著作权法 (英文版)copyright law
中国人民共和国著作权法实施条例——英文版
中国人民共和国著作权法实施条例——英文版Regulations for the Implementation of the Copyright Law of the People's Republic of China (Promulgated by Decree No. 359 of the State Council of the People's Republic of China on August 2, 2002, and effective as of September 15, 2002)Article 1These Regulations are formulated in accordance with the Copyright Law of the People's Republic of China (hereinafter referred to as "the Copyright Law").Article 2The term "works" as referred to in the Copyright Law means intellectual creations withoriginality in the literary, artistic or scientific domain, insofar as they can be reproduced in a tangible form.Article 3The term "creation" as referred to in the Copyright Law means intellectual activities inwhich literary, artistic or scientific works are directly created.Any organizational activity, consultation, material support or other auxiliary services conducted or offered for another person's creation shall not be deemed as creation.Article 4For the purposes of the Copyright Law and these Regulations, the following expressions concerning works shall have the meanings hereunder assigned to them:(1) "written works" means works expressed in written form, such as novels, poems, essays andtheses;(2) "oral works" means works expressed in form of spoken language, such as impromptu speeches,lectures and court debates;(3) "musical works" means such works as songs and symphonic works, with or withoutaccompanying words, which can be sung or performed;(4) "dramatic works" means such works as dramas, operas and local traditional operas for stageperformance;(5) "qu yi works" means such works as "xiang sheng" (cross talk), "kuai shu" (clapper talk), "da gu"(ballad singing with drum accompaniment) and "ping shu" (story telling based on novels), which are mainly performed by recitation or singing, or by both;(6) "choreographic works" means works in which ideas and feelings are or can be expressedthrough successive body movements, gestures, facial movements, etc;(7) "acrobatic works" means works expressed through body movements and skills, such asacrobatics, magic and circus;(8) "works of fine arts" means two- or three-dimensional works of the plastic arts created in lines,colours or other media which impart aesthetic effect, such as paintings, works of calligraphy and sculptures;(9) "works of architecture" means works with aesthetic effect which are expressed in form of buildings or structures;(10) "photographic works" means artistic works created by recording images of objects onlight-sensitive or other materials with the aid of devices;(11) "cinematographic works and works created by a process analogous to cinematography" means works which are recorded on some material, consisting of a series of images, with or without accompanying sound, and which can be projected with the aid of suitable devices or communicated by other means;(12) "graphic works" means such works as drawings of engineering designs and product designs for the purpose of actual construction and manufacturing, and as maps and sketches showing geographical phenomena and demonstrating the fundamentals or the structure of a thing or an object;(13) "model works" means three-dimensional works made on the basis of the shape and the structure of an object to a certain scale, for the purpose of display, test or observation.Article 5For the purposes of the Copyright Law and these Regulations, the following expressions shall have the meanings hereunder assigned to them:(1) "news on current affairs" means the mere facts or happenings conveyed through the media such as newspapers, periodicals and radio and television programmes;(2) "sound recordings" means aural fixations of sounds of performances or of other sounds;(3) "video recordings" means fixations of a connected series of related images or pictures, with or without accompanying sounds, other than cinematographic works and works created by a process analogous to cinematography;(4) "producer of sound recordings" means the person who first makes the sound recordings;(5) "producer of video recordings" means the person who first makes the video recordings;(6) "performer" means an actor, or a performing group or any other person who performs literary or artistic works.Article 6A copyright shall subsist on the date when a work is created.Article 7Works of foreigners or stateless persons first published in the territory of China, as provided in the third paragraph of Article 2 of the Copyright Law, shall be protected from the date of the first publication of the works.Article 8Where a work of a foreigner or a stateless person first published outside the territory of China is published in the territory of China within 30 days thereafter, it shall be deemed published simultaneously in the territory of China.Article 9Where a work of joint authorship cannot be separated into parts and exploited separately, the copyright therein shall be enjoyed by the co-authors and exercised under a unanimous agreement; where an agreement thereupon cannot be reached through consultation, any party may not, without justifications, prevent the other party or parties from exercising the copyright, except the transfer right; however, the gains thus obtained shall be distributed reasonably among all the co-authors.Article 10Where a copyright owner authorizes another person to make, based on his works, cinematographic works or works created by a process analogous to cinematography, it is deemed that he has permitted him to make necessary alteration of his works, insofar as such alteration does not distort or mutilate the original works.Article 11The term "tasks" as referred to in the first paragraph of Article 16 of the Copyright Law regarding a work created in the course of employment means the duties the citizen shall fulfill in the legal person or organization by which he is employed.The term "material and technical resources" as referred to in the second paragraph of Article 16 of the Copyright Law regarding a work created in the course of employment means the funds, equipment or materials purposely provided to the citizen by the legal person or organization by which he is employed for the creation of a work.Article 12Where, within two years after the completion of a work created in the course of employment, the author, with the consent by the entity he belongs to, authorizes a third party to exploit his work in the same manner as the entity may have, the remuneration obtained therefrom shall be divided between the author and the entity according to the agreed proportions.The period of two years after the completion of the work shall be calculated from the date on which the author submits the work to the entity.Article 13In the case of a work of an unidentified author, the copyright, except the right of authorship, shall be exercised by the owner of the original copy of the work. Where the author is identified, the copyright shall be exercised by the author or his successor.Article 14Where one of the co-authors of a work dies without any successor or legatee, the rights he enjoyed in the work as stipulated in subparagraphs (5) through (17) of the first paragraph of Article 10 of the Copyright Law shall be exercised by the other co-authors.Article 15The right of authorship, the right of revision and the right of integrity included in a copyright shall, after the death of the author, be protected by his successor or legatee.In the absence of a successor or legatee, the right of authorship, the right of revision and the right of integrity included in a copyright shall be protected by the administrative departments for copyright.Article 16The exploitation of a work the copyright in which is enjoyed by the State shall be managed by the administrative department for copyright of the State Council.Article 17In the case of a posthumous work, the right of publication may be exercised by the author's successor or legatee within a period of 50 years after the death of the author, unless the author had expressly stated otherwise. In the absence of a successor or legatee, the said right shall be exercised by the owner of the original copy of the work.Article 18In the case of a work of an unidentified author, the term of protection for the rights of such an author as provided in subparagraphs (5) through (17) of the first paragraph of Article 10 of the Copyright Law shall expire on December 31 of the 50th year after the first publication of the work. The provisions of Article 21 of the Copyright Law shall be applicable after the author of the work has been identified.Article 19Anyone who exploits another person's work shall clearly indicate the name of the author and the title of the work, except where the parties agree otherwise or the indication cannot be undertaken due to the special characteristic of the manner of exploiting the work.Article 20The term "published work" as referred to in the Copyright Law means a work which has been made available to the public by the copyright owner himself or under his permission.Article 21The exploitation of a published work which may be exploited without permission from the copyright owner in accordance with the relevant provisions of the Copyright Law shall not impair the normal exploitation of the work concerned, nor unreasonably prejudice the legitimate interests of the copyright owner.Article 22The rates of remuneration for the exploitation of works in accordance with the provisions of Article 23, the second paragraph of Article 32 and the third paragraph of Article 39 of the Copyright Law shall be fixed and issued by the administrative department for copyright of the State Council jointly with the competent department for pricing of the State Council.Article 23Anyone who exploits another person's work shall conclude a licensing contract with the copyright owner, and the contract shall be made in written form insofar as the right licensed for exploiting the work has an exclusive nature, except where the work is to be published in a newspaper or a periodical.Article 24The contents of an exclusive right of exploitation provided in Article 24 of the Copyright Law shall be agreed upon by the contract. In the absence of such an agreement or of any clear agreement thereupon in the contract, it shall be deemed that the licensee has the right to prevent any other person, including the copyright owner himself, from exploiting the work in the same manner; unless otherwise agreed in the contract, the sublicensing of the same right to a third party by the licensee shall be subject to the permission from the copyright owner.Article 25An exclusive licensing contract and a copyright transfer contract concluded with the copyright owner may be filed with the administrative departments for copyright for the record.Article 26The term "rights and interests related to copyright" as referred to in the Copyright Law and these Regulations means the rights enjoyed by publishers in the typographical designs of their books or periodicals, the rights enjoyed by performers in their performances, the rights enjoyed byproducers of sound and video recordings in their sound and video recordings, and the rights enjoyed by radio and television stations in their broadcasting programmes.Article 27Publishers, performers, producers of sound and video recordings, and radio and television stations, in the course of exercising their rights, shall not prejudice the rights of the copyright owners in the works being exploited and in the original works.Article 28Where it is agreed in a book publishing contract that the book publisher enjoys an exclusive publishing right but its particular contents are not specified, it shall be deemed that the book publisher has the exclusive right to publish a book in the same language and in the form of original or revised version, within the term of validity of the contract and the territory defined by the contract.Article 29If two separate subscription forms mailed by the copyright owner to the book publisher are still not able to be fulfilled within six months, it shall be deemed that the stock of the book is exhausted as referred to in Article 31 of the Copyright Law.Article 30Where a copyright owner declares in accordance with the second paragraph of Article 32 of the Copyright Law that no reprinting or excerpting of his work is permitted, he shall append such a declaration to the work when it is published in a newspaper or a periodical.Article 31Where a copyright owner declares in accordance with the third paragraph of Article 39 of the Copyright Law that no making of sound recordings of his work is permitted, he shall make such a declaration when his work is legally recorded.Article 32To exploit another person's work in accordance with the provisions of Article 23, the second paragraph of Article 32 and the third paragraph of Article 39 of the Copyright Law, the exploiter shall pay remuneration to the copyright owner within two months from the date of exploitation of the said work.Article 33Performances by foreigners or stateless persons in the territory of China shall be protected by the Copyright Law.The rights enjoyed by foreigners or stateless persons in their performances under the international treaties to which China has already acceded shall be protected by the Copyright Law.Article 34Sound recordings produced and distributed by foreigners or stateless persons in the territory of China shall be protected by the Copyright Law.The rights enjoyed by foreigners or stateless persons in the sound recordings produced and distributed by them under the international treaties to which China has acceded shall be protected by the Copyright Law.Article 35The rights enjoyed by foreign radio and television stations in their broadcasting programmes under the international treaties to which China has acceded shall be protected by the Copyright Law.Article 36Where any act of infringement is committed as enumerated in Article 47 of the Copyright Law, which also prejudices the social or public interests, the administrative department for copyright may impose a fine of not more than three times the volume of the illegal business; where the volume of illegal business is difficult to calculate, a fine of not more than 100,000 yuan may be imposed.Article 37Where any act of infringement is committed as enumerated in Article 47 of the Copyright Law, which also prejudices the social or public interests, the administrative department for copyright of the local people's government shall be responsible for the investigation into and dealing with such an act.The administrative department for copyright of the State Council may investigate into and deal with any act of infringement that is of nationwide effect.Article 38These Regulations shall be effective on September 15, 2002. The Regulations for the Implementation of the Copyright Law of the People's Republic of China, which were approved by the State Council on May 24, 1991 and promulgated by the National Copyright Administration on May 30, 1991, shall be abolished at the same time.。
英国版权法背景
Copyright law of the United KingdomFrom Wikipedia, the free encyclopediaJump to: navigation, searchThe copyright law of the United Kingdom governs the legally enforceable rights to creative and artistic works under the laws of the United Kingdom (UK). Modern copyright law originated in the UK with the 1709 Statute of Anne, the first copyright statute. Its full title was "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned". The UK is a common law country and copyright law is subject to statutory law as well as case law. The Copyright, Designs and Patents Act 1988 (as amended) is the basis of current copyright law in the UK (i.e. Northern Ireland, Wales, England, and Scotland). It came into force on 1 August 1989, save for some minor provisions that were brought into force in 1990 and 1991. A number of amendments have been made to implement various EU directives.Essentially, the 1988 Act and amendments establish that the author's copyright in most published works lasts until 70 years after the death of the author, if his identity is known; otherwise until 70 years after the work was first published (fifty years for computer-generated works).Contents[hide]∙ 1 Historyo 1.1 Stationers' Companyo 1.2 The Statute of Anne, the Copyright Act 1709▪ 1.2.1 Draft bill▪ 1.2.2 Substance of the act▪ 1.2.3 Authors rights▪ 1.2.4 Justification for copyrighto 1.3 Battle of the booksellerso 1.4 Donaldson v Becketto 1.5 19th Century extension of copyrighto 1.6 Berne Conventiono 1.7 The Copyright Act 1911o 1.8 The Copyright Act 1956o 1.9 The Copyright, Designs and Patents Act 1988∙ 2 Criticisms and proposed changes∙ 3 Orphan works∙ 4 See also∙ 5 References∙ 6 Links to legislationo 6.1 Original Legislationo 6.2 Amending Statutory Instrumentso 6.3 Instruments Extending Legislation to British Possessionso 6.4 Regulations Made via Statutory Instrument Under the Acto 6.5 Amending Actso 6.6 Commencement Orderso 6.7 Superseded legislationo 6.8 Superseded legislation∙7 References∙8 External linkso8.1 Copyright length charts[edit] History[edit] Stationers' CompanyMain article: Stationers' CompanyThe Stationers' Company MarkFirst page of John Milton's 1644 edition of Areopagitica, in it he argued forcefully against the Licensing Order of 1643, noting that such censorship had never been a part of classical Greek and Roman society.The origins of copyright law in most European countries lies in efforts by governments to regulate and control the output of printers. The technology of printing was invented and widely established in the 15th and 16th centuries. Before the printing press a writing, once created, could only be physically multiplied by the highly laborious anderror-prone process of manual copying out. Printing allowed for multiple exact copies of a work, leading to a more rapid and widespread circulation of ideas and information. Works of dissent and criticism could also circulate rapidly and as a consequence, governments established controls over printers across Europe, requiring them to have official licences to trade and produce books. The licenses typically gave printers theexclusive right to print particular works for a fixed period of years, and enabled the printer to prevent others from printing the same work during that period. The licenses could only grant rights to print in the territory of the state that had granted them, but they did usually prohibit the import of foreign printing.[1]In England the printers, known as stationers, formed a collective organisation, the Stationers' Company. In the 16th century the Stationers' Company was given the power to require all lawfully printed books to be entered into its register. Only members of the Stationers' Company could enter books into the register. This meant that the Stationers' Company achieved a dominant position over publishing in 17th century England (no equivalent arrangement formed in Scotland and Ireland).[1]But the monopoly, granted to the Stationers' Company through the Licensing Act 1662, came to an end when parliament decided to not renew the Act after it lapsed in May 1695.[1][2][edit] The Statute of Anne, the Copyright Act 1709Main article: Statute of AnneThe Statute of Anne came into force in 1710In 1707 the parliaments of England and Scotland were united as a result of the Anglo-Scottish Union. The new parliament was able to change the laws in both countries and an important early piece of legislation was the Copyright Act of 1709, also known as the Statute of Anne, after Queen Anne. The act came into force in 1710 and was the first copyright statute. Its full title was "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned".[1][edit] Draft billThe draft bill of the Statute of Anne underwent considerable changes during its passage through the House of Parliament, with the House of Lords making the most significant amendments. The original draft bill was only six clauses long and drew heavily on the Licensing Act 1662. It forbade the printing, reprinting or import of any book which “any author shall here after compose or write” or which any bookseller or printer purchased or acquired from the author, subject to financial penalties. The first draft bill also required registration with the Stationers' Company prior to publication, as well as requiring a deposit of the book for the King’s Library and that of Oxford and Cambridge. The draft bill furthermore proposed a system of controlling the cost of books published at “too high or unreasonable” a price. According to the draft bill anyone was free to import and sell any “classics” originally printed “beyond the seas”.[3]The draft bill’s preamble and first section placed the emphasis on the “copy of a book” as a clearly recognisable form of property, equal in status to any other tangible or estate. The original draft bill did not propose any limits to the term of protection of such property.[3]The draft bill’s title and preamble were subject to significant change, both were reduced in length and confined to the “encouragement of learned men to compose and write useful books". In exchange for the continuous production of books, the draft bill was amended to offer the “sole right and liberty of printing”, i.e. the right to copy or reproduce. The idea of perpetual rights was dropped and a limited copyright term introduced.[3][edit] Substance of the actThe long title of the Statute of Anne, as passed by parliament, was "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned".[4] The coming into force of the Statute of Anne in April 1710 marked a historic moment in the development of copyright law. As the world's first copyright statute it granted publishers of a book legal protection of 14 years with the commencement of the statute. It also granted 21 years of protection for any book already in print.[2] The 14 year copyright term could be renewed for another 14 if the author was still alive after the first term expired.[5]The statute determined that the "copy" was the "sole liberty of printing and reprinting" a book and this liberty could be infringed by any person who printed, reprinted or imported the book without consent. Those infringing copyright had to pay a fine of one penny for every sheet of the book, one moiety of which went to the author, the other to the Crown. In today’s term s this was a considerable fine. In addition the book in question was to be destroyed. Leaving in place the existing system ofregistration, the statute specified that action against infringement could only be brought if the title had been entered in the register at the Stationers' Company before publication.[5]The formal requirements of registration enabled users to locate the owners of copyrighted works. The requirement for copies of published books to be deposited in university libraries ensured that there was public access to copyrighted works.[4][edit] Authors rightsThe statute was the first to recognise the legal right of authorship,[5] but it did not provide a coherent understanding of authorship or authors' rights. While the statute established the author as legal owner, and so providing the basis for the development of authors' copyright, it also provided a 21 year copyright term to books already in print. At the end of the 21 years granted by the statute the concept of literary property was still a booksellers' rather than an author' concern, as most authors continued to sell their works outright to booksellers.[6] Given that the statute primarily intended to encourage public learning and to regulate the book trade, any benefits for authors in the statute were incidental. Throughout the 18th century, at the encouragement of the booksellers, rather than the authors, an understanding emerged that copyright originated in author's rights to the product of his labour. Thus it was argued that the primary purpose of copyright was to protect authors' rights, not the policy goal of encouraging public learning.[7][edit] Justification for copyrightCompared with the 15 years following the non-renewal of the Stationers' Company's monopoly, when there was no legal protection available to the book trade, the statute provided London booksellers with relative security. Booksellers had lobbied parliament as the statute was drafted and the statute did provide a property in books to bring stability to the book trade. But it also introduced measures designed to ensure that no monopolistic abuse could be established in the book trade.[2] The Statute of Anne had a much broader social focus and remit than the monopoly granted to the Stationers' Company. The statute was concerned with the reading public, the continued production of useful literature, and the advancement and spread of education. The central plank of the statute is a social quid pro quo; to encourage "learned men to compose and write useful books" the statute guaranteed the finite right to print and reprint those works. It established a pragmatic bargain involving authors, the booksellers and the public.[8] The Statute of Anne ended the old system whereby only literature that met the censorship standards administers by the booksellers could appear in print. The statute furthermore createda public domain for literature, as previously all literature belonged to the booksellers forever.[9][edit] Battle of the booksellersWhen the statutory copyright term provided for by the Statute of Anne began to expire in 1731 London booksellers fought to defend their dominant position by seeking injunctions from the Court of Chancery for works by authors that fell outside the statute's protection. At the same time the London booksellers lobbied parliament to extend the copyright term provided by the Statute of Anne. Eventually, in a case known as Midwinter v. Hamilton (1743–1748), the London booksellers turned to common law and started a 30 year period known as the battle of the booksellers. The battle of the booksellers saw London booksellers locking horns with the newly emerging Scottish book trade over the right to reprint works falling outside the protection of the Statute of Anne. The Scottish booksellers argued that no common law copyright existed in an author's work. The London booksellers argued that the Statute of Anne only supplemented and supported a pre-existing common law copyright. The dispute was argued out in a number of notable cases, including Millar v. Kincaid (1749–1751) and Tonson v. Collins (1761–1762).[10]An anonymous pamphleteer protested against the lobbying of the booksellers for an extension of the copyright term set by the Statute of Anne in 1735, writing:"I see no reason for granting a further term now, which will not hold as well for granting it again and again, as often as the old ones expire... it will in effect be establishing a perpetual monopoly, a thing deservedly odious in the eye of the law; it will be a great cramp to trade, a discouragement to learning, no benefit to authors, but a general tax on the public; and all this only to increase the private gain of booksellers."[11]The question of whether copyright term is limited or perpetual is of central importance to the understanding of copyright. The Statute of Anne was primarily legislation to regulate the book trade, intended to separate rights in copies from censorship. While its rational was not to protect authors, the statute thought to encourage public learning and providing a structure to the book trade that would limit the Stationers' Company's economic monopoly.[12][edit] Donaldson v BeckettMain article: Donaldson v BeckettWhen Donaldson v Beckett reached the House of Lords in 1774 only one Lord, Lord Lyttelton, spoke in favour of common law copyright. Lord Camden was most strident in his rejection of the common law copyright, warning the Lords that should they vote in favour of common law copyright, effectively a perpetual copyright, "all our learning will be locked up in the hands of the Tonsons and the Lintots of the age". Moreover he warned that booksellers would then set upon books whatever price they pleased "till the public became as much their slaves, as their own hackney compilers are". He declared that "Knowledge and science are not things to be bound in such cobweb chains."[13]In its ruling the House of Lords established that copyright was a "creature of statute", and that the rights and responsibilities in copyright were determined by legislation.[4] There is however still disagreement over whether the House of Lords affirmed the existence of common law copyright before it was superseded by the Statute of Anne. The Lords had traditionally been hostile to the booksellers' monopoly and were aware of how the doctrine of common law copyright, promoted by the booksellers, was used to support their case for a perpetual copyright. The Lords clearly voted against perpetual copyright,[14]and eventually an understanding was established whereby authors had a pre-existing common law copyright over their work, but that with the Statute of Anne parliament had limited these natural rights in order to strike a more appropriate balance between the interests of the author and the wider social good.[15] According to Patterson and Livingston there remains confusion about the nature of copyright ever since. Copyright has come to be viewed as a natural law right of the author as well as the statutory grant of a limited monopoly. One theory holds that copyright's origin occurs at the creation of a work, the other that it origin exists only through the copyright statute.[16]Donaldson v Beckett had a fundamental influence on the development of copyright law during the subsequent centuries. The case highlighted the conflict between common law and statutory law. In Jefferys v Boosey, Pollock CB stated that: "Copyright is altogether an artificial right, not naturally an unnecessarily arising out of the social rules that ought to prevail amongst mankind, but a creature of municipal laws of each country, to be enjoyed for such time under such regulations as laws of each state may direct."[17][edit] 19th Century extension of copyrightIn the 200 years following the Statute of Anne UK copyright law was developed through piecemeal legislation, which gradually increased the types of work protected by copyright. Technologic developments provideda continuous impetus to the extension of copyright during the 19th Century. Developments in printing allowed for an increasing number of works to be printed easily and cost effectively. In parallel creative works acquired a growing commercial value, with copyright becoming an asset that was worth protecting.[17]The Copyright Act 1814 gave the author the sole right to print a work for 28 years from the first day of publication, and if the author was still alive when the term expired, the right of publication could be extended for the rest of the author's life. The duration of copyright was increased again with the Copyright Act 1842 to the life of the author plus 7 years, or 42 years from the first date of publication, whichever was longer. Posthumously published works were provided with a 42 year copyright term. Registration at the Stationers Hall was no longer compulsory, though it was still a precondition for bringing any action on the grounds of copyright infringement.[17]The performance of dramatic work was classed as restricted under the Copyright Act 1833, also known as Bulmer Lyttons Act. The act established the exclusive right of public performance for 28 years, which could be extended to the life of the author. The Copyright Act 1842 established a similar protection for the performance of music works, and the copyright term provided was extended to the level of protection offered to literary works. The type of works protected was extended considerably, but the different statutes had not created a unified system.[17]The Married Women's Property Act 1870 and 1882 effectively extended copyright to the creative works of married women, whereas before then it passed to the husband on marriage under the doctrine of coveur. This was where she forefeited her identity and became the property of her husband.In 1875 a Royal Commission was formed to address the problem of disjointed copyright law. It published its report in 1878, finding that:"The law is wholly destitute in any sort of arrangement, incomplete, often obscure, and even when it is intelligible upon long study, it is in many parts so ill-expressed that no-one who does not give such study to it can expect to understand it."[17][edit] Berne ConventionIn 1886 the first international treaty of copyright law was established, the Berne Convention for the Protection of Literary and Artistic Works. As a multilateral agreement the Berne Convention established reciprocalcopyright protection in member states so long as the author is connected with a member state or the work was first published in a member state. The UK signed the Berne Convention and passed the International Copyright Act 1886 for Great Britain in order to fulfil the obligations to foreign authors that arose upon the UK ratifying the Berne Convention on September 1887. The Berne Convention was first revised in 1908 and a Committee was appointed to Parliament on necessary changes to UK law as a result of the provision. The Committee recommended for the existing Copyright Act to be revised, leading to the Copyright Act 1911.[17][edit] The Copyright Act 1911Main article: Copyright Act 1911In the two centuries after the Statute of Anne of 1709, which afforded copyright protection to books, other works were afforded copyright protection either through case law, as in the case of music, or through Acts of Parliament, as in the case of engravings, paintings, drawings and photographs.[18] The Copyright Act 1911 attempted to consolidate the various branches of existing acts into a coherent system and abolish common law copyright.[17] The Copyright Act 1911 consolidated previous copyright statutes, such as the Engraving Copyright Act 1734 and the Fine Arts Copyright Act 1862.[19]Apart from minor exceptions the Copyright Act 1911 repeals all previous copyright legislation and established a single statute for all copyrighted work. It abolished the need for registration at the Stationers' Hall and provided that copyright is established upon the creation of a work. However, the Copyright Act 1911 was brought into force at different times in the Commonwealth, hence entry at Stationers' Hall continued to be required in some Commonwealth countries for years after 1911.[20] The Act also stated that copyright arose in the act of creation, not the act of publishing.[17]The UK implemented the Berne Convention in the 1911 Act, which abolished the common law copyright in unpublished works and responded to technological developments by conferring copyright on a new type of works not mentioned in the Berne Convention, namely sound recordings.[21] The scope of copyright was further widened and producers of sound recordings were granted the exclusive right to prevent other reproducing their recordings, or playing them in public. The act provided that the copyright in literary, dramatic and music works could be infringed by the making of a film or other mechanical performance incorporating the copyrighted works.[17][edit] The Copyright Act 1956Main article: Copyright Act 1956The Copyright Act 1956 was passed in order to bring UK copyright law in line with international copyright law and technological developments.[17] The main changes which it introduced were the lengthening and simplifying of the copyright term, creating a uniform period of protection of the lifetime of the author plus fifty years thereafter.[edit] The Copyright, Designs and Patents Act 1988Main article: Copyright, Designs and Patents Act 1988The latest UK copyright act is the Copyright, Designs and Patents Act 1988, which includes copyright, patents and registered designs.[17][edit] Criticisms and proposed changesA 2006 survey carried out for the National Consumer Council indicated that over half of British adults infringe copyright law by copying music CDs, with 59% stating a belief that copying for personal use is legal.[22] In 2006 The Institute for Public Policy Research called for a "public right to copy".[23] In December 2006 Gowers Review of Intellectual Property was published, and the government began a public consultation period on proposals to legalise personal copying. In January 2008 the government proposed changes to copyright law that would legalise format shifting for personal use under some limited circumstances.[24]British Copyright law has been criticised as needlessly strict and out of date by consumer advocacy groups. In a 2009 study Consumers International found it the least consumer-friendly from all 16 countries whose laws they examined, due to the aforementioned illegality of copying purely for personal use.[25][edit] Orphan worksAn orphan work is a work which is under copyright protection but it is difficult or impossible to contact the copyright owner. The original creator may be unknown, or where the creator is known it is unknown whorepresents them. In 2008 the Libraries and Archives Copyright Alliance provided the following example of orphan works in the UK:[26]A common example... in libraries as well as archives... is documentary photographs. The vast majority of documentary photographs have no identification of the author or the press agency or something of that sort; you simply have a photograph of a city street which lots of people want to print but there is no way of identifying the rightsholder.[26]According to the British Academy orphan works posed a considerable problem for academic researchers, particularly in the humanities and social sciences. The British Academy in 2008 stated that it believes that the majority of copyright works have little commercial value after a few years from publication because the material was out of print, or sales were negligible or not significant. It described the orphan works problem as "unsurprising", since if a copyright remains valuable the holder has a strong incentive to make him or herself known, while if the copyright has little value the holder has no real incentive even to respond to enquiries."[26]The Gowers Review of Intellectual Property, published in December 2006 recommended a "copyright exceptions"-based solution which would allow the publication of a work if the author could not be ascertained by reasonable enquiry. A 2007 report by the UK Intellectual Property Office, the 2007 IPO Review, recommended that the UK Copyright Tribunal should be responsible for granting licenses for the use of orphan works.[26]。
中国人民共和国著作权法实施条例――英文版.
中国人民共和国著作权法实施条例——英文版Regulations for the Implementation of the Copyright Law of the People's Republic of China (Promulgated by Decree No. 359 of the State Council of the People's Republic of China on August 2, 2002, and effective as of September 15, 2002Article 1These Regulations are formulated in accordance with the Copyright Law of the People's Republic of China (hereinafter referred to as "the Copyright Law".Article 2The term "works" as referred to in the Copyright Law means intellectual creations withoriginality in the literary, artistic or scientific domain, insofar as they can be reproduced in a tangible form.Article 3The term "creation" as referred to in the Copyright Law means intellectual activities inwhich literary, artistic or scientific works are directly created.Any organizational activity, consultation, material support or other auxiliary services conducted or offered for another person's creation shall not be deemed as creation.Article 4For the purposes of the Copyright Law and these Regulations, the following expressions concerning works shall have the meanings hereunder assigned to them:(1 "written works" means works expressed in written form, such as novels, poems, essays andtheses;(2 "oral works" means works expressed in form of spoken language, such as impromptu speeches,lectures and court debates;(3 "musical works" means such works as songs and symphonic works, with or withoutaccompanying words, which can be sung or performed;(4 "dramatic works" means such works as dramas, operas and local traditional operas for stageperformance;(5 "qu yi works" means such works as "xiang sheng" (cross talk, "kuai shu" (clapper talk, "da gu"(ballad singing with drum accompaniment and "ping shu" (story telling based on novels, which are mainly performed by recitation or singing, or by both;(6 "choreographic works" means works in which ideas and feelings are or can be expressedthrough successive body movements, gestures, facial movements, etc;(7 "acrobatic works" means works expressed through body movements and skills, such asacrobatics, magic and circus;(8 "works of fine arts" means two- or three-dimensional works of the plastic arts created in lines,colours or other media which impart aesthetic effect, such as paintings, works of calligraphy and sculptures;(9 "works of architecture" means works with aesthetic effect which are expressed in form of buildings or structures;(10 "photographic works" means artistic works created by recording images of objects onlight-sensitive or other materials with the aid of devices;(11 "cinematographic works and works created by a process analogous to cinematography" means works which are recorded on some material, consisting of a series of images, with or without accompanying sound, and which can be projected with the aid of suitable devices or communicated by other means;(12 "graphic works" means such works as drawings of engineering designs and product designs for the purpose of actual construction and manufacturing, and as maps and sketches showing geographical phenomena and demonstrating the fundamentals or the structure of a thing or an object;(13 "model works" means three-dimensional works made on the basis of the shape and the structure of an object to a certain scale, for the purpose of display, test or observation.Article 5For the purposes of the Copyright Law and these Regulations, the following expressions shall have the meanings hereunder assigned to them:(1 "news on current affairs" means the mere facts or happenings conveyed through the media such as newspapers, periodicals and radio and television programmes;(2 "sound recordings" means aural fixations of sounds of performances or of other sounds;(3 "video recordings" means fixations of a connected series of related images or pictures, with or without accompanying sounds, other than cinematographic works and works created by a process analogous to cinematography;(4 "producer of sound recordings" means the person who first makes the sound recordings;(5 "producer of video recordings" means the person who first makes the video recordings;(6 "performer" means an actor, or a performing group or any other person who performs literary or artistic works.Article 6A copyright shall subsist on the date when a work is created.Article 7Works of foreigners or stateless persons first published in the territory of China, as provided in the third paragraph of Article 2 of the Copyright Law, shall be protected from the date of the first publication of the works.Article 8Where a work of a foreigner or a stateless person first published outside the territory of China is published in the territory of China within 30 days thereafter, it shall be deemed published simultaneously in the territory of China.Article 9Where a work of joint authorship cannot be separated into parts and exploited separately, the copyright therein shall be enjoyed by the co-authors and exercised under a unanimous agreement; where an agreement thereupon cannot be reached through consultation, any party may not, without justifications, prevent the other party or parties from exercising the copyright, except the transfer right; however, the gains thus obtained shall be distributed reasonably among all the co-authors.Article 10Where a copyright owner authorizes another person to make, based on his works, cinematographic works or works created by a process analogous tocinematography, it is deemed that he has permitted him to make necessary alteration of his works, insofar as such alteration does not distort or mutilate the original works.Article 11The term "tasks" as referred to in the first paragraph of Article 16 of the Copyright Law regarding a work created in the course of employment means the duties the citizen shall fulfill in the legal person or organization by which he is employed.The term "material and technical resources" as referred to in the second paragraph of Article 16 of the Copyright Law regarding a work created in the course of employment means the funds, equipment or materials purposely provided to the citizen by the legal person or organization by which he is employed for the creation of a work.Article 12Where, within two years after the completion of a work created in the course of employment, the author, with the consent by the entity he belongs to, authorizes a third party to exploit his work in the same manner as the entity may have, the remuneration obtained therefrom shall be divided between the author and the entity according to the agreed proportions.The period of two years after the completion of the work shall be calculated from the date on which the author submits the work to the entity.Article 13In the case of a work of an unidentified author, the copyright, except the right of authorship, shall be exercised by the owner of the original copy of the work. Where the author is identified, the copyright shall be exercised by the author or his successor.Article 14Where one of the co-authors of a work dies without any successor or legatee, the rights he enjoyed in the work as stipulated in subparagraphs (5 through (17 of the first paragraph of Article 10 of the Copyright Law shall be exercised by the other co-authors.Article 15The right of authorship, the right of revision and the right of integrity included in a copyright shall, after the death of the author, be protected by his successor or legatee.In the absence of a successor or legatee, the right of authorship, the right of revision and the right of integrity included in a copyright shall be protected by the administrative departments for copyright.Article 16The exploitation of a work the copyright in which is enjoyed by the State shall be managed by the administrative department for copyright of the State Council.Article 17In the case of a posthumous work, the right of publication may be exercised by the author's successor or legatee within a period of 50 years after the death of the author, unless the author had expressly stated otherwise. In the absence of a successor or legatee, the said right shall be exercised by the owner of the original copy of the work.Article 18In the case of a work of an unidentified author, the term of protection for the rights of such an author as provided in subparagraphs (5 through (17 of the first paragraph of Article 10 of the Copyright Law shall expire on December 31 of the 50th year after the first publication of the work. The provisions of Article 21 of the Copyright Law shall be applicable after the author of the work has been identified.Article 19Anyone who exploits another person's work shall clearly indicate the name of the author and the title of the work, except where the parties agree otherwise or the indication cannot be undertaken due to the special characteristic of the manner of exploiting the work.Article 20The term "published work" as referred to in the Copyright Law means a work which has been made available to the public by the copyright owner himself or under his permission.Article 21The exploitation of a published work which may be exploited without permission from the copyright owner in accordance with the relevant provisions of the Copyright Law shall not impair the normal exploitation of the work concerned, nor unreasonably prejudice the legitimate interests of the copyright owner.Article 22The rates of remuneration for the exploitation of works in accordance with the provisions of Article 23, the second paragraph of Article 32 and the third paragraph of Article 39 of the Copyright Law shall be fixed and issued by the administrative department for copyright of the State Council jointly with the competent department for pricing of the State Council.Article 23Anyone who exploits another person's work shall conclude a licensing contract with the copyright owner, and the contract shall be made in written form insofar as the right licensed for exploiting the work has an exclusive nature, except where the work is to be published in a newspaper or a periodical.Article 24The contents of an exclusive right of exploitation provided in Article 24 of the Copyright Law shall be agreed upon by the contract. In the absence of such an agreement or of any clear agreement thereupon in the contract, it shall be deemed that the licensee has the right to prevent any other person, including the copyright owner himself, from exploiting the work in the same manner; unless otherwise agreed in the contract, the sublicensing of the same right to a third party by the licensee shall be subject to the permission from the copyright owner.Article 25An exclusive licensing contract and a copyright transfer contract concluded with the copyright owner may be filed with the administrative departments for copyright for the record.Article 26The term "rights and interests related to copyright" as referred to in the Copyright Law and these Regulations means the rights enjoyed by publishers in thetypographical designs of their books or periodicals, the rights enjoyed by performers in their performances, the rights enjoyed byproducers of sound and video recordings in their sound and video recordings, and the rights enjoyed by radio and television stations in their broadcasting programmes.Article 27Publishers, performers, producers of sound and video recordings, and radio and television stations, in the course of exercising their rights, shall not prejudice the rights of the copyright owners in the works being exploited and in the original works.Article 28Where it is agreed in a book publishing contract that the book publisher enjoys an exclusive publishing right but its particular contents are not specified, it shall be deemed that the book publisher has the exclusive right to publish a book in the same language and in the form of original or revised version, within the term of validity of the contract and the territory defined by the contract.Article 29If two separate subscription forms mailed by the copyright owner to the book publisher are still not able to be fulfilled within six months, it shall be deemed that the stock of the book is exhausted as referred to in Article 31 of the Copyright Law.Article 30Where a copyright owner declares in accordance with the second paragraph of Article 32 of the Copyright Law that no reprinting or excerpting of his work is permitted, he shall append such a declaration to the work when it is published in a newspaper or a periodical.Article 31Where a copyright owner declares in accordance with the third paragraph of Article 39 of the Copyright Law that no making of sound recordings of his work is permitted, he shall make such a declaration when his work is legally recorded.Article 32To exploit another person's work in accordance with the provisions of Article 23, the second paragraph of Article 32 and the third paragraph of Article 39 of theCopyright Law, the exploiter shall pay remuneration to the copyright owner within two months from the date of exploitation of the said work.Article 33Performances by foreigners or stateless persons in the territory of China shall be protected by the Copyright Law.The rights enjoyed by foreigners or stateless persons in their performances under the international treaties to which China has already acceded shall be protected by the Copyright Law.Article 34Sound recordings produced and distributed by foreigners or stateless persons in the territory of China shall be protected by the Copyright Law.The rights enjoyed by foreigners or stateless persons in the sound recordings produced and distributed by them under the international treaties to which China has acceded shall be protected by the Copyright Law.Article 35The rights enjoyed by foreign radio and television stations in their broadcasting programmes under the international treaties to which China has acceded shall be protected by the Copyright Law.Article 36Where any act of infringement is committed as enumerated in Article 47 of the Copyright Law, which also prejudices the social or public interests, the administrative department for copyright may impose a fine of not more than three times the volume of the illegal business; where the volume of illegal business is difficult to calculate, a fine of not more than 100,000 yuan may be imposed. Article 37Where any act of infringement is committed as enumerated in Article 47 of the Copyright Law, which also prejudices the social or public interests, the administrative department for copyright of the local people's government shall be responsible for the investigation into and dealing with such an act. The administrative department for copyright of the State Council may investigate into and deal with any act of infringement that is of nationwideeffect. Article 38These Regulations shall be effective on September 15, 2002. The Regulations for the Implementation of the Copyright Law of the People's Republic of China, which were approved by the State Council on May 24, 1991 and promulgated by the National Copyright Administration on May 30, 1991, shall be abolished at the same time.。
外国关于剽窃的法律规定(3篇)
第1篇一、引言剽窃，即未经他人许可，擅自使用他人的作品、发明、商标等知识产权的行为。
随着全球知识产权意识的不断提高，各国纷纷制定相关法律法规来打击剽窃行为，保护知识产权。
本文将介绍一些主要国家的剽窃法律规定，以期为我国相关立法提供借鉴。
二、美国关于剽窃的法律规定1. 著作权法美国著作权法（Copyright Law）规定，未经著作权人许可，擅自复制、发行、表演、展示、播放、翻译、改编等使用作品的行为均构成剽窃。
著作权法第106条规定了著作权人的17项专有权利，其中包括复制权、发行权、表演权等。
2. 侵权责任美国著作权法规定，剽窃行为构成侵权，侵权人需承担停止侵害、赔偿损失等法律责任。
根据《美国侵权法重述》第55条，剽窃行为属于不正当竞争行为，侵权人需赔偿被侵权人的实际损失、合理费用和惩罚性赔偿。
3. 刑事责任在美国，剽窃行为可能涉及刑事责任。
根据《美国法典》第18卷第506条，侵犯著作权可能面临最高5年的监禁和25万美元的罚款。
三、英国关于剽窃的法律规定1. 著作权法英国著作权法（Copyright, Designs and Patents Act 1988）规定，未经著作权人许可，擅自复制、发行、出租、展示、表演、播放、改编等使用作品的行为均构成剽窃。
著作权法第16条规定了著作权人的17项专有权利。
2. 侵权责任英国著作权法规定，剽窃行为构成侵权，侵权人需承担停止侵害、赔偿损失等法律责任。
根据《英国侵权法》第2条，剽窃行为属于不正当竞争行为，侵权人需赔偿被侵权人的实际损失、合理费用和惩罚性赔偿。
3. 刑事责任在英国，剽窃行为可能涉及刑事责任。
根据《英国法典》第279条，侵犯著作权可能面临最高6个月的监禁和5,000英镑的罚款。
四、德国关于剽窃的法律规定1. 著作权法德国著作权法（Urheberrechtsgesetz）规定，未经著作权人许可，擅自复制、发行、出租、展示、表演、播放、改编等使用作品的行为均构成剽窃。
英国 版权、设计与专利法案 英文原文
英国版权、设计与专利法案英文原文1. IntroductionThe United Kingdom has a rich legal framework in place to protect intellectual property rights, including copyright, designs, and patents. These legal provisions serve to promote creativity, innovation, and economic growth by providing creators and inventors with the means to protect their work from unauthorized use or reproduction. In this article, we will provide an overview of the key legislation governing copyright, designs, and patents in the UK.2. Copyright LawCopyright law in the UK is primarily governed by the Copyright, Designs and Patents Act 1988. This legislation provides creators with the exclusive rights to reproduce, distribute, perform, and display their original literary, artistic, musical, and dramatic works. Copyright protection in the UK applies automatically upon the creation of a qualifying work and generally lasts for the life of the author plus 70 years.3. Design LawThe UK also has a robust legal framework in place to protect thedesign rights of individuals and businesses. The Registered Designs Act 1949 and the Copyright, Designs and Patents Act 1988 together form the basis of design law in the UK. Under these laws, designers can register their designs with the Intellectual Property Office to receive protection for the visual appearance of their products, including the shape, pattern, and ornamentation.4. Patent LawPatent protection in the UK is governed by the Patents Act 1977. This legislation allows inventors to obt本人n exclusive rights to their inventions for a limited period, typically 20 years from the filing date of the patent application. In order to be granted a patent, an invention must be new, involve an inventive step, and be capable of industrial application. The UK Intellectual Property Office oversees the process of patent examination and grant.5. Enforcement and RemediesIn the event of copyright, design, or patent infringement, rights holders in the UK have access to a range of enforcement mechanisms and legal remedies. The courts have the power to award damages for financial loss suffered as a result of infringement, as well as additional damages in cert本人ncircumstances. Injunctions can also be sought to prevent further unauthorized use of the protected work or design.6. ConclusionThe legal framework governing copyright, designs, and patents in the UK provides creators and inventors with the necessary tools to protect their intellectual property rights. By securing exclusive rights to their works and inventions, individuals and businesses are incentivized to continue innovating and contributing to the cultural and economic landscape of the UK. The ongoing development of intellectual property law in response to technological advancements and global trends ensures that the UK rem本人ns a leader in promoting and protecting creativity and innovation.。
美国版权法(第一部分)
• “solemnly adjudged in Great Britain, to be a right of common law.” • Statute of Anne 1709 (England)
– 14 years © plus another 14 if author still living – 21 years for works already published – Controversy over whether © endured at common law after expiry of statutory time limits – Millar v. Taylor (1769) 4 Burr. 2303, 98 ER 201
United States Copyright Law in International Perspective
Latest Developments in U.S. Copyright Law
Dr. Prof. Graeme W. Austin J. Byron Professor of Law, University of Arizona, USA Professorial Fellow, Melbourne University Law School, AUSTRALIA Honorary Fellow, Victoria University of Wellington, NZ
• Act of May 31, 1790, c. 15, 1 Stat. 124 § 1
– 14 year term – Additional 14 years if author survived
• § 1 limited copyright protection to person(s) “being a citizen or citizens of these United States, or residents therein”). Like the original state copyright laws, protection extended only to citizens of the United States. • Foreign-origin works were in the public domain.
(中英文)版权保护法律
《世界版权公约》 (Universal Copyright Convention)
Байду номын сангаас
The Rome convention罗马公约
It is the international convention of protecting performers, record producer and broadcasting organization.保护表演者、唱片制作者和广播组织的国际公约
世界知识产权组织互联网条约
Anna queen law
安娜女王法令
The law on copyright problem was Britain's first a special law, and it was also the first copyright law in the world.
######版权产业与版权保护——国外版权产业法律规制述评/press/newsdetail.cfm?iCntno=8711
######中国专利协会
/
It is the most important and the most unique intellectual property protection international treaty
in the world now.
WIPO Performances and Phonograms Treaty (WPPT)
保护文学和艺术作品伯尔尼公约，简称伯尔尼公约，是关于著作权保护的国际条约，1886年制定于瑞士伯尔尼。截至2012年3月14日，缔约方总数为165个国家，1992年10月15日中国成为该公约成员国。
法律英语讲座之6+美国知识产权法(上
34当人们想到“财产”的含义时，首先想到的往往会是房子、金钱、财务之类的东西。
但在信息生活高度发达的今天，人们对智力劳动成果也越来越关注。
Ｉｎｔｅｌｌｅｃｔｕａｌ ｐｒｏｐｅｒｔｙ ｉｓ ａｎ ｅｘａｍｐｌｅ ｏｆ ｉｎｔａｎｇｉｂｌｅ ｐｅｒｓｏｎａｌ ｐｒｏｐｅｒｔｙ． Ｉｔ ｉｓ ａ ｃｏｌｌｅｃｔｉｏｎ ｏｆ ｉｄｅａｓ ａｎｄ ｉｎｆｏｒｍａｔｉｏｎｉｎ ａ ｂｒｏａｄｌｙ ｃｏｍｍｅｒｃｉａｌ ｃｏｎｔｅｘｔ ｔｈａｔ ｔｈｅ Ｌａｗ ｒｅｃｏｇｎｉｚｅｓ ａｓ ｈａｖｉｎｇ ａ ｖａｌｕｅ ｂｙ ｐｒｏｖｉｄｉｎｇ ｐｒｏｔｅｃｔｉｏｎ．这段话向我们指出了知识产权（ｉｎｔｅｌｌｅｃｔｕａｌ ｐｒｏｐｅｒｔｙ）的基本特征之一：抽象性。
知识产权的保护范围主要涉及商标（ｔｒａｄｅｍａｒｋ）、版权（ｃｏｐｙｒｉｇｈｔ）和专利（ｐａｔｅｎｔ）。
Ｇｅｎｅｒａｌｌｙ， ｉｎｔｅｌｌｅｃｔｕａｌ ｐｒｏｐｅｒｔｙ ｉｓ ｉｎｔａｎｇｉｂｌｅ ａｎｄ ｉｓ ｃｒｅａｔｅｄ ｂｙ ｉｎｔｅｌｌｅｃｔｕａｌ ｅｆｆｏｒｔ ａｓ ｏｐｐｏｓｅｄ ｔｏ ｐｈｙｓｉｃａｌｅｆｆｏｒｔ． Ｉｎ ｔｈｅ Ｕｎｉｔｅｄ Ｓｔａｔｅｓ， ｐａｔｅｎｔｓ， ｃｏｐｙｒｉｇｈｔｓ ａｎｄ ｔｒａｄｅｍａｒｋｓ ａｒｅ ｇｏｖｅｒｎｅｄ ｂｙ ｆｅｄｅｒａｌ ｌａｗ． Ｔｒａｄｅ ｓｅｃｒｅｔｓ ａｒｅｇｏｖｅｒｎｅｄ ｂｙ ｓｔａｔｅ ｌａｗ．一般来说，知识产权是无形的，并且是由相对于体力劳动的智力劳动创造的。
在美国，专利权、版权和商标权是由联邦法管辖的，而商业机密是由州法律管辖。
要注意的是，如果要表达某物受版权法或专利权法保护，是这样表达的：Ｔｈｉｓ ｐａｐｅｒ ｉｓ ｃｏｐｙｒｉｇｈｔｅｄ．（这篇论文受到版权法保护。
）或者Ｔｈｅ ｉｎｖｅｎｔｉｏｎ ｉｓ ｐａｔｅｎｔｅｄ．（这项发明受专利法保护。
）在我们日常生活中，有许多耳熟能详的商标既是商标又是其代表的商品的名字或相应的动词。
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Copyright Law of the People’s Republic of China(Adopted at the Fifteenth Session of the Standing Committee of the Seventh National People’s Congress on September 7, 1990 and amended in accordance with the “Decisions on Amending the Copyright Law of the People’s Republic of China” made at the Twenty-fourth Session of the Standing Committee of the Ninth National People’s Congress on October 27, 2001)ContentsChapter I General ProvisionsChapter II CopyrightSection 1 Copyright Owners and Their RightsSection 2 Ownership of CopyrightSection 3 Term of ProtectionSection 4 Limitations on RightsChapter III Contracts of Copyright Licensing and Contracts of Copyright TransferChapter IV Publication, Performance, Sound Recording, Video Recording and BroadcastingSection 1 Publication of Books, Newspapers and PeriodicalsSection 2 PerformanceSection 3 Sound Recording and Video RecordingSection 4 Broadcasting by A Radio Station or Television StationChapter V Legal Liabilities and Law Enforcement MeasuresChapter VI Supplementary ProvisionsChapter I General ProvisionsArticle 1 This Law is enacted, in accordance with the Constitution for the purposes of protecting the copyright of authors in their literary, artistic and scientific works and rights related to copyright, of encouraging the creation and dissemination of works which would contribute to the construction of socialist spiritual and material civilization, and of promoting the development andflourishing of socialist culture and sciences.Article 2 Works of Chinese citizens, legal entities or other organizations, whether published or not, shall enjoy copyright in accordance with this Law.Any work of a foreigner or stateless person which enjoys copyright under an agreement concluded between the country to which the author belongs or in which the author permanently resides and China, or under an international treaty to which both countries are parties, shall be protected by this Law.Any work of a foreigner or stateless person published for the first time and within the territory of China shall enjoy copyright in accordance with this Law.Any work of an author from a country not having concluded an agreement with China or entered into an international treaty jointly with China or of a stateless person, which is published for the first time in a country as a member of the international treaty into which China has entered or published in a member country and non- member country at the same time, shall be protected by this Law.Article 3 “Works” mentioned in this Law shall include works of literature, art, natural science, social science, engineering technology and the like made in the following forms:(1) written works;(2) oral works;(3) musical, dramatic, quyi*, choreographic and acrobatic art works;(4) works of fine art and architecture(5) photographic works;(6) cinematographic works and works created in a way similar to cinematography(7) drawings of engineering designs and product designs, maps, sketches and other graphic works as well as model works;(8) computer software;(9) other works as provided in laws and administrative regulations.Article 4 Works the publication or dissemination of which is prohibited by law shall not be protected by this law.Copyright owners, in exercising their copyright, shall not violate the Constitution or laws or infringe upon the public interests.Article 5 This Law shall not be applicable to:(1) laws, regulations, resolutions, decisions and orders of state organs; other documents of legislative, administrative or judicial nature; and their official translations;(2) news on current affairs;(3) calendars, numerical tables, forms of general use and formulas.Article 6 Regulations for the protection of copyright in expressions of folklore shall be separately established by the State Council.Article 7 The copyright administration department under the State Council shall be responsible for the nationwide administration of copyright. The copyright administration department of the people’s government of each province, autonomous region or municipality directly under the Central Government shall be responsible for the administration of copyright within its own jurisdiction.Article 8 Copyright owners and the obligees related to copyright may authorize a collective management organization of copyright to exercise the copyright or the rights related to copyright. The collective management organization of copyright may, after being authorized, claim rights in its own name for the copyright owners and the obligees related to copyright, and may, as a party concerned, participate in the litigation and arbitration activities involved with copyright or the rights related to copyright.A collective management organization of copyright shall be a non-profit organization, and the method of its establishment, its rights and obligations, the collection and distribution of the royalty for copyright licensing, as well as the supervision and management over it shall be separately provided by the State Council.Chapter II CopyrightSection 1 Copyright Owners and Their RightsArticle 9 “Copyright owners” shall include:(1) authors;(2) other citizens, legal entities and organizations enjoying copyright in accordance with this Law.Article 10 “Copyright” shall include the following personal rights and property rights:(1) the right of publication, that is, the right to decide whether to male a work available to the public;(2) the right of authorship, that is, the right to claim authorship and to have the author’s name mentioned in connection with the work;(3) the right of alteration, that is, the right to alter or authorize others to alter one’s work;(4) the right of integrity, that is, the right to protect one’s work against distortion and mutilation;(5) the right of reproduction, that is, the right to produce one or more copies of the work by means of printing, Xeroxing, rubbing, sound recording, video recording, duplicating, or re-shooting, etc.;(6) the right of distribution, that is, the right to provide the public with original copies or reproduced copies of works by means of selling or donating;(7) the right of lease, that is, the right to nongratuitously permit others to temporarily exploit a cinematographic work, a work created in a way similar to cinematography or computer software, unless the computer software is not the main object under the lease;(8) the right of exhibition, that is, the right to publicly display the original copies or reproduced copies of works of fine art and cinematographic works;(9) the right of performance, that is, the right to publicly perform works, and to publicly transmit the performance of works by various means;(10) the right of projection, that is, the right to make, by such technical equipment as projector, episcope, etc., the works of fine art, photographic works, cinematographic works and works created in a way similar to cinematography, etc. reappear publicly;(11) the right of broadcasting, that is, the right to publicly broadcast or disseminate works by wireless means, to disseminate broadcast works to the public by wired dissemination or rebroadcast, and to disseminate broadcast works to the public by audio amplifier or other similar instruments for transmission of signs, sounds or images;(12) the right of information network dissemination, that is, the right to provide the public with works by wired or wireless means, so as to make the public able to respectively obtain the works at the individually selected time and place;(13) the right of production, that is, the right to fix works on the carrier by cinematography or in a way similar to cinematography;(14) the right of adaptation, that is, the right to modify a work for the purpose of creating a newwork of original creation;(15) the right of translation, that is, the right to transform the language of a work into another language;(16) the right of compilation, that is, the right to choose or edit some works or fragments of works so as to form a new work;(17) other rights which shall be enjoyed by the copyright owners.A copyright owner may permit others to exercise the rights provided in Items (5) through (17) of the preceding paragraph, and may receive remuneration as agreed upon in the contract or in accordance with the relevant provisions in this Law.A copyright owner may wholly or partially transfer the rights provided in Items (5) through (17) of Paragraph 1 of this Article, and may receive remuneration as agreed upon in the contract or in accordance with the relevant provisions in this Law.Section 2 Ownership of CopyrightArticle 11 Except otherwise provided in this Law, the copyright in a work shall belong to its author.The author of a work is the citizen who has created the work.Where a work is created according to the intention and under the supervision and responsibility ofa legal entity or another organization, such legal entity or organization shall be the author of the work.The citizen, legal entity or organization whose name is affixed to a work shall, without the contrary proof, be the author of the work.Article 12 Where a work is created by adaptation, translation, annotation or arrangement of a pre-existing work, the copyright in the work thus created shall be enjoyed by the adapter, translator, annotator or arranger, provided that the copyright in the original work is not infringed upon.Article 13 Where a work is created jointly by two or more co-authors, the copyright in the work shall be enjoyed jointly by those co-authors. Co-authorship may not be claimed by anyone who has not participated in the creation of the work.If a work of joint authorship can be separated into independent parts and exploited separately, each co-author shall be entitled to independent copyright in the parts that he has created, provided that the exercise of such copyright does not infringe upon the copyright in the joint work as a whole.Article 14 A work created by compilation shall refer to the work which is compiled of some works, fragments of works or the data or other materials not constituting a work, and the choice or layout of the contents of which embodies the original creation. The copyright of the compilation work shall be enjoyed by the compiler, provided that the exercise of such copyright does not infringe upon the copyright of the pre-existing works included in the compilation.Article 15 The copyright of a cinematographic work or a work created in a way similar to cinematography shall be enjoyed by the producer, while any of the playwright, director, cameraman, words-writer, composer and other authors of the work shall enjoy the right of authorship, and shall be entitled to obtain remuneration as agreed upon in the contract between him and the producer.The authors of the screenplay, musical works and other works that are included in a cinematographic work or a work created in a way similar to cinematography and can be exploited separately shall be entitled to exercise their copyright independently.Article 16 A work created by a citizen when fulfilling the tasks assigned to him by a legal entity or another organization shall be deemed to be a service work. Unless otherwise provided in Paragraph 2 of this Article, the copyright of such a work shall be enjoyed by the author, but the legal entity or organization shall have a priority right to exploit the work within the scope of its professional activities. During the two years after the completion of the work, the author shall not, without the consent of the legal entity or organization, authorize a third party to exploit the work in the same way as the legal entity or organization does.In the following cases the author of a service work shall enjoy the right of authorship, while the legal entity or organization shall enjoy other rights included in the copyright and may reward the author:(1) drawings of engineering designs and product designs, maps, computer software and other service works, which are created mainly with the materials and technical resources of the legal entity or organization and under its responsibility;(2) service works of which the copyright is, in accordance with the laws or administrative regulations or as agreed upon in the contract, enjoyed by the legal entity or organization.Article 17 The ownership of copyright in a commissioned work shall be agreed upon in a contract between the commissioning and the commissioned parties. In the absence of such a contract or of an explicit agreement in the contract, the copyright in such a work shall belong to the commissioned party.Article 18 The transfer of ownership of the original copy of a work of fine art or another work shall not be deemed to include the transfer of the copyright in such a work, however, the right to exhibit the original copy of a work of fine art shall be enjoyed by the owner of such original copy.Article 19 Where the copyright of a work belongs to a citizen, his rights in respect of the work as provided in Items (5) through (17) of Paragraph 1 of Article 10 of this Law shall, after his death, during the term of protection provided in this Law, be transferred in accordance with the Inheritance Law.Where the copyright of a work belongs to a legal entity or another organization, its rights in respect of the work as provided in Items (5) through (17) of Paragraph 1 of Article 10 of this Law shall, after the change or the termination of the status of the legal entity or organization, during the term of protection provided in this Law, be enjoyed by the succeeding legal entity or organization which has taken over the rights and obligations of the previous legal entity or organization, or, in the absence of such succeeding legal entity or organization, by the State.Section 3 Term of ProtectionArticle 20 The rights of authorship, alteration and integrity of an author shall be unlimited in time.Article 21 In respect of a work of a citizen, the term of protection of the right of publication and of the rights provided in Items (5) through (17) of Paragraph 1 of Article 10 of this Law shall be the lifetime of the author and fifty years after his death, expiring on December 31 of the fiftieth year after his death. In the case of a work of joint authorship, such term shall expire on December 31 of the fiftieth year after the death of the last surviving author.The term of protection of the right of publication and of the rights provided in Items (5) through (17) of Paragraph 1 of Article 10 of this Law where the copyright belongs to a legal entity or another organization, or in respect of a service work where the legal entity or organization enjoys the copyright (except the right of authorship), shall be fifty years, expiring on December 31 of the fiftieth year after the first publication of such a work, however, any such work that has not been published within fifty years after the completion of its creation shall no longer be protected by this Law.The term of protection of the right of publication and of the rights provided in Items (5) through (17) of Paragraph 1 of Article 10 of this Law in respect of a cinematographic work or a work created in a way similar to cinematography shall be fifty years, expiring on December 31 of the fiftieth year after the first publication of such a work, however, any such work that has not been published within fifty years after the completion of its creation shall no longer be protected by this Law.Section 4 Limitations on RightsArticle 22 In the following cases, a work may be exploited without the permission from, and without payment of remuneration to, the copyright owner, provided that the name of the author and the title of the work are mentioned and the other rights enjoyed by the copyright owner by virtue of this Law are not infringed upon:(1) use of a published work for the purposes of the user’s own private study, research or self-entertainment;(2) appropriate quotation from a published work in one’s own work for the purposes of introduction of, or comment on, a work, or demonstration of a point;(3) inevitable reappearance or citation of a published work in newspapers, periodicals, radio stations, television stations or other media for the purpose of reporting current events;(4) reprinting by newspapers or periodicals or other media, or rebroadcasting by radio stations or television stations or other media, of the current event articles on the issues of politics, economy and religion, which have been published by other newspapers, periodicals, radio stations or television stations or other media, except where the author has declared that publication or broadcasting is not permitted;(5) publication in newspapers or periodicals or other media, or broadcasting by radio stations or television stations or other media, of a speech delivered at a public assembly, except where the author has declared that publication or broadcasting is not permitted;(6) translation or reproduction, in a small quality of copies, of a published work for use by teachers or scientific researchers in classroom teaching or scientific research, provided that the translation or reproduction is not published or distributed;(7) use of a published work by a State organ within the reasonable scope for the purpose of fulfilling its official duties;(8) reproduction of a work in its collections by a library, archive, memorial hall, museum, art gallery or similar institution, for the purpose of the display or preservation of a copy of the work;(9) free of charge performance of a published work, that is, with respect to the performance, neither fees are charged from the public nor the remuneration is paid to the performers;(10) copying, drawing, photographing, or video recording of an artistic work located or on display in an outdoor public place;(11) translation of a work published by a Chinese citizen, legal entity or organization, which is created in the Han language (Chinese), into a minority nationality language for publication and distribution within the country;(12) translation of a published work into Braille and publication of the work so translated;The provisions in the preceding paragraph shall be applicable to the limitations on the rights of publishers, performers, producers of sound recordings and video recordings, radio stations and television stations.Article 23 Anyone who compiles or publishes textbooks for the purpose of implementing the nine-year compulsory education or State education planning may, without the permission from the copyright owner, except that the author has declared in advance that the exploitation is not permitted, compile published fragments of works, short written works or musical works, a single work of fine art, or photographic works into the textbooks, however, he shall pay the remuneration as provided, mention the name of the author and the title of the work, and shall not infringe upon other rights which the copyright owner shall enjoy in accordance with this Law.The provisions in the preceding paragraph shall be applicable to the limitations on the rights of publishers, performers, producers of sound recordings and video recordings, radio stations and television stations.Chapter III Contracts of Copyright Licensingand Contracts of Copyright TransferArticle 24 Anyone who exploits a work created by another shall conclude a contract of licensing with the copyright owner, unless it is provided in this Law that the exploitation need not be licensed.A contract of licensing shall include the following main contents:(1) the variety of the right to exploit the work covered by the license;(2) the exclusive or non-exclusive nature of the right to exploit the work covered by the license;(3) the territorial scope and term of the license;(4) the amount of the remuneration and the method of its payment;(5) the breach liability;(6) any other contents that both parties consider necessary.Article 25 Anyone who transfers any of the rights provided in Items (5) through (17) of Paragraph 1 of Article 10 of this Law shall conclude a written contract with the transferee.A contract of copyright transfer shall include the following main contents:(1) the name of the work;(2) the variety and territorial scope of the transferred right;(3) the transfer price;(4) the date and method of the delivery of the transfer price;(5) the breach liability;(6) any other contents that both parties consider necessary.Article 26 The licensee or the transferee shall not, without the consent of the copyright owner, exercise any right that the copyright owner has not expressly licensed or transferred in the contract.Article 27 The standards of remuneration for the exploitation of a work may be either agreed upon by the parties concerned or be made by the copyright administration department under the State Council in collaboration with other departments concerned. Where the parties concerned fail to reach a clear agreement, the remuneration shall be paid in accordance with the standards of remuneration made by the copyright administration department under the State Council in collaboration with other departments concerned.Article 28. Publishers, performers, producers of sound recordings and video recordings, radio stations, television stations and other entities who or which exploit the works of others pursuant to this Law shall not infringe upon the author’s rights of authorship, alteratio n or integrity, or their right to remuneration.Chapter IV Publication, Performance,Sound Recording, Video Recording and BroadcastingSection 1 Publication of Books, Newspapers and PeriodicalsArticle 29 A book publisher who publishes a book shall conclude a publishing contract with, and pay remuneration to, the copyright owner.Article 30 With respect to a work delivered to a book publisher by the copyright owner for publication, the exclusive right to publish the work enjoyed by the book publisher as agreed upon in the contract shall be protected by law, and the work may not be published by others.Article 31 The copyright owner shall deliver the work within the term agreed upon in the contract. The book publisher shall publish the work in accordance with the quality requirements and within the term agreed upon in the contract.The book publisher shall bear the civil liability provided in Article 53 of this Law if he fails to publish the work within the term agreed upon in the contract.The book publisher shall notify, and pay remuneration to, the copyright owner when the work is to be reprinted or republished. If the publisher refuses to reprint or republish the work when stocks of the book are exhausted, the copyright owner shall have the right to terminate the contract.Article 32 Where a copyright owner has submitted the manuscript of his work to a newspaper or a periodical publisher for publication and has not received any notification of the said publisher’s decision to publish the work, within fifteen days from the newspaper publisher or within thirty days from the periodical publisher, counted from the date of submission of the manuscript, the copyright owner may submit the manuscript of the same work to another newspaper or periodical publisher for publication, unless the two parties have agreed otherwise.Except where the copyright owner has declared that reprinting or excerpting is not permitted, other newspaper or periodical publishers may, after the publication of the work by a newspaper or periodical, reprint the work or print an abstract of it or print it as reference material, but such other publishers shall pay remuneration to the copyright owner as provided in regulations.Article 33 A book publisher may alter or abridge a work with the permission from the copyright owner.A newspaper or periodical publisher may make editorial modifications and abridgments in a work, but shall not make modifications in the content of the work unless permission has been obtained from the author.Article 34 When publishing works created by adaptation, translation, annotation, arrangement or compilation of pre-existing works, the publisher shall obtain permission from and pay remuneration to both the owners of the copyright in the works created by means of adaptation, translation, annotation, arrangement or compilation, and the owners of the copyright in the original work.Article 35 A publisher shall be entitled to permit others to exploit the format design of a published book or periodical of his or prohibit others from doing so.The term of protection of the right provided in the preceding paragraph shall be ten years, expiring on December 31 of the tenth year after the first publication of the book or periodical that uses such a format.Section 2 PerformanceArticle 36 A performer (an individual performer or a performing group) who for a performance exploits a work created by another shall obtain permission from and pay remuneration to the copyright owner. A performance organizer who organizes a performance shall obtain permission from and pay remuneration to the copyright owner.A performer who for a performance exploits a work created by adaptation, translation, annotation or arrangement of a pre-existing work shall obtain permission from and pay remuneration to both the owner of the copyright in the work created by adaptation, translation, annotation or arrangement and the owner of the copyright in the original work.Article 37 A performer shall, in relation to his performance, enjoy the rights:(1) to show his/her identity;(2) to protect the character in his performance from distortion;(3) to authorize others to make live broadcasts or to publicly transmit his live performance, and to receive remuneration for it;(4) to authorize others to make sound recordings and video recordings, and to receive remuneration for it.(5) to permit others to reproduce and distribute the sound recordings or video recordings which record his performance, and to receive remuneration for it;(6) to permit others to disseminate his performance to the public through information network, and to receive remuneration for it.Anyone who is permitted to exploit the works in the ways provided in Items (3) through (6) of the preceding paragraph shall also obtain permission from and pay remuneration to the copyright owner.Article 38 The term of protection of the rights provided in Items (1) and (2) of Paragraph 1 of Article 37 of this Law shall not be limited.The term of protection of the rights provided in Items (3) through (6) of Paragraph 1 of Article 37 of this Law shall be fifty years, expiring on December 31 of the fiftieth year after the performance is made.Section 3 Sound Recording and Video RecordingArticle 39 A producer of sound recordings or video recordings who, for the production of a sound recording or video recording, exploits a work created by another, shall obtain permission from and pay remuneration to the copyright owner.A producer of sound recordings or video recordings who exploits a work created by adaptation, translation, annotation or arrangement of a pre-existing work shall obtain permission from and pay remuneration to both the owner of the copyright in the work created by adaptation, translation, annotation or arrangement and the owner of copyright in the original work.A producer of a sound recording who, for the production of a sound recording, exploits a musical work which has been lawfully recorded as a sound recording by another, does not need to obtain permission from, but shall, as provided in regulations, pay remuneration to the copyright owner; such work shall not be exploited where the copyright owner has declared that such exploitation is not permitted.Article 40 When producing a sound recording or video recording, the producer shall conclude a contract with, and pay remuneration to, the performers.Article 41 A producer of sound recordings or video recordings shall have the right to permit others to reproduce, distribute, lease and disseminate to the public through information network such sound recordings or video recordings and shall have the right to receive remuneration for it. The term of protection of such rights shall be fifty years, expiring on December 31 of the fiftieth year after the production of the recording is firstly completed.。