What are the specific contents of the Copyright Law of the People's Republic of China
Table of Contents
Chapter 1 General Provisions
Chapter 2 Copyright
Section 1 Copyright owners and their rights
Section 2 Copyright ownership
Section 3: Protection Period of Rights
Section 4: Limitations on Rights
Chapter 3 Copyright License and Transfer Contract
Chapter 4 Publishing, Performance, Audio and Video Recording, and Playback
Section 1 Publishing of books and newspapersSection 2 Performance
The audio and video of the third quarter
The fourth quarter is played by radio and television stations
Chapter 5 Legal Responsibilities and Enforcement Measures
Chapter 6 Supplementary Provisions
Chapter 1 General Provisions
Article 1 is to protect the copyright of authors of literary, artistic and scientific works, as well as the rights and interests related to copyright, and encourage those who benefit from the spirit of socialismThis law is formulated in accordance with the Constitution to promote the creation and dissemination of works for the construction of spiritual civilization and material civilization, and to promote the development and prosperity of socialist culture and science.
Article 2: The works of Chinese citizens, legal persons or other organizations, whether published or not, enjoy copyright in accordance with this Law.
The copyrights enjoyed by foreigners and stateless persons in their works are based on the agreement signed between the country of origin or habitual residence of the author and China or the international treaty to which both parties are a party. protected by this law.
If the works of foreigners or stateless persons are first published in China, they shall enjoy copyright in accordance with this Law.
The works of authors and stateless persons from countries that have not signed an agreement with China or jointly participated in international treaties are published for the first time in a member country of an international treaty that China is a party to. or published simultaneously in a member state and a non-member state, shall be protected by this law.
Article 3 The works referred to in this Law include works of literature, art, natural science, social science, engineering technology, etc. created in the following forms:
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(1) Written works;
(2) Oral works;
(3) Music, drama, folk art, dance, acrobatic art works;
(4) Art and architectural works ;
(5) Photographic works;
(6) Film works and similar productions Works created using film methods;
(7) Graphic works and model works such as engineering design drawings, product design drawings, maps, schematic diagrams;
(8) Computer software;(9) Other works stipulated by laws and administrative regulations.
Article 4: Copyright owners shall not violate the constitution and laws or harm public interests when exercising their copyrights. The state supervises and manages the publication and dissemination of works in accordance with the law.
Article 5 This Law does not apply to:
(1) Laws, regulations, resolutions, decisions, orders of state agencies and other legislative, Administrative and judicial documents, and their official official translations;
(2) Current affairs news;
(3) Calendars, general numerical tables, general tables and formulas.
Article 6 The copyright protection measures for folk literary and artistic works shall be separately formulated by the State Council.
Article 7 The copyright administrative department of the State Council is responsible for copyright management nationwide; the copyright administrative departments of the people's governments of each province, autonomous region, and municipality directly under the Central Government are responsible for the copyright of their own administrative regions. Management work.
Article 8 Copyright and copyright-related rights holders may authorize a copyright collective management organization to exercise copyright or copyright-related rights. Copyright collective management After the organization is authorized, it can assert rights on behalf of copyright owners and copyright-related rights holders in its own name, and can act as a party in litigation and arbitration activities involving copyright or copyright-related rights.
Copyright collective management organizations are non-profit organizations. Their establishment methods, rights and obligations, collection and distribution of copyright licensing fees, as well as their supervision and management are separately stipulated by the State Council.
Chapter 2 Copyright
Section 1 Copyright Owners and Their Rights
Article 9 Copyright holders include:
(1) Author;
(2) Other citizens, legal persons or other organizations that enjoy copyright in accordance with this law.
Article 10 Copyright includes the following personal rights and property rights:
(1) Right of publication, that is, the right to decide whether the work will be made public;
(2) The right of authorship means the right to indicate the identity of the author and to sign the work;
(3) Right of modification, that is, the right to modify or authorize others to modify the work;
(4) Protect the integrity of the work Rights, that is, the right to protect works from distortion and tampering;
(5) Reproduction rights, that is, the rights to print, copy, rub, record, video, and rip The right to make one or more copies of the work by means of reproduction, reproduction, etc.;
(6) Distribution right, that is, providing the original copy of the work to the public by selling or donating it Or the right to make copies;
(7) The right to rent, that is, to allow others to temporarily use film works, works created by similar methods of filmmaking, and computer software for a fee rights, except for computer software that is not the main subject of the lease;
(8) Exhibition rights, that is, the right to publicly display originals or copies of works of art and photography Rights;
(9) Performance rights, that is, the right to publicly perform works and publicly broadcast the works by various means;
(10) Screening rights, that is, the right to publicly reproduce art, photography, movies, and works created with methods similar to filmmaking through projectors, slide projectors and other technical equipment;
(11) Broadcasting rights, that is, the public broadcast or dissemination of works by wireless means, the dissemination of broadcast works to the public by wired dissemination or rebroadcasting, and the use of loudspeakers or other The right to disseminate broadcast works to the public through similar tools that transmit symbols, sounds, and images;(12) The right to disseminate information network, that is, by wired or wireless means Providing works to the public so that the public can obtain the rights to the works at a time and place of their own choosing;
(13) Filming rights, that is, to make films Or the right to fix the work on a carrier in a similar way to making a movie;
(14) The right to adapt, that is, to change the work and create an original one The right to a new work;
(15) Translation right, that is, the right to convert a work from one language into another language;
(16) Right of compilation, that is, the right to assemble works or fragments of works into new works through selection or arrangement;
(17) Other rights that should be enjoyed by the copyright owner.
The copyright owner may permit others to exercise the rights specified in items (5) to (17) of the preceding paragraph, and receive remuneration in accordance with the agreement or the relevant provisions of this Law.
The copyright owner may transfer all or part of items (5) to (17) of paragraph 1 of this article rights stipulated in this Article, and receive remuneration in accordance with the agreement or the relevant provisions of this Law.
Section 2 Copyright Ownership
Article 11 Copyright belongs to the author, except as otherwise provided in this law.
The citizen who creates the work is the author.
For works hosted by a legal person or other organization, created on behalf of the will of the legal person or other organization, and for which the legal person or other organization assumes responsibility, the legal person or other organization shall be regarded as the author.If there is no proof to the contrary, the citizen, legal person or other organization that signs the work is the author.
Article Article 12 The copyright of works resulting from the adaptation, translation, annotation, and arrangement of existing works shall be enjoyed by the person who adapted, translated, annotated, and arranged them, but the copyright of the original work shall not be infringed upon when exercising the copyright.
Article 13 For a work jointly created by two or more people, the copyright is shared by the 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 can enjoy separate copyrights for the parts they created, but the copyright of the entire collaborative work must not be infringed upon when exercising the copyright.
Article 14 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, but the exercise Copyright shall not infringe upon the copyright of the original work.
Article 15: Film works and works created using methods similar to filmmakingThe rights are owned by the producer, but the screenwriters, directors, photographers, lyrics, composers and other authors have the right to sign and are entitled to receive remuneration according to the contract signed with the producer.
The authors of works such as scripts and music in film works and works created using methods similar to filmmaking that can be used independently have the right to exercise their copyright alone.
Article 16: Works created by citizens to complete the work tasks of legal persons or other organizations are professional works. Except for the provisions of paragraph 2 of this article, the copyright belongs to the author. Enjoy, but legal persons or other organizations have the right to priority use within their business scope. Within two years after the work is completed, the author may not allow a third party to use the work in the same way as the work is used by the unit without the consent of the unit.
For professional works that fall under any of the following circumstances, the author enjoys the right of authorship, and other rights of copyright are enjoyed by legal persons or other organizations. Legal persons or other organizations may reward the author. :
(1) Engineering design drawings and product design drawings that are mainly created using the material and technical conditions of a legal person or other organization, and for which the legal person or other organization assumes responsibility , maps, computer software and other professional works;
(2) Professional works for which the copyright is enjoyed by legal persons or other organizations as stipulated in laws, administrative regulations or contracts.
Article 17: The ownership of the copyright of a commissioned work shall be agreed upon by the client and the trustee through a contract. If there is no express agreement in the contract or no contract has been concluded, the copyright belongs to the trustee.
Article 18 The transfer of ownership of original works of art and other works shall not be regarded as a transfer of the copyright of the work, but the right to exhibition the original works of art shall be enjoyed by the owner of the original work.
Article 19: If the copyright belongs to a citizen, after the death of the citizen, the rights of Article 10, Paragraph 1, Items (5) to (17) of this Law The rights stipulated in this paragraph shall be transferred in accordance with the provisions of the Succession Law during the protection period stipulated in this Law.
If the copyright belongs to a legal person or other organization, after the legal person or other organization is changed or terminated, the rights of the legal person or other organization shall be changed from Article 10, Paragraph 1, Item (5) to Item 5 of this Law. The rights stipulated in Item (17) shall be enjoyed by the legal person or other organization that assumes its rights and obligations during the protection period stipulated in this Law; if there is no legal person or other organization that assumes its rights and obligations, it shall be enjoyed by the state.
ThirdSection: Protection period of rights
Article 20: The protection period of the author's right of signature, right of modification, and right to protect the integrity of the work is not limited.
Article 21: Citizens’ works, their right to publish, Article 10, Paragraph 1, Items (5) to (17) of this Law The protection period of the specified rights is the life of the author and fifty years after his death, ending on December 31 of the fiftieth year after the death of the author; in the case of a collaborative work, the period ends on the fiftieth year after the death of the last author. December 31st.
Works and copyrights (excluding the right of authorship) of legal persons or other organizations are enjoyed by legal persons or other organizations. The right of publication, Article 10 of this Law, The protection period of the rights specified in Items (5) to (17) of this paragraph is fifty years, ending on December 31 of the fiftieth year after the first publication of the work, but within fifty years from the completion of the creation of the work What has not been published will no longer be protected by this law.
The protection period for the rights stipulated in Item (17) is fifty years, ending on December 31, the fiftieth year after the work was first published. However, if the work has not been published within fifty years from the completion of its creation, this law shall not apply. Protect again.
Section 4 Restrictions on Rights
Article 22: Under the following circumstances, works may be used without the permission of the copyright owner and without payment of remuneration, but the name of the author and the title of the work shall be specified, and the rights enjoyed by the copyright owner in accordance with this law shall not be infringed. Other rights:
(1) Use the published works of others for personal study, research or appreciation;
(2) In order to introduce or comment on a certain work or explain a certain issue, appropriately cite the published works of others in the work;
( 3) In order to report current news, it is inevitable to reproduce or quote published works in newspapers, periodicals, radio stations, television stations and other media;
(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast political, economic,Current affairs articles on religious issues, except those where the author declares that they are not allowed to be published or broadcast;
(5) Published or broadcast in newspapers, periodicals, radio stations, television stations and other media Speeches delivered at public gatherings, except those where the author declares that they are not allowed to be published or broadcast;
(6) Translated or copied in small quantities for school classroom teaching or scientific research Published works may be used by teaching or scientific researchers, but shall not be published or distributed;
(7) State agencies use published works within a reasonable scope for the purpose of performing official duties Works;
(8) Libraries, archives, memorial halls, museums, art galleries, etc., make copies of works collected by the library for the purpose of display or preservation of versions;
(9) Free performance of published works, the performance does not charge fees to the public, nor pay remuneration to the performers;
(10) Copying, painting, photographing, and videotaping works of art installed or displayed in outdoor public places;
(11) Translate works written in the Chinese language that have been published by Chinese citizens, legal persons or other organizations into minority languages and publish them domestically;
(12) Convert already published works into Braille for publication.
The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations, and television stations.
Article 23 Textbooks compiled and published for the purpose of implementing the nine-year compulsory education and the national education plan may not be used without permission unless the author declares in advance that they are not allowed to be used. With the permission of the copyright owner, fragments of published works or short literary works, musical works, or single-frame art works or photographic works can be compiled in textbooks, but remuneration must be paid in accordance with regulations, the author's name and the title of the work must be specified, and the copyright owner must not be infringed. Other rights under 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 3 Copyright License and Transfer Contract
Article 24 When using other people’s works, a licensing contract must be concluded with the copyright owner, except where this law stipulates that permission is not required.
The license contract includes the following main contents:
(1) Type of licensed rights;
(2) The right of licensed use is exclusive use right or non-exclusive right of use;
(3) The geographical scope and period of licensed use;
(4) Payment standards and methods;
(5) Liability for breach of contract;
(5) Liability for breach of contract;
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(6) Other contents deemed necessary by both parties.
Article 25 Transfer of this Agreement For the rights stipulated in Items (5) to (17) of Paragraph 1 of Article 10 of the Law, a written contract shall be concluded.
Rights transfer contract includes the following Main contents:
(1) Title of the work;
(2) Transfer rights Category and geographical scope;
(3) Transfer price;
(4) Delivery The date and method of transferring the price;
(5) Liability for breach of contract;
(6 ) Other contents that both parties deem necessary to agree on.
Article 26: If a copyright is pledged, the pledger and the pledgee shall report it to the Copyright Administration of the State Council. The department shall handle the registration of pledge.
Article 27 Rights that are not expressly permitted or transferred by the copyright owner in the license contract and transfer contract shall not be transferred without the consent of the copyright owner. , the other party may not exercise it.
Article 28 The standard of remuneration for using the work may be agreed upon by the parties, or may be determined in accordance with the Copyright Law of the State Council.The administrative department shall pay remuneration according to the remuneration standards established by the administrative department in conjunction with relevant departments. If the agreement between the parties is unclear, remuneration shall be paid in accordance with the remuneration standards formulated by the copyright administrative department of the State Council in conjunction with relevant departments.
Article 29 Publishers, performers, audio and video producers, radio stations, television stations, etc. who use other people’s works in accordance with the relevant provisions of this Law shall not infringe The author's right of authorship, right of modification, right to protect the integrity of the work and the right to receive remuneration.
Chapter 4 Publishing, Performance, Audio and Video Recording, and Playback
Section 1 Books, Publishing of newspapers and periodicals
Article 30: Book publishers who publish books shall enter into a publishing contract with the copyright holder and pay remuneration.
Article 31 The exclusive publishing right enjoyed by a book publisher in accordance with the contract with the work delivered for publication by the copyright holder shall be protected by law, and others may not publish the work. work.
Article 32 The copyright owner shall deliver the work within the time limit specified in the contract. Book publishers shall publish books in accordance with the publishing quality and time limit stipulated in the contract.
If a book publisher fails to publish within the time limit stipulated in the contract, it shall bear civil liability in accordance with the provisions of Article 54 of this Law.
If a book publisher reprints or republishes a work, it shall notify the copyright owner and pay remuneration. If the book publisher refuses to reprint or republish the book after it is out of stock, the copyright owner has the right to terminate the contract.
Article 33 If the copyright holder submits a manuscript to a newspaper or periodical publisher and does not receive a notice from the newspaper publisher within fifteen days from the date of publication of the manuscript, it shall be Or if the manuscript is not notified by the journal within 30 days from the date of publication, the same work can be submitted to other newspapers or periodicals. Unless otherwise agreed by both parties.
After the work is published, unless the copyright owner declares that it is not allowed to be reproduced or excerpted, other newspapers and periodicals may reprint it or publish it as an abstract or information, but the work must be reported to the copyright owner in accordance with regulations. Pay compensation.
Article 34: Book publishers may modify or delete works with the author's permission.
Newspaper and periodical publishers can make textual comments on the works.Modification, deletion. Modifications to the content must be obtained with the permission of the author.
Article 35 Publication of works resulting from the adaptation, translation, annotation, arrangement, and compilation of existing works shall require the adaptation, translation, annotation, arrangement, and The copyright owner of the compilation work and the copyright owner of the original work give permission and pay remuneration.
Article 36: Publishers have the right to permit or prohibit others from using the layout designs of books and periodicals they publish.
The protection period of the rights stipulated in the preceding paragraph is ten years, ending on December 31 of the tenth year after the books or periodicals using the layout design are first published. .
Second Performance
Article 37 Performers who use other people’s works (Actors, performance units) should obtain permission from the copyright holder and pay remuneration. The performance organizer organizes the performance, obtains permission from the copyright holder, and pays remuneration.
To perform a performance using a work produced by adapting, translating, annotating, or organizing existing works, the copyright owner and original author of the adapted, translated, annotated, or compiled work must be obtained. The copyright holder of the work obtains permission and pays remuneration.
Article 38 Performers have the following rights regarding their performances:
(1 ) Indicate the identity of the performer;
(2) Protect the performance image from distortion;
(3) Allow others to broadcast and publicly transmit their live performances, and receive compensation;
(4) Allow others to record or record audio and video recordings, and receive compensation;
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(5) Allow others to copy and distribute audio and video recordings of their performances, and receive compensation;
(6) Allow others to disseminate their performances to the public through information networks and receive remuneration.
The licensee who uses the work in the manner specified in items (3) to (6) of the previous paragraph shall also obtain permission from the copyright owner and pay remuneration.
Article 39 The protection period of the rights stipulated in Items (1) and (2) of Paragraph 1 of Article 38 of this Law is not limited.
The protection period of the rights stipulated in Items (3) to (6) of Paragraph 1 of Article 38 of this Law is fifty years, ending on the fiftieth year after the performance. December 31st.
Section 3 Recording and Video
Article 40 Recording Video producers who use other people’s works to create audio and video products must obtain permission from the copyright owner and pay remuneration.
Audio and video producers use adaptation, translation, annotation, and organization For works produced from existing works, the permission of the copyright owner of the adaptation, translation, annotation, and arrangement of the work and the copyright owner of the original work must be obtained, and remuneration must be paid.
Recording Producers who use musical works that have been legally recorded as phonograms by others to make phonograms may do so without the permission of the copyright holder, but they must pay remuneration in accordance with regulations; any use that the copyright holder states prohibits the use shall not be allowed.
Article 41 When producing audio and video products, a producer of audio and video recordings shall enter into a contract with the performer and pay remuneration.
Article Article 42 Producers of audio and video recordings have the right to permit others to copy, distribute, rent, and disseminate to the public through information networks and receive remuneration for the audio and video products they produce; the protection period of the rights is fifty years, ending with the product. December 31, the fiftieth year after the first production is completed.
The licensee shall also copy, distribute and disseminate the audio and video products to the public through information networks. Obtain permission from the copyright holder and performer, and pay remuneration.
Section 4 Broadcast on Radio and Television Stations
Article 43 Radio stations and television stations that broadcast unpublished works of others must obtain permission from the copyright owner and pay remuneration.
Radio stations, Television stations may broadcast other people’s published works without the permission of the copyright holder, but they must pay remuneration.
Article 44 Radio and television stations broadcast published works Sound recordings may be made without the permission of the copyright owner, but they mustPay compensation. Unless otherwise agreed by the parties. The specific measures by the State Council.
Article 45 Radio and television stations have the right to prohibit the following acts without their permission:
(1) Rebroadcast the radio and television broadcasts;
(2) Record and copy the radio and television broadcasts on audio and video carriers Audiovisual carrier.
The protection period of the rights stipulated in the preceding paragraph is fifty years, ending on December 31 of the fiftieth year after the first broadcast of the radio or television.
Article 46: Television stations that broadcast other people’s film works and works and video products created using methods similar to filmmaking shall obtain the approval from the producers or video producers. The copyright holder's permission must be obtained and remuneration must be paid; when playing other people's video products, permission must be obtained from the copyright holder and remuneration must be paid.
Chapter 5 Legal Liability and Enforcement Measures
Article 47 includes the following infringements Those who commit illegal acts shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:
(1) Publishing without the permission of the copyright owner his/her works;
(2) Publish a work created in collaboration with others as a work created solely by oneself without the permission of the co-author;
(3) Signing someone else’s work for the purpose of seeking personal fame and fortune without participating in the creation;
(4) Distorting or tampering with other people’s works;
(5) Plagiarizing other people’s works;
(6) Without the permission of the copyright owner, use the work for exhibitions, making movies, or using methods similar to making movies, or using the works by adapting, translating, annotating, etc., except as otherwise provided for in this law;
(7) Remuneration should be paid for using other people’s works but has not been paid;
(8) Failure to do so Cinematographic works and works created using methods similar to filmmaking, computer software, audio and video products, or the copyright-related rights holder’s permission to rent out his works or audio and video products, except as otherwise provided for in this law;
(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher;
(10) Without the permission of the performer, Broadcasting or publicly transmitting live performances, or recording performances;
(11) Other acts that infringe upon copyright and copyright-related rights and interests.
Article 48 Anyone who commits the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses; at the same time, the damage shall be If it is in the public interest, the copyright administrative department may order the infringement to cease, confiscate the illegal income, confiscate and destroy the infringing copies, and impose a fine; if the circumstances are serious, the copyright administrative department may also confiscate the materials mainly used to make the infringing copies. Materials, tools, equipment, etc.; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Reproduction, distribution, performance, screening, Broadcasting, compiling, or disseminating his or her works to the public through information networks, except as otherwise provided for in this law;
(2) Publishing works that others have the exclusive right to publish Books;
(3) Copying and distributing audio and video recordings of their performances without the permission of the performers, or disseminating their performances to the public through information networks , except as otherwise provided for in this law;
(4) Copying, distributing, or disseminating the production to the public through information networks without the permission of the producer of audio and video recordings; audio and video recordings, unless otherwise provided for in this law;
(5) Playing or copying radio or television without permission, unless otherwise provided for in this law; Except as provided;
(6) Deliberately avoiding or destroying the copyright owner's works, audio and video products without the permission of the copyright owner or copyright-related rights holder Technical measures taken to protect copyright or copyright-related rights, unless otherwise provided by laws and administrative regulations;
(7) Without the permission of the copyright owner or with the permission of the copyright-related right holder, intentionally delete or changeChanging the rights management electronic information of works, audio and video products, etc., unless otherwise provided by laws and administrative regulations;
(8) Producing and selling counterfeit signatures of others of works.
Article 49 If a copyright or copyright-related rights is infringed, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, Compensation can be provided based on the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the people's court shall, based on the circumstances of the infringement, award a compensation of not more than 500,000 yuan. .
Article 50 If the copyright owner or copyright-related right holder has evidence to prove that others are committing or about to commit acts that infringe upon their rights, if they do not stop them in time, they will If it will cause irreparable damage to their legitimate rights and interests, they may apply to the People's Court to take measures to order the cessation of relevant actions and property preservation before filing a lawsuit.
When the People's Court handles the application in the preceding paragraph, Articles 93 to 96 and 99 of the Civil Procedure Law of the People's Republic of China shall be applied Provisions.
Article 51: In order to stop infringement, if the evidence may be lost or difficult to obtain in the future, the copyright owner or copyright-related rights holder may Apply to the People's Court for evidence preservation before prosecution.
After the people's court accepts the application, it must make a ruling within 48 hours; if it decides to take preservation measures, it should begin implementation immediately.
The People's Court may order the applicant to provide a guarantee. If the applicant fails to provide a guarantee, the application shall be rejected.
If the applicant does not file a lawsuit within fifteen days after the People's Court takes preservation measures, the People's Court shall lift the preservation measures.
Article 52: When the People's Court hears cases and infringes on copyright or copyright-related rights, it may confiscate illegal gains, infringing copies and illegal activities of property.
Article 53 If the publisher or producer of the copy cannot prove that it has legal authorization for its publication or production, the publisher of the copy or the film work orIf a lessor of copies of works, computer software, or audio and video products created using methods similar to filmmaking cannot prove that the copies they distribute or rent have legal sources, they shall bear legal liability.
Article 54 If a party fails to perform its contractual obligations or the performance of its contractual obligations does not meet the agreed conditions, it shall be governed by the General Principles of the Civil Law of the People's Republic of China and the Contract Law and other relevant laws provide for civil liability.
Article 55 Copyright disputes can be mediated, or they can apply to an arbitration institution for arbitration based on the written arbitration agreement reached by the parties or the arbitration clause in the copyright contract.
If the parties do not have a written arbitration agreement and have not entered into an arbitration clause in the copyright contract, they may directly file a lawsuit in the People's Court.
Article 56 If the party concerned is dissatisfied with the administrative penalty, he may file a lawsuit with the People's Court within three months from the date of receipt of the administrative penalty decision. If neither prosecution nor performance is instituted, the copyright administrative department may apply to the People's Court for enforcement.
Chapter Six Supplementary Provisions
Article 57 The copyright referred to in this Law is copyright.
Article 58 The publication mentioned in Article 2 of this Law refers to the reproduction and distribution of works.
Article 59: Measures for the protection of computer software and information network dissemination rights shall be separately formulated by the State Council.
Article 60 The rights of copyright owners and publishers, performers, audio and video producers, radio stations, and television stations stipulated in this Law shall not be subject to the implementation of this Law. If the date has not exceeded the protection period stipulated in this Law, it shall be protected in accordance with this Law.
Infringement or breach of contract that occurred before the implementation of this law shall be handled in accordance with the relevant regulations and policies at the time when the infringement or breach of contract occurred.
Article 61 This Law shall come into effect on June 1, 1991.
The above is the full text of the "Copyright Law" compiled by the editor of the Legal Savior Network. You are welcome to consult the Legal Savior Network.
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