中华人民共和国著作权法实施条例 REGULATIONS FOR THE IMPLEMENTATION OF THE COPYRIGHT LAW OF THE PEOPLES REPUBLIC OF C

国家版权局令第1号
（Promulgated on May 30， 1991）
颁布日期：19910530 　实施日期：19910601 　失效日期：20020915 　颁布单位：国家版权局

　　Chapter I General Provisions

　　Article 1 The present Regulations are formulated according to the Article 54 of the Copyright Law of the People's Republic of China （hereinafter referred to as the Copyright Law）。

　　Article 2 The term “works” used in the Copyright Law refers to original intellectual creations in the literary， artistic and scientific domain， in so far as they are capable of being reproduced in a certain tangible form.

　　Article 3 The term “creation” mentioned in the Copyright Law refers to intellectual activities from which literary， artistic and scientific works are directly resulted.

　　The making of arrangement and the provision of consultation， material means or supporting service， done for others in their creating activities， shall not be deemed as acts of creating.

　　Article 4 These works mentioned in the Copyright Law and the present Regulations mean the following：

　　（1） Written works are works expressed in writing， such as novels， poems， essays and thesis；

　　（2） Oral works are works， such as unprepared speeches， lectures and court debates， which are created in spoken words and have not been fixed on any material carrier；

　　（3） Musical works are works， with or without accompanying words， which can be sung or performed， such as symphony and songs；

　　（4） Dramatic works are works， such as dramas， operas and local art forms， which are created for stage performance；

　　（5） Qu Yi works are works created mainly for being performed in a way involving recitation， singing， or both， such as cross talk， clapper talk， ballad singing and story telling；

　　（6） Choreographic works are works which are or can be expressed in successive body movements， gestures and facial movements；

　　（7） Works of fine art are two-or three-dimensional works created in lines， colours or other medium which， when being viewed， impart aesthetic effect， such as paintings， works of calligraphy， sculptures and works of architecture；

　　（8） Photographic works are the kind of artistic works created by recording images on light-sensitive materials with the aid of devices；

　　（9） Cinematographic， television and video graphic works are works which， being recorded on some material， consist of a series of frames of images， with or without accompanying sound， and can be projected with the aid of devices suitable in relation to a specific works；

　　（10） Drawings of engineering designs and product designs and the accompanying descriptions are drawings made for the purpose of actual construction and manufacturing and descriptive works contained in the said design drawings；

　　（11） Maps， diagrams and other graphic works refer to two-or three-dimensional works showing geographical phenomenon and demonstrating the fundamental or the structure of a thing or an object， such as geographical maps， plan of electrical circuit or an anatomical drawings.

　　Article 5 The exploitation referred to in the present Law in relation to works shall mean the doing of the following acts：

　　（1） Reproduction is the making of if one or more copies of a work by means like printing， photocopying， copying by hand， rubbing， audio-recording， video-recording， re- recording or photographing；

　　（2） Performance is the public presentation of a work through vocal sound， facial movements and body movements， directly or with the aid of technical devices；

　　（3） Broadcasting is the communication of works through wireless radio waves and cable television system；

　　（4） Exhibition is the public display of works of fine art and photography， whether their original copies or reproductions；

　　（5） Distribution is the provision of copies of a work to the public by means such as sale and rental， in so far as

the number of copies satisfy the reasonable need of the public；

　　（6） Publication is the public distribution of copies of the edited version of a work；

　　（7） Making of cinematographic， television and video works means the fixation for the first time of a work on some materials by means of cinematographic production or analogous process. This subsection shall not apply to the mere mechanical recording of performance or scenes or material objects；

　　（8） Adaptation is the creation of new original works on the basis of pre-existing ones by changing their original form of expression or the purposes they are originally designed to serve；

　　（9） Translation is the conversion of the language of a work into another language；

　　（10） A notation is the explanation of characters， words and sentences used in a literary work；

　　（11） Compilation is the creation of a work by assembling a number of selected pre-existing works， in whole or in parts， according to an arrangement designed for a specific purpose；

　　（12） Sorting-out is the rearrangement of pre-existing works or materials by changing their former state of being fragmented and poorly-ordered into a one of being systematic and orderly， such as the glossing and repairing of ancient classics.

　　Article 6 As used in the Law， the terms listed below shall mean the following：

　　（1） News of current events refers to the mere report of facts or happenings conveyed by newspapers， periodicals and radio and television stations；

　　（2） Sound recordings refers to the original recordation of any sounds；

　　（3） Video recordings refers to the original recordation of a series of related images， with or without accompanying sounds， other than cinematographic and television and video graphic works；

　　（4） Radio and television broadcasts refer to the programme communicated by radio or television station by means of diffusing signals carrying sound or images or both；

　　（5） Producer of sound recordings refers to a person who makes sound recordings ；

　　（6） Producer of video recordings refers to a person who makes video recordings；

　　（7） Performer refers to persons who perform literary and artistic works professionally or not professionally.

　　Chapter II Copyright Administrative Authorities

　　Article 7 The national Copyright Administration， being an administrative department for copyright matters under the State Council， is responsible for the nation-wide work of administration of copyright by mainly carrying out the following functions：

　　（1） To implement copyright-related laws and regulations and to promulgate rules in relation to copyright administration；

　　（2） To investigate and redress cases of infringement of copyright that are of nation-wide influence；

　　（3） To approve the formation of and to supervise the operation of collective administration of copyright， copyright agent business dealing with cross-border transactions and arbitrations scheme for disputes arose in relation to copyright contracts；

　　（4） To undertake administration as far as external copyright relation is concerned；

　　（5） To administer copyright of which the State is the owner；

　　（6） To provide guidance for local copyright authorities with their performance of administrative functions；

　　（7） To carry out other duties assigned by the State Council in relation to copyright administration.

　　Article 8 The copyright department under the local governments are responsible for copyright administration within their respective jurisdiction， whose duties shall be determined by the government of each of the provinces， autonomous regions and municipalities directly under the central government.

　　Chapter III Ownership and Exercise of Copyright

　　Section 1. Ownership of Copyright

　　Article 9 Unless the Law provided otherwise， copyrigh

t shall belong to citizens who have created works and the legal and non-legal entities who are deemed authors by virtue of the Law.

　　The conditions laid down by the General Principles of the Civil Law of the People's Republic of China must be satisfied to be a legal entity.

　　Social institutions and economic organizations， by not being able to meet the conditions to be legal entities， and the relatively independent departments forming a legal entity are non-legal entities for the purpose of the Law.

　　Article 10 Persons who have glossed or sorted-out pre-existing works shall enjoy the copyright in the works thus created， in so far as they are not entitled to copyright in the works they used and do not have the right to prohibit the glossing or sorting-out done by other person in relation to the same pre-existing work.

　　Article 11 Where joint authors failed to reach an agreement on the exercise of copyright in a work of joint authorship which can not be used piecemeal， any party may not unreasonably prohibit the exercise by others of the said copyright.

　　Article 12 In the case of works of compilation， being in the form of encyclopaedias， dictionaries， text books or photo books of large size， as the case may be， copyright in the work as a whole shall belong to legal entities or non-legal entities who have arranged manpower or provided financial aid and material means for their creation and bear the responsibility in relation to the said work.

　　Article 13 Permission to make necessary alteration shall be implied where the copyright owner has authorized the making cinematographic， television or videographic work based on his or her work， in so far as such alteration does not distort or mutilate the original work.

　　Ar

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