not limited. ) The protection period of the rights stipulated in item ) is fifty years, ending on December 31 of the fiftieth year after the performance. " 31. Article 37 is changed to Article 39, and is revised to read: "Producers of audio and video recordings that use other people's works to produce audio and video recordings must obtain permission from the copyright holder and pay remuneration. "Producers of audio and video recordings that use works resulting from the adaptation, translation, annotation, and arrangement of existing works must obtain permission from the copyright owners of the adaptation, translation, annotation, and arrangement of the works and the copyright holders of the original works, and pay remuneration. "Usage by sound recording producers Musical works that have been legally recorded as phonorecords by others may be produced into phonorecords without the permission of the copyright owner, but remuneration must be paid in accordance with regulations; any use that the copyright owner declares prohibits use shall not be allowed. " 32. Article 39 is changed to Article 41, and is revised to read: "Producers of audio and video recordings have the right to license others to copy, distribute, rent, disseminate to the public through information networks and The right to receive remuneration; the right is protected for a period of fifty years, ending on December 31 of the fiftieth year after the product was first made. "A licensee who reproduces, distributes or disseminates audio and video recordings to the public through information networks shall also obtain permission from the copyright holder and performer and pay remuneration." 33. Article 40 is changed to Article 42, revised It is: "Radio stations and television stations that broadcast other people's unpublished works must obtain permission from the copyright owner and pay remuneration. "Radio stations and television stations may play other people's published works without the permission of the copyright owner, but must pay remuneration. " 34. Delete Article 41. 35. Article 43 is revised to read: "Radio stations and television stations may play published sound recordings without the permission of the copyright owner, but remuneration must be paid. Unless otherwise agreed by the parties.

Specific measures shall be prescribed by the State Council. " 36. Article 42 is changed to Article 44, and is revised to read: "Radio stations and television stations have the right to prohibit the following acts without their permission: "(1) Rebroadcasting of radio or television broadcasts; “(2) Record the radio and television broadcasts on audio and video carriers and copy the audio and video carriers. "The protection period of the rights stipulated in the preceding paragraph is fifty years, ending on December 31 of the fiftieth year after the first broadcast of the radio or television." 37. Article 44 is changed to Article 45 , revised to: "TV stations that play other people's film works and works and video products created using similar methods of filmmaking must obtain the permission of the producer or video producer and pay remuneration; when playing other people's video products, they must also obtain the copyright 38. The title of Chapter 5 is changed to “Legal Responsibilities and Law Enforcement Measures”. 39. Article 45 is changed to Article 46, and is revised to read: "Those who commit the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses: "(1) ) Publish his or her work without the permission of the copyright owner; "(2) Publish a work created in collaboration with others as a work created alone without the permission of the co-author; "(3) Without participating in the creation, for the purpose of seeking personal gain Fame and fortune, signing on other people's works; "(4) Distorting or tampering with other people's works; "(5) Plagiarizing other people's works; "(6) Exhibiting, making movies, or using similar means to make movies without the permission of the copyright owner Use the work in other ways, or use the work in the form of adaptation, translation, annotation, etc., unless otherwise provided for in this law; "(7) Remuneration should be paid for the use of other people's works but has not been paid; "(8) Without the use of film works and The copyright holder of a work, computer software, or audio and video products created using a method similar to that of filmmaking or the copyright-related right holder permits the leasing of the work or audio and video products, except as otherwise provided for in this law; "(9) Failure to do so Using the layout design of books and periodicals published by the publisher with the permission of the publisher; "(10) Broadcasting or publicly transmitting the live performance, or recording the performance without the permission of the performer; "(11) Other infringements Copyright and copyright-related rights and interests. " 40. Article 46 is changed to Article 47, and revised to read: "Those who commit the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses; at the same time, they shall damage the public If the interests are violated, the copyright administrative department may order the infringement to cease, confiscate the illegal gains, confiscate and destroy the infringing copies, and impose a fine; in serious cases, the copyright administrative department may also confiscate the infringing copies mainly used for making the infringing copies. materials, tools, equipment, etc. that constitute a crime; if a crime is constituted, criminal liability shall be pursued in accordance with the law: “(1) Anyone who reproduces, distributes, performs, screens, broadcasts, compiles, or disseminates his works to the public through information networks without the permission of the copyright owner shall Except as otherwise provided for in this law; "(2) Publishing books for which others have the exclusive right to publish; "(3) Copying and distributing audio and video recordings of their performances without the permission of the performers, or transmitting them to others through information networks The public dissemination of his or her performance shall be subject to the provisions otherwise provided in this Law; Except; "(5) Broadcasting or copying radio or television without permission, except as otherwise provided in this Law; "(6) Deliberately avoiding or destroying the rights of the copyright owner without the permission of the copyright owner or copyright-related rights holder. Technical measures taken to protect copyright or copyright-related rights in his works, audio and video products, etc., unless otherwise provided by laws and administrative regulations; Deleting or changing the electronic rights management information of works, audio and video products, etc., unless otherwise provided by laws and administrative regulations; "(8) Producing and selling works that counterfeit the signature of others. " 41. One article is added as Article 48: "In case of infringement of copyright or copyright-related rights, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may compensate according to the infringer's illegal act. Proceeds will be compensated. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. "If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the People's Court shall, based on the circumstances of the infringement, award a compensation of not more than 500,000 yuan." 42. Add one article as Article 49: “If a copyright owner or a copyright-related right holder has evidence proving that others are committing or about to commit acts that infringe upon their rights, and if they are not stopped in time, their legitimate rights and interests will be irreparably damaged, they may apply to the People’s Court before filing a lawsuit. Take measures to order the cessation of relevant activities and property preservation. “When the people’s court handles the application in the preceding paragraph, it shall apply Articles 93 to 96 and 99 of the Civil Procedure Law of the People’s Republic of China. Regulation. " 43. Add one article as Article 50: "In order to stop infringement, if the evidence may be lost or difficult to obtain in the future, the copyright owner or copyright-related rights holder may apply to the People's Court for preservation before filing a lawsuit. evidence.

"After the People's Court accepts the application, it must make a ruling within 48 hours; if it decides to take preservation measures, implementation shall begin immediately. "The People's Court may order the applicant to provide a guarantee. If the applicant fails to provide a guarantee, the application shall be rejected. “If the applicant does not file a lawsuit within fifteen days after the People’s Court takes preservation measures, the People’s Court shall terminate the preservation measures.” 44. Add one article as Article 51: “When the People’s Court hears cases, the People’s Court shall decide whether to infringe copyright or to If the copyright-related rights are violated, illegal gains, infringing copies and property used for illegal activities may be confiscated." 45. Add one article as Article 52: "The publisher or producer of the copy cannot prove that it was published or The issuer of copies or the lessor of copies of film works or works created by methods similar to filmmaking, computer software, or audio and video products that have been legally authorized cannot prove that the copies they distribute or rent have legal sources. , shall bear legal liability." Article 46. Article 47 is changed to Article 53, and is revised to read: "If a party fails to perform its contractual obligations or fails to perform its contractual obligations in compliance with the agreed conditions, it shall be governed by the provisions of the People's Republic of China. "General Principles of the Civil Law of the People's Republic of China", "Contract Law of the People's Republic of China" and other relevant laws provide for civil liability. "Articles 47 and 48 are merged with Article 49 as Article 54. Modify to: "Copyright disputes can be mediated, or they can apply to an arbitration institution for arbitration based on the written arbitration agreement reached by the parties or the arbitration clause in the copyright contract. "If the parties do not have a written arbitration agreement or enter into an arbitration clause in the copyright contract, You can file a lawsuit directly with the People's Court. " 48. Article 50 is changed to Article 55, and is revised to read: "If the party concerned is dissatisfied with the administrative penalty, he may file a lawsuit with the People's Court within three months from the date of receipt of the administrative penalty decision. In case of failure to perform, the copyright administrative department may apply to the People's Court for enforcement. " 49. Article 51 is changed to Article 56, and revised to read: "The copyright referred to in this law is copyright. " 50. Add one article as Article 57: "Publication as mentioned in Article 2 of this Law refers to the reproduction and distribution of works. " 51. Article 52 is deleted. 52. Article 53 is changed to Article 58, and is revised to read: "Measures for the protection of computer software and information network dissemination rights shall be separately formulated by the State Council. " 53. Article 54 is deleted. In addition, the text of some articles will be modified accordingly and the order of the articles will be adjusted accordingly in accordance with this decision. This decision will come into effect on the date of promulgation. "People's Political Consultative Conference of the People's Republic of China" The Copyright Law of the People's Republic of China shall be amended accordingly and re-announced in accordance with this decision.