Several problems about copyright law ...

Article 1 This Law is formulated in accordance with the Constitution for the purpose of protecting the copyright of authors of literary, artistic and scientific works and their rights and interests related to copyright, encouraging the creation and dissemination of works beneficial to the construction of socialist spiritual civilization and material civilization, and promoting the development and prosperity of socialist culture and science.

Article 2 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 foreigners and stateless persons according to the agreements signed between their countries or countries of habitual residence and China or international treaties to which they are both parties 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 jointly 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.

Article 3 Works mentioned in this Law include works of literature, art, natural science, social science and engineering technology. Created in the following form:

(1) Written works;

(2) Oral works;

(3) Music, drama, folk art, dance and acrobatic works;

(4) Artistic and architectural works;

(5) Photographic works;

(6) cinematographic works and works created by similar cinematographic methods;

(seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;

(8) Computer software;

(9) Other works as prescribed by laws and administrative regulations.

Article 4 Works whose publication and dissemination are prohibited according to law shall not be protected by this Law.

The exercise of copyright by copyright owners shall not violate the Constitution and laws, and shall not harm the public interests.

Article 5 This Law does not apply to:

(1) Laws, regulations, resolutions, decisions and orders of state organs and other documents of a legislative, administrative and judicial nature and their official translations;

(2) current affairs news;

(3) calendars, general digital tables, general tables and formulas.

Article 6 Measures for copyright protection of folk literary and artistic works shall be formulated separately by the State Council.

Seventh the State Council copyright administrative departments in charge of the national copyright management; 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:

(1) author;

(2) Other citizens, legal persons or other organizations that enjoy copyright according to this Law.

Article 10 Copyright includes the following personal rights and property rights:

(a) the right to publish, that is, the right to decide whether the work is open;

(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 to modify, that is, the right to modify or authorize others to modify a work;

(four) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;

(5) the right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, reproduction or reproduction;

(6) the right of distribution, that is, the right to provide the original or duplicate of a work to the public by way of sale or gift;

(7) the right to rent, that is, the right to temporarily license others to use film works, works created by methods similar to filming, and computer software, except that computer software is not the main object of rent;

(8) The right to exhibit, that is, the right to publicly display the original or duplicate of an artistic work or photographic work;

(nine) the right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work in various ways;

(10) the right of projection, that is, the right to publicly copy art, photography, movies and works created by methods similar to filming through projectors, slide projectors and other technical equipment;

(11) Broadcasting right, that is, the right to publicly broadcast or disseminate works by wireless means, broadcast works to the public by wired or rebroadcast means, and broadcast works to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images;

(12) 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;

(13) the right to make a film, that is, the right to fix a work on a carrier by making a film or by similar methods;

(14) the right of adaptation, that is, the right to change a work and create a new work with originality;

(15) the right to translation, that is, the right to convert a work from one language into another;

(16) the right of assembly, that is, the right to assemble a work or fragments of a work into a new work through selection or arrangement;

(seventeen) 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:

(1) Engineering design drawings, product design drawings, maps, computer software, etc., which are mainly created by using the material and technical conditions of legal persons or other organizations and are in charge of by legal persons or other organizations;

(2) to hold a position in which a legal person or other organization enjoys copyright 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 term of protection for the works of a legal person or other organization and the works in which a legal person or other organization enjoys the right to publish and the rights stipulated in Items (5) to (17) of Paragraph 1 of Article 10 of this Law is fifty years, ending at 65438+February 3 1 day in the fiftieth year after the first publication of the works, but the works have not been published within fifty years after the completion of the creation.

For cinematographic works and works created by similar cinematographic or photographic methods, the term of protection of the right of publication and the rights specified in Item (5) to Item (17) of Paragraph 1 of Article 10 of this Law is fifty years, ending at 65438+February 3 1 day in the fiftieth year after the first publication of the works. However, if the work is not published within 50 years after the creation is completed, this law will no longer protect it.

Section 4 Limitation of Rights

Article 22 Under the following circumstances, a work may be used without permission and without payment to the copyright owner, but the name of the author and the title of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed:

(a) for personal study, research or appreciation of the use of other people's published works;

(2) appropriately quoting published works of others in works for the purpose of introducing and commenting on works or explaining problems;

(3) inevitably copying and quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report current news;

(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles on 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;

(5) 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;

(6) Translating or reproducing a few published works for classroom teaching or scientific research in schools for use by teaching or scientific researchers, but not publishing them;

(seven) the use of published works by state organs within the reasonable scope of performing official duties;

(eight) libraries, archives, memorial halls, museums, art galleries, etc., in order to display or save the version, copy the works collected by the library;

(9) Performing published works for free, without charging fees to the public or paying remuneration to the performers;

(ten) copying, painting, photography and video recording of works of art set up or displayed in outdoor public places;

(eleven) China citizens, legal persons or other organizations written in Chinese and published in China;

(12) Published works are published in Braille.

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 license contract includes the following main contents:

(1) Types of licensed rights;

(2) The licensing right is exclusive or non-exclusive;

(three) the geographical scope and duration of the license;

(4) payment standards and methods;

(5) Liability for breach of contract;

(six) 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 rights transfer contract includes the following main contents:

(1) the name of the work;

(two) the type and geographical scope of the rights to be transferred;

(3) Transfer price;

(4) the date and method of delivery of the transfer price;

(5) Liability for breach of contract;

(six) other contents that both parties think need to be agreed.

Article 26. 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 27 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 28 Publishers, performers, producers of audio and video recordings, radio stations and 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 29 A book publisher shall conclude a publishing contract with the copyright owner and pay the remuneration for publishing the book.

Article 30 The exclusive publishing right of a book publisher shall be protected by law according to the contract, and no one else may publish the work.

Article 31 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 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.

Article 32 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, or fails to receive a notice of publication from the periodical agency within 30 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 33 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 34 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 35 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-sixth 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 37 Performers shall enjoy the following rights to their performances:

(a) identify the performer;

(two) to protect the performance image from distortion;

(3) Permitting others to broadcast live and publicly disseminate their live performances, and receiving remuneration;

(four) to license others to record and video, and get paid;

(five) to permit others to reproduce and distribute the audio-visual products of their performances and get paid;

(six) to 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 38 The term of protection of the rights specified in Items (1) and (2) of Paragraph 1 of Article 37 of this Law is unlimited.

The term of protection of the rights specified in Item (3) to Item (6) of Paragraph 1 of Article 37 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 39 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 40 producers of audio and video recordings shall conclude contracts with performers and pay remuneration for audio and video recordings.

Article 41 producers of audio and video recordings have the right to license others to copy, distribute, rent, disseminate to the public through information networks and receive remuneration for their audio and video recordings; 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 42 A radio station or television station that broadcasts an unpublished work of others shall obtain the permission of the copyright owner and pay remuneration.

Radio and television stations may broadcast published works of others without the permission of the copyright owner, but they shall pay remuneration.

Article 43 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.

Forty-fourth radio and television stations have the right to prohibit the following acts without their permission:

(a) broadcast radio and television programs;

(2) Recording the broadcast radio and television on an audio-visual carrier and copying the audio-visual carrier.

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 45 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 46 Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for losses according to the circumstances:

(1) publishing his work without the permission of the copyright owner;

(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;

(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;

(4) distorting or tampering with other people's works;

(5) Plagiarizing other people's works;

(6) Using a work by means of exhibition, filming or adaptation, translation or annotation without the permission of the copyright owner. Unless otherwise provided for in this law;

(seven) the use of another person's work, which should be paid but not paid;

(8) Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of film works and works created by similar film production methods, computer software and audio-visual products, except as otherwise provided by this Law;

(9) Using the layout design of books and periodicals published by publishers without their permission;

(10) Live broadcast or public dissemination of a live performance or recording of a performance without the permission of the performer;

(eleven) other acts of infringement of copyright and copyright-related rights and interests.

Article 47 Whoever commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology 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:

(1) Reproduction, distribution, performance, projection, broadcasting, compilation and dissemination to the public through information networks without the permission of the copyright owner, except as otherwise provided by this Law;

(2) Publishing books with exclusive publishing rights enjoyed by others;

(3) 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;

(4) 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;

(5) broadcasting or reproducing radio and television without permission, except as otherwise provided by this Law;

(six) without the permission of the copyright owner or copyright-related obligee, deliberately avoiding or destroying the technical measures taken by the obligee to protect the copyright or copyright-related rights of his works, audio-visual products, etc. Except as otherwise provided by laws and administrative regulations;

(7) Deliberately deleting or changing electronic information on rights management such as works, audio-visual products, etc. Without the permission of the copyright owner or copyright-related obligee, except as otherwise provided by laws and administrative regulations;

(eight) the production and sale of works signed by others.

Article 48 Where 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 49. If the copyright owner or copyright-related obligee has evidence to prove that others are committing or will 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 50 In order to stop the infringement, the copyright owner or the 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 51 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 52 If the publisher or producer of a copy cannot prove that it is legally authorized to be published or produced, or if the publisher or lessor of a copy of a film work or a copy of a work created by a method similar to filming, computer software or audio-visual products cannot prove that the copy it has distributed or rented has a legal source, it shall bear legal responsibility.

Article 53 If a party fails to perform its contractual obligations or fails to 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 54 A copyright dispute may be mediated, or it may be submitted 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 55 If a party refuses to accept the administrative punishment, he may bring a suit in a 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 56 Copyright as mentioned in this Law refers to copyright.

Article 57 Publication as mentioned in Article 2 of this Law refers to the reproduction and distribution of works.

Article 58 Measures for the protection of computer software and information network communication rights shall be formulated separately by the State Council.

Article 59. The rights of copyright owners, publishers, performers, producers of audio and video recordings, radio stations and television stations 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 60 This Law shall come into force as of 199 1 June 1 day.