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)




          Contents

       Chapter I      General Provisions         

        Chapter II    Copyright


          Section 1      Copyright Owners and Their Rights


    Section 2      Ownership of Copyright

    Section 3      Term of Protection

    Section 4      Limitations on Rights

  Chapter III    Contracts of Copyright Licensing and Contracts of Copyright Transfer

  Chapter IV    Publication, Performance, Sound Recording, Video Recording and Broadcasting

    Section 1  Publication of Books, Newspapers and Periodicals

    Section 2  Performance

    Section 3  Sound Recording and Video Recording

    Section 4  Broadcasting by A Radio Station or Television Station

  Chapter V     Legal Liabilities and Law Enforcement Measures

  Chapter VI    Supplementary Provisions






 Chapter I     General Provisions

   Article 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 and
                flourishing 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     Copyright
  

 
Section 1  Copyright Owners and Their Rights

 
   Article 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 ones 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 new work 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 Copyright

     Article 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 of a 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 Protection

     Article 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 Rights

     Article 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 Licensing and Contracts of Copyright Transfer

     Article 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, alteration or integrity, or their right to remuneration.

   Chapter IV  Publication, Performance, Sound Recording, Video Recording and Broadcasting

  Section 1  Publication of Books, Newspapers and Periodicals

     Article 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  Performance

     Article 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 Recording

     Article 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.

       A producer of sound recordings or video recordings who is permitted to reproduce,
   distribute, lease or disseminate to the public through information network a sound recording
   or video recording shall obtain permission from and also pay remuneration to both the
   copyright owner and the performer.

  Section 4  Broadcasting by A Radio Station or Television Station

     Article 42  A radio station or television station that broadcasts an unpublished work
                 created by another shall obtain permission from and pay remuneration to the
                 copyright owner.

             A radio station or television station that broadcasts a published work created by
           another does not need to obtain permission from, but shall pay remuneration to the
           copyright owner.

     Article 43  A radio station or television station that broadcasts a published sound
                 recording does not need to obtain permission from, but shall pay remuneration to
                 the copyright owner, unless the parties concerned have agreed otherwise. The
                 specific measures shall be provided by the State Council.

     Article 44  A radio station or television station is entitled to prohibit the following acts
                 which it has not permitted:

             (1) rebroadcasting the radio or television which it has broadcasted;

             (2) recording the radio or television which it has broadcasted in the audio or video
                 carrier and to reproduce the audio or video carrier.

             The term of protection of the rights provided in the preceding paragraph shall
           be fifty years, expiring on December 31 of the fiftieth year after the first
           broadcasting of the radio or television.

     Article 45  A television station that broadcasts another’s cinematographic work, work
                 created in a way similar to cinematography or videographic work shall obtain
                 permission from and pay remuneration to the producer. A television station that
                 broadcasts another’s videographic work shall also obtain permission from and
                 pay remuneration to the copyright owner.

  Chapter V   Legal Liabilities and Law Enforcement Measures

     Article 46  He who commits any of the following acts of infringement shall bear the civil
                 liability for such remedies as ceasing the infringing act, eliminating the
                 effects of the act, making a public apology or paying compensation for damages,
                 depending on the circumstances:

             (1) publishing a work without the permission from the copyright owner;

             (2) publishing a work of joint authorship as a work created solely by oneself,
                 without the permission from the other co-authors;

             (3) having his name mentioned in connection with a work created by another, in order
                 to seek personal fame and gain, where he has not taken part in the creation of
                 the work;

             (4) distorting a work created by another;

             (5) plagiarizing the works of others;

             (6) exploiting a work by means of exhibition, making cinematographic productions or
                 a means similar to making cinematographic productions, or by means of
                 adaptation, translation, annotation, etc. without the permission from the
                 copyright owner, unless otherwise provided in this Law;

             (7) exploiting a work of another without paying the remuneration;

             (8) without the permission from the copyright owner or obligee related to the
                 copyright of a cinematographic work or a work created in a way similar to
                 cinematography, computer software, sound recordings or video recordings, leasing
                 his work or sound recordings or video recordings, except where otherwise
                 provided in this Law;

             (9) without the permission from a publisher, exploiting the format design of his
                 published book or periodical;

            (10) without the permission from the performer, broadcasting or publicly transmitting
                 his live performance or recording his performance;

            (11) committing other acts of infringement upon copyright and upon other rights
                 related to copyright.

     Article 47  He who commits any of the following acts of infringement shall bear the civil
                 liability for such remedies as ceasing the infringements, eliminating the
                 effects of the act, making a public apology or paying compensation for damages,
                 depending on the circumstances; where he damages public interests at the same
                 time, the copyright administration department may order him to cease the act of
                 tort, may confiscate his illegal gains, confiscate and destroy the reproductions
                 of infringement, and impose a fine on him; if the case is serious, the copyright
                 administration department may also confiscate the materials, instruments and
                 equipment, etc. mainly used to make the reproductions of infringement; where his
                 act has constituted a crime, he shall be investigated for criminal liabilities
                 in accordance with the law:

             (1) without the permission from the copyright owner, reproducing, distributing,
                 performing, projecting, broadcasting, compiling, disseminating to the public
                 through information network his works, except where otherwise provided in this
                 Law;

             (2) publishing a book where the exclusive right of publication belongs to another;

             (3) without the permission from a performer, reproducing, distributing the sound
                 recordings or video recordings of his performance, or disseminating his
                 performance to the public through information network, except where otherwise
                 provided in this Law;

             (4) without the permission from a producer of sound recordings and video recordings,
                 reproducing, distributing, disseminating to the public through information
                 network the sound recordings or video recordings produced by him, except where
                 otherwise provided in this Law;

             (5) without the permission, broadcasting or reproducing the radio or television,
                 except where otherwise provided in this Law;

             (6) without the permission from the copyright owner or obligee related to the
                 copyright, intentionally avoiding or destroying the technical measures taken by
                 the obligee on his works, sound recordings or video recordings, etc. to protect
                 the copyright or the rights related to the copyright, except where otherwise
                 provided in laws or administrative regulations;

             (7) without the permission from the copyright owner or obligee related to the
                 copyright, intentionally deleting or altering the electronic information on the
                 management of the rights on the works, sound recordings or video recordings,
                 except where otherwise provided in laws or administrative regulations;

             (8) producing or selling a work where the signature of another is counterfeited.

     Article 48  The infringer shall, when having infringed upon the copyright or the rights
                 related to copyright, make a compensation on the basis of the obligee’s actual
                 losses; where the actual losses are difficult to be calculated, the compensation
                 may be made on the basis of the infringer’s illegal gains. The amount of
                 compensation shall also include the reasonable expenses paid by the obligee for
                 stopping the act of tort.

             Where the obligee’s actual losses or the infringer’s illegal gains cannot be
           determined, the people’s court shall, on the basis of the seriousness of the
           act of tort, adjudicate a compensation of 500,000 Yuan or less.

     Article 49  Where a copyright owner or obligee related to copyright has evidence to prove
                 that another is committing or is going to commit an act infringing upon his
                 right, and that his lawful rights and interests will suffer the damage which is
                 difficult to be remedied if he does not stop it in time, he may, before bringing
                 a lawsuit, apply to the people’s court for an order to cease the relevant acts
                 or for property preservation.

             The people’s court shall handle the application in the preceding paragraph in
           accordance with Article 93 through Article 96 and Article 99 of the Civil
           Procedure Law of the People’s Republic of China.

     Article 50  For the purpose of stopping the acts of tort, a copyright owner or an obligee
                 related to copyright may, under circumstances that the evidence may be destroyed
                 or lost or difficult to obtain later on, apply to the people’s court for the
                 evidence to be preserved.

             The people’s court must, after receiving the application, make an order
           within 48 hours; if the preservation is granted by an order, its implementation
           shall start immediately.

             The people’s court may order the applicant to provide a surety; if the
           applicant fails to do so, his application shall be rejected.

             If the applicant fails to bring a lawsuit within 15 days after the people’s
           court has adopted the preservation measures, the people’s court shall cancel
           the property preservation.

     Article 51  The people’s court may, when trying the cases of infringing upon copyright or
                 the rights related to copyright, confiscate the illegal gains, the reproductions
                 of infringement and the properties used for committing illegal acts.

     Article 52  Where a publisher or producer of reproductions is unable to prove the lawful
                 authorization of his publication or production, or the distributor of the
                 reproductions or the lessor of the reproductions of a cinematographic work or a
                 work created in a way similar to cinematography, computer software, sound
                 recordings or video recordings is unable to prove the lawful sources of his
                 distribution or lease of the reproductions, he shall bear the legal liabilities.

     Article 53  Where a party concerned does not implement his contractual obligations or his
                 implementation of the contractual obligations does not conform to the stipulated
                 requirements, he shall bear the civil liabilities in accordance with the General
                 Principles of the Civil Law of the People’s Republic of China, the Contract Law
                 of the People’s Republic of China and other laws.

     Article 54  A dispute over copyright may be settled by mediation or be submitted for
                 arbitration to a copyright arbitration institution under a written arbitration
                 agreement concluded between the parties concerned, or under the arbitration
                 clause in the copyright contract.

                   Any party may bring a lawsuit directly to the people’s court in the absence
                 of a written arbitration agreement or an arbitration clause in the copyright
                 contract.

     Article 55  Any party who objects to an administrative penalty may bring a lawsuit to the
                 people’s court within three months as of the date when it received the written
                 decision on the penalty. If a party neither bring a lawsuit nor implements the
                 decision within the above time limit, the copyright administration department
                 concerned may apply to the people’s court for enforcement.

  Chapter VI  Supplementary Provisions

     Article 56  The term “author’s right” shall have the same meaning as “copyright” in
                 this Law.

     Article 57  The term “publication” mentioned in Article 2 of this Law shall refer to
                 reproduction and distribution of works.

     Article 58  Regulations for the protection of computer software and of the right of
                 information network dissemination shall be established separately by the State
                 Council.

     Article 59  The rights of copyright owners, publishers, performers, producers of sound
                 recordings and video recordings, radio stations and television stations as
                 provided in this Law, of which the term of protection specified in this Law has
                 not yet expired on the date of this Law’s entry into force, shall be protected
                 in accordance with this Law.

                   Any infringements upon copyright and the rights related to copyright or
                 breaches of contract committed prior to the entry into force of this Law shall
                 be dealt with under the relevant regulations or policies in force at the time
                 when the infringement was committed.

     Article 60  This Law shall enter into force on June 1, 1991.