What are the contents of the "Revision Draft" of the Copyright Law of the People's Republic of China
Draft Amendment to the Copyright Law of the People's Republic of China span>
Chapter 1 General Provisions
Article 1 protects the copyright of authors of literary, artistic and scientific works, as well as disseminators This law is formulated in accordance with the Constitution to encourage the creation and dissemination of works that are beneficial to the construction of socialist spiritual civilization and material civilization, and to promote the development and prosperity of socialist culture, science and economy.
Article 2 Chinese natural persons, legal persons or other organizations Works, whether published or not, are protected by this law.
Works by foreigners and stateless persons, based on The agreements signed between the country to which it belongs or the country where it is habitually located and China or the international treaties to which it is a joint party shall be protected by this law.
Works by authors and stateless persons from countries that have not signed an agreement with China or jointly participated in international treaties , published for the first time in a member state of an international treaty to which China is a party, or published simultaneously in a member state and a non-member state, shall be protected by this law.
Article 3 Chinese natural persons, legal persons or other organizations The format design, performances, sound recordings and radio and television programs are protected by this law.
Format design for foreigners and stateless persons, Performances, sound recordings, and radio and television programs shall be protected by this law based on the agreements signed between the country to which they belong or the country of habitual residence and China or international treaties to which they are both parties.
Has not signed an agreement with China or jointly participated in international treaties For foreigners and stateless persons from other countries, their performances in China or sound recordings produced and distributed in China are protected by this Law.
Article 4 Foreigners and stateless persons Works of applied art and the rights enjoyed under Article 14 of this Law shall be protected by this Law if the country to which they belong or the country of habitual residence provides protection to Chinese rights holders.
Article 5: Works referred to in this Law, It refers to intellectual expression that is original and can be fixed in some form in the fields of literature, art and science.
Works include the following categories:
(1) Written works refer to novels, poems, essays, papers and other works expressed in written form;
(2) Oral works refer to impromptu speeches, lectures and other works expressed in the form of spoken language;
(3) Musical works refer to songs, pieces of music, etc. that can be sung or played, with or without words. Works;
(4) Dramatic works refer to Opera, drama, opera, dance drama and other works for stage performance;
(5) Folk art works refer to cross talk sketches, allegro express scripts, drum music and singing, storytelling, storytelling, and other works that are mainly performed in the form of rap;
(6) Dance works refer to works that express thoughts and emotions through continuous movements, postures, expressions, etc. ;
(7) Acrobatic art works refer to Acrobatics, magic, circus, comedy and other works expressed through continuous body and movement;
(8) Art works refer to paintings, calligraphy, sculptures and other aesthetically significant two-dimensional or three-dimensional plastic art works composed of lines, colors or other methods;
(9) Works of applied art refer to toys, furniture, Ornaments and other two-dimensional or three-dimensional plastic art works with practical functions and aesthetic significance;
(10) Architectural works refer to works of aesthetic significance expressed in the form of buildings or structures, including plans, design drawings, sketches and models that serve as the basis for their construction;
(11) Photographic works refer to photosensitive materials or Artistic works that record the image of objective objects on other media;
(12) Audiovisual works refer to works that consist of a series of continuous images with or without accompanying sound and can be perceived with the help of technical equipment, including movies, TV series and works created by similar methods of making movies;
(13) Graphic works refer to construction and production Drawn engineering design drawings, product design drawings, as well as maps, schematic diagrams and other works that reflect geographical phenomena and explain the principles or structures of things;
(14) Three-dimensional works refer to three-dimensional works created for the purpose of producing products, displaying geographical terrain, and explaining the principles or structures of things;
(15) Computer program refers to a computer program expressed as a source program or a target program and used for electronic Instructions for running a computer or other information processing device, and the source program and target program of the computer program are the same work;
(16) Other literary, artistic and scientific works.
Copyright is automatically generated from the date of creation of the work. No further procedures will be performed.
Article 6 Related rights referred to in this law , refers to the publisher’s rights to the layout design of the books or periodicals he publishes, the performers’ rights to their performances, the sound producers’ rights to the sound recordings they produce, and the rights that radio stations and television stations have to the radio and television broadcasts. rights to the program.
Related rights come from books or journals that use layout design It is automatically generated from the date of first publication, performance, first production of sound recordings and first broadcast of radio and television programs without the need to perform any formalities.
Article 7 Copyright owner’s exercise of copyright and related rights When people exercise relevant rights, they must not violate the Constitution and laws, or harm public interests.
The state supervises and manages the dissemination of works in accordance with the law.
Article 8 Copyright and related rights holders may register their copyrights with the special registration agency established by the copyright administrative department of the State Council Or registration of related rights. The registration document is preliminary proof that the registered matters are true.
Registration is subject to a fee, and the fee standards are determined by the finance and price management departments of the State Council.
Measures for the registration and management of copyright and related rights shall be separately formulated by the copyright administrative department of the State Council.
Article 9 copyright protection extends to expressions, but does not extend to ideas, processes, principles, mathematical concepts, operating methods, etc.
This law does not apply to:
(1) Laws, regulations, resolutions, decisions, orders of state agencies and other legislative, administrative, and Documents of a judicial nature and their official official translations;
(2) Pure factual information reported through newspapers, periodicals, radio stations, television stations, the Internet and other media;
(3) Calendar, universal numbersTables, general forms and formulas.
Article 10 Measures for the Protection of Expressions of Folk Literature and Art shall be separately stipulated by the State Council.
Article 11: Head of the Copyright Administration Department of the State Council The management of copyright and related rights nationwide; the copyright administrative departments of local people's governments are responsible for the management of copyright and related rights in their respective administrative regions.
Chapter 2 Copyright
Section 1 Copyright Owners and Their Rights
Article 12 Copyright holders include:
(1) Author;
(2) Other natural persons, legal persons or other organizations that enjoy copyright in accordance with this law.
Article 13 Copyright includes personal rights and property rights.
Personal rights in copyright include:
(1) Right of publication, that is, the right to decide whether the work will be made public;
(2) Right of authorship, that is, the right to decide whether and how to indicate the author's identity;
(3) The right to protect the integrity of the work, that is, the right to allow others to modify the work and to prohibit distortion or tampering with the work.
Property rights in copyright include:
(1) Right of reproduction, that is, by printing, copying, recording, reproducing and digitizing, etc. The right to fix the work on a tangible carrier;
( 2) Distribution rights, that is, the right to provide originals or copies of works to the public by selling, donating or otherwise transferring ownership;
(3) Rental right, that is, the right to license others to temporarily use the original or copy of an audio-visual work, computer program or sound recording containing the work for a fee, computer Except where the program is not the main subject of the rental;
(4) Exhibition rights, that is, the right to publicly display originals or copies of fine arts and photographic works;
(5) Performance rights, that is, singing, playing, dancing The right to publicly perform works, recitations, etc., and to disseminate works or performances of works to the public through technical equipment;
(6) Right to broadcast, that is, the right to publicly broadcast the work or rebroadcast the work through wireless or wired means, and to disseminate the broadcast of the work to the public through technical equipment;
(7) Information network dissemination right, that is, wireless Or provide the work to the public by wired means so that the public can obtain the rights to the work at a time and place of their own choosing;
(8) Adaptation rights, that is, changing the work into new works of other genres and types, or making text, music, drama and other works into audio-visual works, and modifying the computer The right to add to, delete from, change the order of instructions, statements, or make other changes to the program;
(9) Translation right, that is, the right to convert a work from one language to another;
(10) Other rights that should be enjoyed by the copyright owner.
Measures for the protection of information network dissemination rights shall be separately stipulated by the State Council.
Article 14 After the original copy of the art or photographic work or the manuscript of the text or musical work is transferred for the first time, the author or other The heirs and legatees have the right to share the increased value obtained by reselling the original or manuscript through auction. This right belongs exclusively to the author or his heirs and legatees. The protection measures are as follows: The State Council shall stipulate separately.
Section 2 Ownership of Copyright
Article 15 Copyright belongs to the author. This law Unless otherwise specified.
The natural person who creates the work is the author.
hosted by a legal person or other organization or For works that are invested, created on behalf of a legal person or other organization, published in the name of a legal person, other organization or its representative, 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 natural person, legal person or other organization who signs the work is presumed to be the author .Article 16 New works produced by adapting, translating, annotating, organizing, etc. using existing works are derivative works, and their copyrights are enjoyed by the performer.
Using a derivative work must obtain the copyright owner of the derivative work and the copyright owner of the original work Permission.
Article 17 Cooperation between two or more people The copyright of a created work is shared by co-authors. People who did not participate in the creation cannot become co-authors.
If the collaborative work can be divided and used, the authors shall have separate copyrights for the parts they created, but the exercise of copyright shall not hinder the normal use of the collaborative work.
If the collaborative work cannot be divided and used, its copyright shall be shared by all co-authors. Exercised by consensus; if consensus cannot be reached and there is no legitimate reason, no party shall prevent the other party from using or permitting others to use it, but the proceeds shall be reasonably distributed to all co-authors.
If others infringe the copyright of a collaborative work, any co-author may file a lawsuit in his or her own name, but the compensation received Reasonable allocation should be made to all co-authors.
Tenth Article 8 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 content reflects originality, is a compilation work, and its copyright is enjoyed by the compiler.
Using a compiled work must obtain the copyright and original rights of the compiled work. Permission from the copyright holder of the work.
Article 19 Producers use novels, To produce audio-visual works from existing works such as music and drama, the permission of the copyright owner must be obtained; if there is no agreement to the contrary, the copyright owner of the aforementioned existing works shall have exclusive rights to use the audio-visual works in accordance with paragraph 2 of Article 16.
Authors of movies, TV series and other audio-visual works include directors , screenwriters, and authors of musical works specially created for audiovisual works, etc.
In the copyright of audio-visual works such as movies and TV series, Property rights and profit sharing are agreed between the producer and the author. If there is no agreement or the agreement is unclear, the property rights in the copyright shall be enjoyed by the producer, but the author shall enjoy the right of authorship and the right to share profits.
Scripts and music that can be used alone in audio-visual works For other works, the author may exercise the copyright alone, but shall not hinder the normal use of audio-visual works.
Article 20 During the period of employment, employees must complete their work The works created during the assignment are service works, and their copyright ownership shall be agreed upon by the parties involved.
If the parties have not agreed or the agreement is unclear,The copyright of work works is enjoyed by employees, but the copyright of engineering design drawings, product design drawings, maps, computer programs and related documents, as well as works created specifically for the completion of reporting tasks by employees of newspapers, news agencies, radio stations and television stations is enjoyed by the unit. , the author has the right of authorship.
According to the second paragraph of this article, professional works If the copyright is owned by an employee, the unit has the right to use the employee's work for free within the scope of business and has the exclusive right to use it for two years.
According to the second paragraph of this article, professional works shall be If the unit enjoys it, the unit shall reward its employees accordingly based on the quantity and quality of their creative works, and employees may publish their creative works through compilation.
Article 21 Commissioned Works , the ownership of the copyright shall be agreed upon by the parties.
If the parties have not agreed or the agreement is unclear, the commissioned work The copyright is enjoyed by the trustee, but the client can use the work free of charge within the agreed scope of use; if the parties have not agreed on the scope of use, the client can use the work free of charge within the specific purpose of the commissioned creation.
Article 22 Transfer of ownership of original works Reprinting does not result in transfer of copyright.
Owners of original works of art and photography can exhibit them the original.
The author transfers the original of an unpublished art or photographic work to another person, and the transferee's exhibition of the original does not constitute an infringement of the author's right of publication.
The original works of art displayed in public places are If it is the only carrier of the work, the owner of the original copy shall notify the author within a reasonable period of time before dismantling, destroying or disposing of it, and the author may protect his copyright by repurchasing, copying, etc., unless otherwise agreed by the parties.
Article 23 After the death of the author, his or her The right of authorship and the right to protect the integrity of the work in copyright are protected by the author's heirs or legatees.
No one inherits the copyright and no one is bequeathed it , whose right of authorship and right to protect the integrity of the work are protected by the copyright administrative department.
Article 24 Unpublished during the author’s lifetime If the author has not expressly stated not to publish a work, within fifty years after the author's death, the right to publish may be exercised by his heirs or legatees; if there is no heir or legatee, the right to publish shall be exercised by the owner of the original work.
Article 25 If the copyright belongs to a natural person, After the death of a natural person, the property rights in the copyright shall be transferred in accordance with the provisions of the Succession Law of the People's Republic of China during the protection period stipulated in this law.
Copyright belongs to legal persons or other organizationsAfter the legal person or other organization changes or terminates, the property rights in the copyright shall be enjoyed by the legal person or other organization that assumes its rights and obligations within the protection period stipulated in this Law; if there is no legal person or other organization that assumes its rights and obligations, the property rights in the copyright shall be enjoyed by the state enjoy.
Article 26 Death of one of the co-authors Afterwards, if no one inherits or bequeaths the property rights in the copyright to the collaborative work, it shall be enjoyed by other co-authors.
Article 27 Works by unknown authors , whose copyright, except for the right of authorship, is exercised by the owner of the original work. After the author's identity is determined, his copyright shall be exercised by the author or his successors or legatees.
Section 3 Copyright Protection Period
Article 28 The right to authorize and protect the integrity of the work The protection period is unlimited.
Article 29 Works of natural persons, their The protection period of the property rights in publication rights and copyrights is the life of the author and fifty years after his death; in the case of a collaborative work, the protection period is based on the last deceased author.
Works and copyrights (signatures) of legal persons or other organizations For service works and audio-visual works enjoyed by entities, the period of protection for the right to publish is fifty years, but if the work has not been published within fifty years from the completion of its creation, this law will no longer protect it; the protection of property rights in its copyright The period is fifty years after first publication, but if the work has not been published within fifty years since its creation, it will no longer be protected by this law.
For works of applied art, the right of publication is protected for a period of two years Fifteen years, but if the work has not been published within twenty-five years after the creation, this law will no longer protect it; the protection period of the property rights in the copyright is twenty-five years after the first publication, but the work will not be published for twenty-five years after the completion of the creation. If it is not published within the year, this law will no longer protect it.
The protection period referred to in the first three paragraphs shall start from The calculation starts from January 1 of the following year after the death of the author, the first publication of the relevant work, or the completion of the creation of the work.
The protection period has expired before the implementation of this law, but Photographic works that are still within the protection period according to the first paragraph of this article are not protected by this law.
The rights provided for in Article 14 of this Law The protection period shall be governed by the provisions of paragraph 1 of this article.
Article 30: Works of unknown author, The protection period of the property rights in the copyright is fifty years, starting from January 1 of the following year after the work is first published. After the identity of the author is determined, the provisions of Article 29 of this Law shall apply.
Chapter 3 Related Rights
Section 1 Publisher
Article 31 "Publication" as mentioned in this Law refers to copying and distribution.
The layout design referred to in this Law refers to Design of book and journal layout formats.
Article 32 The publisher has the right to license Use the layout design of books and journals published by others.
The protection period of the rights specified in the preceding paragraph is ten years year, starting from January 1 of the following year after the book or journal using this layout design is first published.
Second Section Performers
Article 33 Performers referred to in this Law refer to Natural persons who perform literary and artistic works or expressions of folklore and art by reciting, singing, playing or other means.
Article 34 Performers’ rights to their performances Enjoy the following rights:
(1) Indicate the performer Identity;
(2) Protect the performance image from distortion;
(3) Allow others to publicly broadcast their live performances through wireless or wired means;
(4) Allow others to record their performances;
(5) Permit others to copy, distribute, and rent recordings of their performances or copies of such recordings;
(6) Allow others to provide their performances to the public through wireless or wired means, so that the public can choose at their own discretion The performance was obtained at the time and place.
Previous Paragraph The protection period of the rights stipulated in Items (1) and (2) is not limited; the protection period of the rights stipulated in Items (3) to (6) is fifty years, starting from the year following the performance. Starting from January 1.
The licensee shall To use works in the manner specified in Items (3) to (6) of Paragraph 1 of this Article, the permission of the copyright owner must also be obtained.
Article 35 If a performance organizer organizes a performance, the performance organizer shall obtain permission from the copyright owner.
Article 36 Performances performed by a performer to complete work tasks during his or her term of employment are job performances, and the ownership of their rights shall be agreed upon by the parties.
If the parties have not agreed or the agreement is unclear, job performance The rights are enjoyed by the performers, but the rights of collective performance are enjoyed by the performance unit, and the performers have the right of signature.
According to the provisions of paragraph 2 of this article, job performance If the rights are enjoyed by the performer, the performance unit can use the performance free of charge within its business scope.
According to the provisions of paragraph 2 of this article, job performance If the rights are enjoyed by a performance unit, the unit shall reward the performer based on the quantity and quality of the performance.
Article 37 Producers hire performers Those who produce audio-visual works must sign a written contract and pay remuneration.
Performers in audiovisual works according to Article 30 The property rights and profit sharing specified in Article 4 (5) and (6) shall be agreed upon by the producer and the main performer. If there is no agreement or the agreement is unclear, the aforementioned rights shall be enjoyed by the producer, but the main performers shall enjoy the right of signature and the right to share profits.
Section 3 Recording Producer
Article 38 The sound recordings referred to in this Law refer to any recording of performance sounds and other sounds.
The sound recording producer referred to in this Act is Refers to the first producer of a sound recording.
Article 39 The producer of the sound recording The sound recordings produced enjoy the following rights:
(一) authorizes others to copy its sound recordings;
(二) authorize others to distribute their sound recordings;
(三) Permit others to rent their sound recordings;
(IV ) allows others to provide their sound recordings to the public through wireless or wired means, so that the public can obtain the sound recordings at a time and place of their own choosing.
The protection period of the rights specified in the preceding paragraph is five years Ten years begins on January 1 of the year following the first production of the sound recording.
The licensee shall also obtain permission from the copyright holder and performer when copying, distributing, leasing, and disseminating sound recordings to the public through information networks.
Article 40 If a sound recording is used in the following ways, the producer of the sound recording shall have the right to receive reasonable remuneration ：
(1) Disclosure via wireless or wired methods Playing phonograms or rebroadcasting the playing of phonograms and disseminating the playing of phonograms to the public through technical equipment;
(2) Dissemination of sound recordings to the public through technical equipment.
Section 4 Radio and Television
Article 41 The radio and television programs referred to in this Law refer to the signals carrying sounds or images that are broadcast for the first time by radio stations and television stations.
Article 42 Radio and television programs broadcast by radio stations and television stations Enjoy the following rights:
(1) Permit others to use Rebroadcast its radio and television programs wirelessly or via cable;
(2) Allow others to record their radio and television programs;
(3) Allow others to copy the recordings of its radio and television programs.
The protection period of the rights specified in the preceding paragraph is five years Ten years begins on January 1 of the year following the first broadcast of the radio and television program.
The licensee shall To use works, performances and sound recordings in any manner, the permission of the copyright owner, performer and sound recording producer must also be obtained.
Chapter 4 Restrictions on Rights
Article 43 You may not use works under the following circumstances: With the permission of the copyright owner, no remuneration will be paid to the copyright owner, but the name of the author, the title of the work, and the source of the work shall be specified, and other rights enjoyed by the copyright owner in accordance with this law shall not be infringed:
(1) Copying fragments of other people’s published works for personal study and research;
(2) To introduce or comment on a certain work or explain a certain Questions, appropriately cite what others have published in your workWorks, the quoted parts shall not constitute the main or substantial part of the cited work;
(3) In order to report news, unavoidably reproduce or quote published works in newspapers, periodicals, radio stations, television stations, the Internet and other media;
(4) Newspapers, periodicals, radio stations, television stations, the Internet and other media publish or broadcast other newspapers, periodicals, Current affairs articles on political, economic, and religious issues that have been published by radio stations, television stations, the Internet, and other media, unless the author declares that they are not allowed to be used;
(5) Newspapers, periodicals, radio stations, television stations, the Internet and other media publish or broadcast speeches delivered at public gatherings, but the author declares Except for those that are not allowed to be used;
(6) For schools Classroom teaching or scientific research, translation or small copy of published works for use by teaching or scientific researchers, but not published;
(7) State agencies use published works within a reasonable scope for the purpose of performing official duties;
(8) Libraries, archives, memorial halls, museums, art galleries, etc. need to make copies for display or preservation of editions. Works collected by the museum;
(9) Perform published works for free, without charging fees from the public, paying performers, or obtaining financial benefits in other ways;
(10) Copying, painting, photography, and videography of artistic works installed or displayed in outdoor public places and reproduce, distribute and communicate to the public, but shall not reproduce, display or publicly communicate in the same manner as the artistic work;
(11) Translate works written in Chinese language and written by Chinese natural persons, legal persons or other organizations into minority languages and publish them domestically;
(12) Convert published works into Braille Publishing;
(13) Other circumstances.
Using the work in the manner specified in the previous paragraph shall not affect the work normal use must not reasonably harm the legitimate interests of the copyright owner.
Article 44 Legally authorized users of computer programs may engage in the following acts:
(1) Install the program into a computer or other device with information processing capabilities according to the needs of use;
(2) Making backup copies to prevent damage to computer programs; these backup copies shall not be Provide it to others for use in any way, and be responsible for destroying the backup copies when I lose my legal authorization;
(3) Make necessary changes in order to use the program in an actual computer application environment or realize its functions; without the permission of the copyright owner of the program, it shall not be disclosed to any third party Provide modified programs and devices or components specifically used to modify the programs.
Article 45 For the purpose of learning and researching computers The design ideas and principles contained in the program, and the legally authorized users of the computer program use the computer program through installation, display, transmission or storage, etc., without the permission of the computer program copyright owner, and without payment of remuneration to the computer program copyright owner.
Article 46 Legal authorization of computer programs When users cannot obtain necessary compatibility information through normal channels, they may copy and translate parts of the program related to the compatibility information without the permission of the copyright owner of the program.
The information obtained by applying the provisions of the preceding paragraph shall not exceed It shall not be used for the purpose of compatibility of computer programs and shall not be provided to others, shall not be used to develop, produce or sell substantially similar computer programs, and shall not be used for any infringement of copyright.
Article 47 is for the implementation of national compulsory education When compiling textbooks, in accordance with the conditions stipulated in Article 50 of this Law, the textbook may be published in the Educational Science and Technology Commission without the permission of the copyright owner.The book compiles short written works, musical works, or single art works, photography works, and graphic works that have been published.
Article 48 Textual works in newspapers and periodicals After publication, other newspapers and periodicals may, in accordance with the conditions stipulated in Article 50 of this Law, reprint or publish it as abstracts or information without the author's permission.
The works published by newspapers and periodicals are based on the author’s If the author has the exclusive right to publish and makes a prominent statement in the newspapers and periodicals he publishes that no reprinting or publication is allowed, other newspapers and periodicals may not reprint or publish it.
Article 49 Radio stations and television stations shall comply with Under the conditions stipulated in Article 50 of this Law, published works may be played without the permission of the copyright owner; however, the permission of the copyright owner must be obtained to play audio-visual works.
This provision applies to Chinese copyright owners and their works Foreign copyright holders who created in China.
Article 50 In accordance with Article 40 of this Law According to the provisions of Article 7, Article 48 and Article 49, the use of published works without the permission of the copyright owner must meet the following conditions:
(1) Apply to the corresponding copyright collective management organization for filing before first use;
(2) When using the work, indicate the name of the author, the title of the work and the source of the work, unless it is impossible to specify due to technical reasons;(3) Directly pay the right holder within one month after using the work in accordance with the payment standards established by the Copyright Administration Department of the State Council Or pay usage fees to the right holder through a copyright collective management organization, and provide relevant information such as the name of the work used, the name of the author, and the source of the work. The aforementioned payment standards shall apply to the use of the work from the date of implementation of this law.
The copyright collective management organization shall promptly announce the provisions of the preceding paragraph Record information, and establish a work usage inquiry system for right holders to check the use of works and payment of royalties for free.
The copyright collective management organization shall promptly transfer the usage fees mentioned in paragraph 1 of this article to the right holder within a reasonable time.
Article 51 For published works whose copyright protection period has not expired, users shall try their best to search for their rights To no avail, if one of the following conditions is met, you can use it in digital form after applying to the institution designated by the copyright administrative department of the State Council and depositing the usage fee:
(1) The identity of the copyright owner is unknown;
(2) The copyright owner is identified but cannot be contacted.
The specific implementation measures for the preceding paragraph shall be separately formulated by the copyright administrative department of the State Council.
Chapter 5 Exercise of Rights
Section 1 Copyright and Related Rights Contract
Article 52 The copyright owner may license, transfer, or establish a pledge or other forms of exercising property rights in copyright as permitted by law.
Article 53 When using other people’s works, you must Enter into a licensing contract with the copyright holder, except where this law stipulates that no permission is required.
The license contract includes the following main contents: span>
(1) Title of the work;
(2) Types of licensed rights and methods of use;
(3) Licensed useThe right of use is exclusive or non-exclusive;
(4) Geographical scope and period of licensed use;
(5) Remuneration standards and methods;
(6) Liability for breach of contract;
( 7) Other contents deemed necessary by both parties.
The remuneration standard for using the work shall be agreed upon by the parties. If the parties have not agreed or the agreement is unclear, remuneration shall be paid in accordance with market prices or the remuneration standards formulated by the copyright administrative department of the State Council in conjunction with relevant departments.
Article 54 The right to license is For exclusive use rights, the license contract shall be in writing.
The right to use is not expressly stipulated in the contract. If there is an exclusive right to use, the right to use is deemed to be a non-exclusive right to use.
The method of licensed use stipulated in the contract is proprietary right to use, but for the content of the exclusive right to useIf there is no agreement or the agreement is unclear, the licensee shall be deemed to have the right to exclude anyone, including the copyright owner, from using the work in the same manner.
Newspapers and periodicals sign exclusive publishing rights with the copyright owner Contract, but if the term of the exclusive publishing right is not agreed upon or the agreement is unclear, the term of the exclusive publishing right is presumed to be one year.
Article 55 stipulated in the book publishing contract If a book publisher enjoys the exclusive right to publish but does not specify its specific content, the book publisher shall be deemed to have the exclusive right to publish the book in the original version and revised version in the same language within the validity period of the contract and within the geographical scope agreed upon in the contract.
Article 56 Book publishers reprint, If a work is republished, the copyright owner must be notified and remuneration paid.
After the book is out of stock, the book publisher refuses to reprint, In case of republication, the copyright owner has the right to terminate the contract. If the two orders sent by the copyright owner to the book publisher are not fulfilled within 6 months, the book will be deemed to be out of stock.
Article 57 Transfer of property under copyright rights, a written contract should be entered into.
The rights transfer contract includes the following main contents: span>
(1) Title of the worktitle;
(2) Type of rights transferred, Geographical scope;
(3) Transfer fee;
(4) Date and method of payment of transfer fee;
(5) Liability for breach of contract;
(6) Other contents deemed necessary by both parties.
Article 58 License Contract and Transfer Rights not expressly permitted or transferred by the copyright owner in the contract may not be exercised by the licensee or assignee without the consent of the copyright owner.
Without the consent of the copyright owner, the licensee may not Permit a third party to exercise the same right.
Article 59 Entering into an exclusive agreement with the copyright owner If there is a license contract or transfer contract, the user may register with the special registration agency established by the copyright administrative department of the State Council. Unregistered rights may not be used against bona fide third parties.
A fee must be paid for registration, and the fee standards shall be determined by the finance and price management departments of the State Council.
Article 60 If copyright is pledged, The pledgor and the pledgee shall register the pledge with the copyright administrative department of the State Council.
Registration fees shall be paid, and the fee standards shall be determined by the State Council Finance , determined by the price management department.
Section 2 Copyright Collective Management
Article 61 Copyright collective management organizations are based on the rights of copyright owners and Non-profit social organizations that exercise copyright or related rights in a collective management manner that are difficult for the right holder to exercise and control under the authorization of the relevant right holder or legal provisions.
When a copyright collective management organization manages rights, it can Claim rights on behalf of copyright and related rights holders in your own name, and may act as a party in litigation, arbitration and mediation activities regarding copyright or related rights.
Article 62 Copyright collective management organizations shall The standard of royalties shall be provided based on the managed rights. The standard shall be announced and implemented in the media designated by the copyright administrative department of the State Council. If there is any objection, a special committee organized by the copyright administrative department of the State Council shall make a ruling. The ruling shall be the final result and shall be used during the ruling.The fee standards will not stop being implemented.
The special committee mentioned in the preceding paragraph shall be composed of judges, copyright The regulatory authorities of collective management organizations are composed of civil servants, lawyers, etc.
Article 63 Copyright collective management organization obtains If the right holder is authorized and can represent the interests of the right holder nationwide, he can use the self-service song request system to disseminate published music or audio-visual works to the public and use the works in other ways, and exercise copyright or related rights on behalf of all right holders. Except for those that state that collective management is not allowed.
When the copyright collective management organization transfers the relevant usage fees , all rights holders should be treated equally.
Article 64 Copyright and related rights The right to remuneration enjoyed by a person in accordance with Articles 14 and 40 of this Law shall be exercised through the corresponding copyright collective management organization.
Article 65 Two or more copyright collectives If the management organization collects usage fees from the same user for the same usage method, it should jointly develop a unified usage fee standard, and negotiate to determine that a copyright collective management organization will collect usage fees uniformly. The usage fees collected should be reasonably distributed among the corresponding copyright collective management organizations.
Article 66 Copyright Administration Department of the State Council Responsible for the nationwide copyright collective management work, responsible for the approval, supervision and management of the establishment, business scope, changes, cancellations and other registration matters of copyright collective management organizations.
Other competent departments of the State Council shall conduct collective management of copyright within the scope of their respective responsibilities Organize supervision and management.
Article 67 Copyright collective management organizations Matters such as the establishment method, business scope, rights and obligations, collection and distribution of copyright license fees, supervision and management, and ruling on objections to authorized use fee standards shall be separately stipulated by the State Council.
Chapter 6 Technical Protection Measures and Rights Management Information
Article 68 As mentioned in this Law Technical protection measures refer to effective technologies, devices or components adopted by rights holders to prevent or restrict their works, performances, sound recordings or radio and television programs from being copied, viewed, enjoyed, run, adapted or disseminated through the Internet.
The rights management information referred to in this law is Refers to information describing works and their authors, performances and performers, phonograms and their producers, radio and television programs and their broadcast stations and television stations, information and usage conditions of rights holders of works, performances, phonograms and radio and television programs , and numbers or codes representing the above information.
Article 69 is to protect copyright and related rights, the rights holder may adopt technical protection measures.
Without permission, any organization or individual may not intentionally avoid or destroy technical protection measures, and shall not intentionally manufacture, import, or provide to the public devices or components mainly used to avoid or destroy technical protection measures. Providing technology or services for others to circumvent or destroy technical protection measures, except as otherwise provided by laws and administrative regulations.
Article 70 The following acts are not allowed without the permission of the right holder:
(1) Deliberately deleting or changing rights management information, except where deletion or change cannot be avoided due to technical reasons;
(2) Know or should know that relevant rights management information has been used without permission Delete or change, but still make the work, performance, phonogram or radio and television program available to the public.
Article 71: Technical protection measures can be circumvented in the following circumstances, but technology, devices or components that circumvent technical protection measures may not be provided to others, and other rights enjoyed by the obligee in accordance with the law shall not be infringed. ：
(1) For school classroom teaching or science Research, providing published works, performances, sound recordings or radio and television programs to a small number of teaching and scientific researchers, and the works, performances, sound recordings or radio and television programs cannot be obtained through normal channels;
(2) Not for profit, and provided to blind people in a unique way that blind people can perceive Published works,The work cannot be obtained through normal channels;( 3) State organs perform official duties in accordance with administrative and judicial procedures;
(4) Institutions with security testing qualifications test the security performance of computers, systems or networks;
(5) Conduct encryption research or computer program reverse engineering research.
Chapter 7 Protection of Rights
Article 72 Infringement of copyright or related rights violates this law Those who have stipulated technical protection measures or rights management information-related obligations shall bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses in accordance with the law.
Article 73 The network service provider is When network users provide simple network technology services such as storage, search, or linking, they do not assume any review obligations related to copyright or related rights.
Others use network services to infringe copyright or related rights If the violation occurs, the right holder may notify the network service provider in writing and require it to take necessary measures such as deleting or disconnecting the link. If the network service provider takes necessary measures in a timely manner after receiving the notice, it will not be liable for compensation; if the network service provider fails to take necessary measures in a timely manner, shall be jointly and severally liable with the infringer for the extended part of the damage.
The network service provider knows or should know that others are using If its network services infringe upon copyright or related rights and fail to take necessary measures in a timely manner, it shall be jointly and severally liable with the infringer.
Internet service providers instigate or help others to infringe copyrights or related rights, shall bear joint and several liability with the infringer.
Network service providers provide others to the public through the Internet The provisions of paragraph 1 of this article shall not apply to works, performances or sound recordings.
Article 74 User rights holder For rights that are difficult to exercise and control, after paying member remuneration to the copyright collective management organization in accordance with the contract signed with the copyright collective management organization, if a non-member right holder files a lawsuit for the same right and the same method of use, the user shall stop using it and follow the corresponding regulations. Copyright collective management royalties shall be used to compensate losses according to standard standards.
The provisions of the preceding paragraph shall not apply in the following circumstances:
(1) The user knows that non-member rights holders have made a statement not to exercise their rights in a collective management manner, but still uses their works;
(2) Non-member rights holders notify users not to use their works, but users still use them;
(3) The user stops using it after fulfilling the non-member litigation ruling.
Article 75 The holder of a copy of a computer program does not know and should not know that the program is infringing If a copy is made, we shall not be liable for compensation; however, the use of the infringing copy shall be stopped and the infringing copy shall be destroyed. If the holder of a copy of a computer program needs to continue to use the computer program, he shall obtain permission from the copyright owner of the computer program.
Article 76 If a copyright or related right is infringed upon, the damage shall be calculated in When it comes to the amount of compensation, the right holder can choose to request compensation for actual losses, the illegal gains of the infringer, a reasonable multiple of rights transaction costs, or an amount below one million yuan.
For two or more intentional infringements of copyright or related rights, the people's court may pay two to three times the amount of compensation calculated according to the preceding paragraph. Determine the amount of compensation.
The People's Court is determining the amount of compensation. When doing so, it should include the reasonable expenses paid by the right owner to stop the infringement.
In order to determine the amount of compensation, the people's court may order the infringer to provide account books and materials related to the infringement when the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer. ;The infringer does not provide or providesIf the account books or information are false, the people's court may determine the amount of infringement compensation based on the rights holder's claims.
Article 77 The following infringements may The copyright administrative department shall order the infringement to cease, issue a warning, confiscate illegal gains, confiscate and destroy infringing products and copies, and if the illegal business turnover exceeds 50,000 yuan, a fine of not less than one time but not more than five times the illegal business turnover may be imposed. If the illegal business volume is difficult to calculate or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed; if the circumstances are serious, the copyright administrative department may confiscate the copyrights that are mainly used to make infringing products and copies. Materials, tools, equipment, etc.; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Copying, distributing, renting, exhibiting, performing, broadcasting, or disseminating the work to the public through the Internet without the permission of the copyright owner, except as otherwise provided for in this law;
(2) Playing, recording or copying the performer’s performance without his permission , distribute or rent sound recordings containing their performances, or disseminate their performances to the public through the Internet, unless otherwise provided for in this law;
(3) Anyone who reproduces, distributes, rents, or disseminates the sound recordings to the public through the Internet without the permission of the sound recording producer shall be subject to this Law as otherwise provided Except as specified;
(4) Not broadcast Radio and television stations have permission to rebroadcast, record and copy their radio and television programs, except as otherwise provided for in this law;
(5) Using works, performances, sound recordings or radio and television programs that others have exclusive rights to use;
(6) Using other people’s works in violation of Article 50 of this Law;
(7) Any use of copyrights or related rights that are difficult to exercise and control by the right holder without permission shall be punished under Article 70 of this Law. Except for the circumstances specified in the first paragraph of Article 4;
(8) Producing and selling works that counterfeit the signature of others.
Article 78: For the following illegal acts, the copyright administrative department may issue a warning, confiscate the illegal gains, and confiscate the devices or components mainly used to circumvent or destroy technical protection measures; if the circumstances are serious, relevant materials, Tools and equipment, if the illegal business volume exceeds 50,000 yuan, a fine of not less than one time but not more than five times the illegal business volume may be imposed. If there is no illegal business volume, the illegal business volume is difficult to calculate, or the illegal business volume is less than 50,000 yuan, a fine of not less than 1 time but not more than 5 times of the illegal business volume may be imposed. A fine of not more than 150,000 yuan; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Deliberately avoiding or destroying the technical protection measures taken by the right holder without permission, unless otherwise provided by laws and administrative regulations;
(2) Without permission, intentionally manufacture, import or provide to others mainly for avoiding or destroying Devices or components of technical protection measures, or deliberately providing technology or services for others to avoid or destroy technical protection measures;
(3) Deliberately deleting or changing rights management information without permission , except as otherwise provided for in this law;
( 4) Without permission, knowing or should know that the rights management information has been deleted or changed, but still copying, distributing, renting, performing, broadcasting, or disseminating relevant works, performances, sound recordings, or radio and television programs to the public through the Internet.
Article 79 Copyright administrative departments When investigating and handling suspected infringements and illegal acts, the relevant parties can be questioned and investigated about the circumstances related to the suspected infringements and illegal acts; conduct on-site inspections of the places and items where the parties are suspected of infringing and illegal acts; review and copy information related to the suspected infringements and illegal acts. contracts, invoices, account books and other relevant materials; places and items suspected of infringement and illegal activities can be sealed or detained.
The copyright administrative department shall exercise the provisions of the preceding paragraph in accordance with the law. When required to do so, the parties concerned shall assist and cooperate. If they refuse, obstruct or delay the provision of the materials in the preceding paragraph without justifiable reasons, the copyright administrative department may give them a warning; if the circumstances are serious, relevant materials, tools and equipment shall be confiscated; if a crime is constituted, Investigate criminal liability in accordance with the law.
Article 80 If the party concerned refuses to accept the administrative penalty , may apply for administrative reconsideration to the relevant administrative agency within sixty days from the date of receipt of the administrative penalty decision, or file a lawsuit with the People's Court within three months from the date of receipt of the administrative penalty decision. Failure to apply for administrative reconsideration upon expiration of the period or If a lawsuit is filed but performance is not performed, the copyright administrative department may apply to the People's Court for enforcement.
Article 81 Users of copyright and related rights shall bear civil or administrative legal liability under the following circumstances:
(1) The publisher or producer of the copy cannot prove that its publication or production Legally authorized;
(2) Network users cannot Prove that the works disseminated to the public through the Internet are legally authorized;
(3) The lessor cannot prove that it is legally authorized to rent original or copies of audiovisual works, computer programs or sound recordings;
(4) The publisher cannot prove that the copies it distributes have legal sources.
Article 82 Copyright owner or related rights If a person applies for preservation of behavior, property or evidence, the relevant preservation provisions of the Civil Procedure Law of the People's Republic of China shall apply.
Article 83: When hearing cases, the People’s Court shall For those who infringe on copyright or related rights, illegal gains, infringing products and copies, and property used for illegal activities may be confiscated.
Article 84 WritingsParties to disputes over rights and related rights may apply to an arbitration institution for arbitration in accordance with the Arbitration Law of the People's Republic of China, or they may also apply for mediation.
Article 85 The copyright administrative department may Establish a Copyright Dispute Mediation Committee to mediate copyright and related rights disputes. For the judicial confirmation of the mediation agreement, the provisions of the Civil Procedure Law of the People's Republic of China on the confirmation of the mediation agreement shall apply.
The composition of the Copyright Mediation Committee, mediation procedures and others Matters shall be separately stipulated by the copyright administrative authority of the State Council.
Article 86 Copyright owners and related rights A person may apply for customs investigation and punishment against the import or export of items suspected of infringing upon his or her copyright or related rights. Specific measures shall be separately formulated by the State Council.
Chapter 8 Supplementary Provisions
Article 87 The copyright referred to in this Law is copyright.
Article 88 Restrictions on Related Rights and Exercise the relevant provisions of copyright in this law.
Article 89 Copyright under this Law If the rights of persons and relevant rights holders have not exceeded the protection period stipulated in this Law on the date of implementation of this Law, they shall be protected in accordance with this Law.
Infringement or breach of contract that occurred before the implementation of this law shall be governed by the Relevant laws, regulations and policies when infringement or breach of contract occurs.
Article 90 This Law shall come into effect on the year, month and day Be implemented.
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