(Adopted on September 7, 1990 by the 15th Meeting of the Standing Committee of the Seventh National People's Congress. Amended in accordance with the Decision on Amending the Copyright Law of the People's Republic of China adopted on October 27, 2001 by the 24th Meeting of the Standing Committee of the Ninth National People's Congress)
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 for Rights
Section 4 Restriction on Rights
Chapter III Copyright Licensing and Assignment Contracts
Chapter IV Publication, Performance, Sound or Visual Recording and Broadcast
Section 1 Book, Newspaper or Magazine Publication
Section 2 Performance
Section 3 Sound or Visual Recording
Section 4 Broadcast of Radio or Television Stations
Chapter V Legal Responsibility and Measures
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1
For the purposes of protecting the copyright of authors of literary, artistic and scientific works and their copyright-related rights, encouraging the creation and dissemination of works which facilitate the advanced socialist culture, ideology and material construction and promoting the development and flourish of the socialist culture and science, and in accordance with the Constitution, this Law is formulated.
Article 2
Works of citizens, legal persons or other organizations of China shall enjoy copyright according to this Law, whether or not they are published or unpublished.
Copyright enjoyed by works of foreigners and stateless persons according to the agreements signed by China and the States of which the authors are nationals or in which the authors domicile habitually or the international conventions to which both China and the States are members shall be protected by this Law.
Works of foreigners and stateless persons shall enjoy copyright according to this Law, if they are first published in the territory of China.
Works of authors of the States which have not signed the agreements with China or have not joined the international conventions to which China is the member and works of stateless persons shall be protected by this Law, if they are first published in the Member States of the international conventions to which China is the member or are simultaneously published in the Member and Non-member States.
Article 3
Works, as used in this Law, shall include such works as literature, art, natural science, social science and engineering technology created in the following forms:
1. Writings works;
2. Oral works;
3. Music, dramatic, quyi, dance and acrobatic works;
4. Painting and architectural works;
5. Photographic works;
6. Cinematographic works and works created by virtue of the analogous method of film production;
7. Graphic works such as diagrams of project design, drawings of product design, maps and sketches as well as works of their model;
8. Computer software; and
9. Other works set out by laws and administrative regulations.
Article 4
Works of which publication and dissemination are prohibited according to law shall not enjoy the protection under this Law.
In exercising copyright, no copyright owner may violate the Constitution and laws and infringe the public interests.
Article 5
This Law does not apply to:
1. Laws, regulations, resolutions, decisions and decrees of state authorities and other documents of legislative, administrative or judicial nature, as well as their official translations;
2. News on current events; and
3. Calendar, numerical tables, general tables and formulas.
Article 6
The measures for protecting the copyright in folk literary and artistic works shall be formulated by the State Council separately.
Article 7
The copyright administration department of the State Council shall take charge of the work of copyright administration throughout the country. Copyright administration departments of people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall take charge of the work of copyright administration within their respective administrative areas.
Article 8
Copyright owners and copyright-related right owners may authorize collective organizations of copyright administration to exercise copyright or copyright-related rights. After being authorized, collective organizations of copyright administration may, in their own name, claim the rights for copyright owners and copyright-related right owners or may, as the parties concerned, engage in the action or arbitration activities in relation to copyright or copyright-related rights.
Collective organizations of copyright administration shall be non-commercial organizations. The form of their establishment, their powers and duties, their collection and distribution of copyright licensing fees as well as the supervision and control over them shall be prescribed by the State Council separately.
Chapter II Copyright
Section 1 Copyright Owners and Their Rights
Article 9
Copyright owners shall include:
1. Authors; and
2. Citizens, legal persons and other organizations enjoying copyright according to this Law.
Article 10
Copyright shall include the following personal rights and property rights:
1. Right of publication, i.e. the right to decide whether or not a work is made known to the public;
2. Right of authorship, i.e. the right to indicate the author's identity and to have the author's name appeared on his work;
3. Right of alternation, i.e. the right to alter or authorize another person to alter a work;
4. Right to integrity of the work, i.e. the right to protect a work against distortion and falsification;
5. Right of reproduction, i.e. the right to reproduce one or more copies of a work by virtue of such a method as printing, photocopying, copying, sound recording, visual recording, sound duplicating or visual duplicating;
6. Right of distribution, i.e. the right to present the original or copy of a work to the public by virtue of sale or donation;
7. Right of lease, i.e. the right to license another person, on payment of a sum of money, temporarily to use a cinematographic work, a work created by virtue of the analogous method of film production or compute software, except where the computer software is not the key object of lease;
8. Right of exhibition, i.e. the right to display in public the original or copy of a painting or photographic work,
9. Right of performance, i.e. the right to perform in public a work or to broadcast in public the performance of a work by virtue of any means;
10. Right of show, i.e. the right to show, by virtue of such a technical equipment as film or slide projector, a painting, photographic or cinematographic work or a work created by virtue of the analogous method of film production;
11. Right of broadcast, i.e. the right to broadcast or disseminate in public a work in the wireless form or to disseminate a broadcast work to the public in the form of cable dissemination or relay or by megaphone or other similar means for transmitting symbols, sounds or images;
12. Right of information network dissemination, i.e. the right to present a work to the public in the cable or wireless form for members of the public to get the work at the time and site selected on their own;
13. Right of production, i.e. the right to fix a work on any medium by virtue of the method or analogous method of film production;
14. Right of adaptation, i.e. the right to adapt a work for creating a new work of originality;
15. Right of translation, i.e. the right to translate a work from a language to another;
16. Right of compilation, i.e. the right to compile works or parts of works into a new work through selection or arrangement; and
17. Other rights that shall be enjoyed by copyright owners.
Copyright owners may license others to exercise the rights conferred by subparagraphs 5-17 of the paragraph above and get compensation as contracted or according to the relevant provisions of this Law.
Copyright owners may assign all or part of the rights conferred by subparagraphs 5-17 of paragraph 1 of this Article and get compensation as contracted or according to the relevant provisions of this Law.
Section 2 Ownership of Copyright
Article 11
Copyright shall vest in the author, unless this Law provided otherwise.
In relation to a work, the citizen who creates it shall be the author.
In relation to a work which is created under the sponsorship, and according to the will, of a legal person or any other organization, and for which the said person or organization has the responsibility, the said person or organization shall be regarded as the author.
If no proof to the contrary is available, the citizen, legal person or other organization whose name appears on a work shall be the author.
Article 12
Copyright in a work derived from adaptation, translation, annotation or arrangement of a preexistent work shall vest in the adapter, translator, annotator or arranger, the exercise of which, however, may not infringe the copyright in the preexistent work.
Article 13
Copyright in a work created by the collaboration of two or more persons shall vest in the joint authors. Any person who has not participated in the creation may not be identified as a joint author.
If a collective work can be separated for use, each joint author may independently enjoy copyright in his contribution, the exercise of his copyright, however, may not infringe the entire copyright in the collective work.
Article 14
Works derived from compilation of some preexistent works or parts, data which do not constitute the works or other materials of the preexistent works, if they are of originality in respect of selection and arrangement of their contents, shall be regarded as works produced from compilation. Copyright in such a work shall vest in the compiler, the exercise of which, however, may not infringe the copyright in the preexistent work.
Article 15
Copyright in a cinematographic work or a work created by virtue of the analogous method of film production shall vest in the producer. However, authors such as screenwriter, director, photographer, song-words writer and composer shall enjoy the right of authorship and the right to get compensation according to the contracts they signed with the producer.
The author of a work that can be used independently such as screenplay or music included in a cinematographic work or a work created by virtue of the analogous method of film production shall enjoy the right to exercise copyright in his contribution independently.
Article 16
Works created by citizens for fulfilling tasks of legal persons or other organizations shall be regarded as works produced in course of employment. Copyright in such a work shall vest in the author, except as provided by paragraph 2 of this Article. However, the legal person or other organization shall enjoy the right of priority to use the said work within its business scope. Within two years after the work was created, the author may not, without consent of the unit, license a third party to use the said work in the same manner as the unit does.
If a work produced in course of employment is under one of the following circumstances, the author shall enjoy the right of authorship, and the legal person or other organization shall enjoy other rights included in the copyright and may reward the author:
1. A work such as diagram of project design, drawing of product design, map or computer software, which is produced in course of employment mainly by using the material and technical resources of the legal person or other organization and for which the legal person or other organization has the responsibility; or
2. A work produced in course of employment in which copyright shall vest in the legal person or other organization according to the provisions of laws and administrative regulations or the contract.
Article 17
If a work is created under commission, the ownership of copyright in it shall be stipulated by the commissioning and commissioned parties. When there is no such stipulation in the contract or no contract is signed, copyright shall vest in the commissioned party.
Article 18
The transfer of the ownership of such an original work as painting shall not be regarded as the transfer of copyright in it. However, the right of exhibition of the original of a painting work shall vest in the owner of the original.
Article 19
If a copyright shall vest in a citizen and the said citizen dies, his rights conferred by subparagraphs 5-17 of paragraph 1 of Article 10 of this Law shall be transferred according to the provisions of the Succession Law within the term of protection set out by this Law.
If a copyright shall vest in a legal person or any other organization and the said person or organization changes or terminates, its rights conferred by subparagraphs 5-17 of paragraph 1 of Article 10 of this Law shall vest in the succeeding legal person or other organization that takes over its rights and obligations within the term of protection set out by this Law or in the State in case there is no such a succeeding legal person or other organization.
Section 3 Term of Protection for Rights
Article 20
Term of protection for the right of authorship, the right of alteration and the right of integrity to the work of authors shall not be restricted.
Article 21
In relation to a work of a citizen, term of protection for the right of publication and the rights referred to in subparagraphs 5-17 of paragraph 1 of Article 10 of this Law shall be the life of the author and 50 years after his death, and expires on December 31 of the fiftieth year after the death of the author; in relation to a collective work, term of protection expires on December 31 of the fiftieth year after the death of the last of the authors.
In relation to a work of a legal person or other organization or a work produced in course of employment in which the right of writing shall vest in the legal person or other organization (except for the right of authorship), term of protection for the right of publication and the rights referred to in subparagraphs 5-17 of paragraph 1 of Article 10 of this Law shall be 50 years and expires on December 31 of the fiftieth year after the first publication of the work, however, if the work has not been published within the period of 50 years from the end of the calendar year in which the work was created, this Law shall not protect it.
In relation to a cinematographic work, a work created by virtue of the analogous method of film production or a photographic work, term of protection for the right of publication and the rights referred to in subparagraphs 5-17 of paragraph 1 of Article 10 of this Law shall be 50 years and expires on December 31 of the fiftieth year after the first publication of the work, however, if the work has not been published within the period of 50 years from the end of the calendar year in which the work was created, this Law shall not protect it.
Section 4 Restriction on Rights
Article 22
Under one of the following circumstances, a work may be used without the license of, and compensation to, the copyright owner, however, the author's name and the work's title shall be indicated and the other rights enjoyed by the copyright owner according to this Law may not be infringed:
1. For the purpose of private study, research or entertainment, to use a published work of another;
2. For the purpose of introducing or commenting a work or demonstrating a point in one's work, appropriately to quote a published work of another;
3. For the purpose of reporting current events, to use or quote, by newspaper, magazine, radio or television station, a published work;
4. To reprint or rebroadcast, by newspaper, magazine or radio or television station, current events on politics, economy and religion already published by another newspaper, magazine or radio or television station, except where the author has declared that the reprint or rebroadcast is not allowed;
5. To publish or broadcast, by newspaper, magazine or radio or television station, a speech delivered at a public gathering, except where the author has declared that the publication or broadcast is not allowed;
6. For use by teachers or scientific researchers for teaching or scientific research, to translate or reproduce in a small quantity a published work, however, the translation or reproduction may not be published or distributed;
7. For the purpose of performing official duties, to use a published work by state authorities within a reasonable limits;
8. For the purposes of displaying or preserving copies, to reproduce a work in its collections by a library, archives center, memorial hall, museum, art gallery or similar institutions;
9. To perform free of charge a published work, the said performance neither collects any fees from the members of the public nor pays compensation to the performer;
10. To copy, draw, photograph or record an artistic work that is placed or displayed in an outdoor place;
11. To translate a published work of a citizen, legal person or other organization from the language of the Han nationality into a minority nationality language for domestic publication and distribution; or
12. To transliterate from a published work into Braille for publication.
The provisions of the paragraph above shall be applicable to the restriction on the rights of publishers, performers, producers of sound recordings and visual recordings, radio stations and television stations.
Article 23
In compiling and publishing textbooks for the nine-year compulsory education and the state educational program, passages of published works, short writings works, music works or single copies of painting works or photographic works may be compiled into the textbooks without the license of authors, except for those for which authors have declared in advance the use of which is not allowed, however, compensation shall be paid according to the regulations, the author's name and the work's title shall be indicated, and other rights enjoyed by copyright owners according to this Law may not be infringed.
The provisions of the paragraph above shall be applicable to the restriction on the rights of publishers, performers, producers of sound recordings and visual recordings, radio stations and television stations.
Chapter III Copyright Licensing and Assignment Contracts
Article 24
Use of a work of another shall be in possession of conclusion of a licensing contract with the copyright owner, except where no license is required by this Law.
The licensing contract shall contain the following key particulars:
1. Class of the right licensed;
2. Exclusive or non-exclusive nature of the right licensed;
3. Geographical area and time limit licensed;
4. Standard and method of compensation;
5. Liability for breach of contract; and
6. Other necessary particulars deemed by both the parties.
Article 25
Assignment of a right referred to in subparagraphs 5-17 of the paragraph 1 of Article 10 of this Law shall be in possession of conclusion of a written contract.
The right assignment contract shall contain the following key particulars:
1. Work's title;
2. Class of the right assigned and geographical area;
3. Assignment price;
4. Date and method of price payment;
5. Liability for breach of contract; and
6. Other necessary particulars deemed by both the parties.
Article 26
If a right is not licensed or assigned explicitly by the copyright owner in the licensing or assignment contract, the other party concerned may not be allowed to exercise it without the consent of the copyright owner.
Article 27
The standard of compensation for using a work may be stipulated by the parties concerned, or compensation may also be paid according to the standard set out by the copyright administration department of the State Council jointly with relevant departments. In case where the parties concerned have no explicit stipulation therefor, compensation shall be paid according to the standard set out by the copyright administration department of the State Council jointly with relevant departments.
Article 28
Publishers, performers, producers of sound or visual recordings, radio or television stations, when they use works of others pursuant to this Law, may not infringe the right of authorship, the right of alteration, the right of integrity to the work and the right to get compensation of authors.
Chapter IV Publication, Performance, Sound or Visual Recording and Broadcast
Section 1 Book, Newspaper or Magazine Publication
Article 29
In publishing a book, the publisher shall conclude a publishing contract with the copyright owner and pay compensation thereto.
Article 30
In relation to a work delivered by the copyright owner for publication, the exclusive right of publication enjoyed by the book publisher as contracted shall be protected by law, and no other person may publish the said work.
Article 31
The copyright owner shall deliver his work within the limit of time as contracted. The book publisher shall publish the book according to the publication quality and the limit of time as contracted.
A book publisher who fails to publish the work according to the limit of time as contracted shall bear civil responsibility according to the provisions of Article 53 of this Law.
In reprinting or republishing a work, the book publisher shall notify the copyright owner and pay compensation thereto. If the publisher refuses to reprint or republish the work after its stock is exhausted, the copyright owner has the right to terminate the contract.
Article 32
A copyright owner who delivers his work to a newspaper or magazine publisher for publication and does not receive the notice of the newspaper publisher's decision to publish his work within 15 days from the date of delivery or the notice of the magazine publisher's decision to publish his work within 30 days from the date of delivery may deliver the same work to another newspaper or magazine publisher for publication, unless both the parties agreed otherwise.
After a work is published, other newspapers or magazines may reprint it or print it as an abstract or as reference materials, except where the copyright owner has declared that reprinting or excerpting is not allowed, however, compensation shall be paid to the copyright owner according to the regulations.
Article 33
Book publishers may modify or abridge works with the license of authors.
Newspaper or magazine publishers may modify or abridge the words of works. The modification to the contents shall be in possession of the license of authors.
Article 34
Publication of a work derived from adaptation, translation, annotation, arrangement or compilation of the preexistent work shall be in possession of the license of both the copyright owner of the work derived from adaptation, translation, annotation, arrangement or compilation and the copyright owner of the preexistent work, and shall be subject to the payment of compensation.
Article 35
Publishers have the right to license or prohibit others to use the typographical arrangement of books or magazines they published.
Term of protection for the right conferred by the paragraph above shall be 10 years and expires on December 31 of the tenth year after the first publication of the book or magazine.
Section 2 Performance
Article 36
In using a work of another for performance, the performer (performing individual or unit) shall acquire the license of the copyright owner and pay compensation thereto. In organizing a performance, the organizer shall acquire the license of the copyright owner and pay compensation thereto.
Performance of a work derived from adaptation, translation, annotation or arrangement of the preexistent work shall be in possession of the license of both the copyright owner of the work derived from adaptation, translation, annotation, arrangement or compilation and the copyright owner of the preexistent work and shall be subject to the payment of compensation.
Article 37
Performers shall enjoy the following rights in relation to their performance:
1. To indicate their identity;
2. To safeguard the image inherent in their performance from distortion;
3. To license others to broadcast on the site and transmit in public their performance and to get compensation; and
4. To license others to make sound or visual recordings and to get compensation;
5. To license others to reproduce or distribute sound or visual recording products on which their performance is fixed and to get compensation; and
6. To license others to make information network dissemination of their performance to the public and to get compensation.
In addition, the licensee who uses a work in the form specified in subparagraphs 3-6 of the paragraph above shall acquire the license of the copyright owner and pay compensation thereto.
Article 38
Term of protection for the rights referred to in subparagraphs 1-2 of paragraph 1 of Article 37 of this Law shall not be restricted.
Term of protection for the rights referred to in subparagraphs 3-6 of paragraph 1 of Article 37 of this Law shall be 50 years and expires on December 31 of the fiftieth year after the performance was made.
Section 3 Sound or Visual Recording
Article 39
In using a work of another for making a sound or visual recording product, the sound or visual recording producer shall acquire the license of the copyright owner and pay compensation thereto.
In using a work derived from adaptation, translation, annotation or arrangement of the preexistent work, the sound or visual recording producer shall acquire the license of both the copyright owner of the work derived from adaptation, translation, annotation or arrangement and the copyright owner of the preexistent work, and pay compensation thereto.
In using a music work lawfully fixed by another as the sound recording work for making a sound recording product, the sound recording producer may be allowed to acquire no license from the copyright owner, however, he shall pay compensation according to the regulations; if the copyright owner has declared that the use of his work is not allowed, the work may not be used.
Article 40
In making a sound or visual recording product, the sound or visual recording producer shall conclude a contract with the performer and pay compensation thereto.
Article 41
Sound or visual recording producers shall enjoy the right to license others to reproduce, distribute, lend and disseminate to the public through information networks and the right to get compensation in relation to sound or visual recording products they produced. Term of protection for the rights shall be 50 years and expires on December 31 of the fiftieth year after the product was first made.
In addition, the licensee who reproduces, distributes or disseminates to the public through information networks shall acquire the license of both the copyright owner and the performer and pay compensation thereto.
Section 4 Broadcast of Radio or Television Stations
Article 42
In broadcasting an unpublished work of another, the radio or television station shall acquire the license of the copyright owner and pay compensation thereto.
In broadcasting a published work of another, the radio or television station may be allowed to acquire no license from the copyright owner, however, it shall pay compensation thereto.
Article 43
In broadcasting a published sound recording product, the radio or television station may be allowed to acquire no license from the copyright owner, however, it shall pay compensation thereto, unless otherwise agreed by the parties concerned. The State Council shall formulate the concrete measures therefor.
Article 44
Radio or television stations shall enjoy the right to prohibit the following unlicensed acts:
1. To replay their radio or television programs; and
2. To fix their radio or television programs on any sound or visual medium and to reproduce any sound or visual medium.
Term of protection for the right referred to in the paragraph above shall be 50 years and expires on December 31 of the fiftieth year after the radio or television programs were first broadcast.
Article 45
In broadcasting a cinematographic work of another, a work created by virtue of the analogous method of film production or a visual recording product, the television station shall acquire the license of the film or visual recording producer and pay compensation thereto; in addition, in broadcasting a visual recording work of another, the station shall acquire the license of the copyright owner and pay compensation thereto.
Chapter V Legal Responsibility and Measures
Article 46
Any of the following acts of infringement shall, depending on its circumstances, be demanded for civil responsibility such as cease of the infringement, elimination of effects, public apology and compensation for loss:
1. Without the license of the copyright owner, to publish his work;
2. Without the license of other joint authors, to publish their collective work as a work created solely by oneself;
3. When a person has not participate in the creation, to indicate his name on a work of another for seeking personal fame and interests;
4. To distort or mutilate a work of another;
5. To plagiarize a work of another;
6. Without the license of the copyright owner, to use his work by exhibition, film production or analogous method of film production or by adaptation, translation or annotation, unless this Law provided otherwise;
7. Without due compensation, to use a work of another;
8. Without the license of the copyright owner of a cinematographic work, a work created by virtue of the analogous method of film production, computer software, sound or visual recording product or the copyright-related owner, to lend a work or sound or visual recording product, unless this Law provided otherwise;
9. Without the license of the publisher, to use the typographical arrangement of a book or magazine he published;
10. Without the license of the performer, to broadcast on the site, to transmit in public, or to record, his performance; or
11. Other acts of infringement of copyright and copyright-related rights.
Article 47
Any of the following acts of infringement shall, depending on its circumstances, be demanded for civil responsibility such as cease of the infringement, elimination of effects, public apology or compensation for loss; if the act causes a damage to the public interests simultaneously, the copyright administration department may order the person committing the act to stop the act of infringement, confiscate his illegal gains, confiscate and destroy the infringing copies and impose a fine thereon; if the circumstances are serious, the copyright administration department may also confiscate the key materials, tools and equipment mainly used for making infringing copies; and if the act constitutes a crime, criminal responsibility shall be demanded according to law:
1. Without the license of the copyright owner, to reproduce, distribute, perform, show, broadcast, compile or disseminate to the public through information networks his work, unless this Law provided otherwise;
2. To publish a book in which the exclusive right of publication shall vest in another;
3. Without the license of the performer, to reproduce or distribute a sound or visual recording product on which his performance was fixed or to disseminate his performance to the public through information networks, unless this Law provided otherwise;
4. Without the license of the producer, to reproduce, distribute or disseminate a sound or visual recording product to the public through information networks, unless this Law provided otherwise;
5. Without the license, to broadcast or reproduce a radio or television program, unless this Law provided otherwise;
6. Without the license of the copyright owner or copyright-related right owner, intentionally to escape or infringe the technical measures adopted by the right owner for protecting the copyright or copyright-related rights in his work or sound or visual recording product, unless laws and administrative regulations provided otherwise;
7. Without the license of the copyright owner or copyright-related right owner, intentionally to cancel or alter electric data for management of his work or sound or visual recording product, unless laws and administrative regulations provided otherwise; or
8. To produce or sell a work on which the author's name is forged.
Article 48
If a copyright or copyright-related right is infringed, compensation shall be paid according to the actual loss of the right owner by the person who made the infringement; if the computation of the actual loss is difficult, compensation may be paid according to the illegal gains of the person who made the infringement. The compensation shall also include the reasonable expenses of the right owner for preventing the act of infringement.
If the actual loss of the right owner or the illegal gains of the person who made the infringement could not be ascertained, the people's court shall judge the compensation not exceeding 500,000 yuan depending on the circumstances of the act of infringement.
Article 49
A copyright owner or copyright-related right owner who has evidence to establish that another person is committing or will commit an act of infringing his right, which could cause a remediless loss to his legitimate rights and interests if the act is not prevented immediately, may apply to a people's court for adopting such measures as order to stop the relevant act and property preservation before he initiates an action.
When the people's court deals with the application mentioned in the paragraph above, the provisions of Articles 93-96 and Article 99 of the Civil Procedure Law of the People's Republic of China shall apply thereto.
Article 50
For the purpose of preventing the act of infringement and under the circumstances where the evidence could be lost or is difficult to obtain afterwards, the copyright owner or copyright-related right owner may apply to a people's court for evidence preservation before he initiates an action.
The people's court must make the judge within 48 hours after it accepts an application; the measures of preservation, if judged, shall be implemented without delay.
The people's court may order the applicant to provide a guarantee, if the latter fails to respond, the court shall deny the application.
If the applicant fails to initiate the action within 15 days after the people's court has adopted the measures of preservation, the latter shall terminate the measures of preservation.
Article 51
When trying a case, the people's court may confiscate the illegal gains, infringing copies and materials for the activities of infringement of copyright or copyright-related rights.
Article 52
The publisher or producer of a copy who fails to establish that his publication or production is in possession of lawful authorization, the distributor of a copy or the lender of the copy of a cinematographic work, a work created by virtue of the analogous method of film production, computer software, sound or visual recording product who fails to establish that his distribution or lease is in possession of lawful sources, shall bear legal responsibility.
Article 53
A party concerned who fails to perform his contractual obligations or performs obligations in a manner which is not in conformity with the agreed terms shall bear civil responsibility according to the provisions of relevant laws such as the General Principles of the Civil Law of the People's Republic of China and the Contract Law of the People's Republic of China.
Article 54
A copyright dispute may be mediated and also, may be filed with an arbitration organization for arbitration according to the arbitration agreement concluded by the parties concerned or the arbitration clause in the copyright contract.
The party concerned who fails both to reach an arbitration agreement and to stipulate the arbitration clause in the copyright contract may initiate an action directly before a people's court.
Article 55
A party concerned who disagrees with an administrative penalty may initiate an action before a people's court within three months from the date of receiving the written decision of penalty. If the party concerned fails both to initiate an action and to comply with the decision as scheduled, the copyright administration department may apply to a people's court for implementation.
Chapter VI Supplementary Provisions
Article 56
In this Law, the right of writing shall be the copyright.
Article 57
In Article 2 of this Law, "published" means the reproduction and distribution of a work.
Article 58
The measures for protecting computer software and the right of information network dissemination shall be formulated by the State Council separately.
Article 59
The rights conferred by this Law to copyright owners, publishers, performers, sound or visual recording producers, radio stations and television stations shall be protected according to this Law if their term of protection set out by this Law has not expired on the day of entry into force of this Law.
Any acts of infringement or breach of contract committed prior to the entry into force of this Law shall be treated according to the relevant regulations and policies in force at the time when they were committed.
Article 60
This Law shall enter into force on June 1, 1991.
