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

ticle 14 Where copyright in a work created within the fulfillment of duties belongs to the author， the author may ask his institution to permit a third party to use the work in the same manner as the institution might have done. if the institution does not use the work in the course of its business within 2 years after the creation of the work.

　　Within 2 years after the creation of the work， the author may， with the permission of the institution， permit a third party to use the work in the manner as the institution may have done. Remunerations thus obtained shall be divided between them according to agreed proportion.

　　Even after the expiry of the said 2 years， the institution may continue with use of the work in the course of its business.

　　The aforementioned 2 years period after the creation of the work shall be calculated from the date on which the work concerned is submitted to the institution.

　　Article 15 Material and technical conditions mentioned in paragraph 2 of Article 16 （1） of the Law shall mean fund， equipments or materials provided expressly for the creation of a work.

　　Article 16 In the case of a work of unknown author， the copyright， except the right of indication of authorship， shall be exercised by the lawful holder of the original copy of the work. With the restoration of authorship， the copyright shall be exercised by the author or his heir in title.

　　Article 17 Article 18 of the Law， which says that transfer of ownership of the original copy of a work of fine art shall not be deemed as transfer of copyright in the work， is applicable to all works the ownership of original copy of which can be transferred.

　　Section 2. Inheritance of Copyright

　　Article 18 Inheritance of economic rights contained in copyright shall be executed in accordance with the Law of Inheritance.

　　Article 19 In the case where one of the co-authors of a work of joint authorship dies without having heir in title or other beneficiary， the economic rights he enjoyed in relation to his contribution to the work shall be exercised by the other co-authors.

　　Article 20 Right of indication o

f authorship， right of revision and right of integrity contained in copyright shall， after the death of the author， be protected by the heir in title and other person to whom the economic rights are granted.

　　In the absence of heir in title or other beneficiary， right of indication of authorship， right of revision and right of integrity contained in copyright shall be protected by the copyright administrative authority.

　　Article 21 Copyright enjoyed by the State shall be enforced by the copyright administrative authority on behalf of the State.

　　Article 22 In the case of posthumous works， the right of disclosure may be exercised by the author's heir in title or other beneficiary for a period of 50 years， unless a prior statement by the author says expressly to the contrary. In the absence of heir in title or other beneficiary， the said right shall be exercised by the lawful holder of the original copy of the work.

　　Section 3. Coming into existence of copyright and Calculation of the of Protection

　　Article 23 Copyright protected under this Law shall emerge on the date when a work is created.

　　Article 24 In the case of a work of unknown author， the term of protection in relation to economic rights shall be 50 years ending on December 31 of the fiftieth year after the first publication of the work. Article 21 of the Law shall be applicable after authorship of the work becomes ascertained.

　　Article 25 In the case of works by foreign authors that have first published in China， the term of protection shall be calculated from the date of first publication of the work.

　　The first publication in China mentioned in the paragraph 2 of Article 2 of the Law in relation to works of foreigners refer to the situation where unpublished works of foreigners have been published for the first time in China by lawful means.

　　Works of foreigners first published outside China shall be deemed first published in China if it is published in China within 30 days after its first publication.

　　Unpublished works of foreigners shall also be deemed first published in China if their authorized adaptations or translations are first published in China.

　　Section 4. Limitations on Rights

　　Article 26 As used in the Law， a published work refers to a work which has been made known to the public by means stipulated in the Law.

　　Article 27 The following conditions have to be satisfied for an act to be deemed appropriate quotation of published works by act to be deemed appropriate quotation of published works by others mentioned in Article 22 （2） of the Law：

　　（1） The quotation is made solely for the purpose of introducing or reviewing the source works or making clear a point；

　　（2） What has been quoted does not form a major or substantial part of the work of the quoter；

　　（3） The interests of the copyright owner of the work being quoted shall not be prejudiced.

　　Article 28 Article 22 （3） of the Law refers to unavoidable inclusion of published works as is justified by the purpose of reporting current events.

　　Article 29 Making use of published works of other persons by virtue of Article 22 （6） and （7） shall not harm the normal exploitation of the works concerned and shall not unreasonably prejudice the legitimate interests of the copyright owners.

　　Article 30 In the case of performance of published works as is permitted by Article 22 （9） of the Law， no fees shall be charged on viewing or hearing audience and no remuneration shall be paid to the performers.

　　Article 31 Article 22 （11） of the Law shall be applicable only to works originally created in Chinese.

　　Chapter IV Copyright Licencing Contracts

　　Article 32 It is a requirement that contracts with copyright owners and licence obtained for using their works be made in writing， except the cases where works are to be published b

y newspaper and periodicals.

　　Article 33 In default of a clear indication in a contract in relation to the grant of exclusive right to use， only non-exclusive right to use by the licensee shall be implied， unless the Law stipulated otherwise.

　　Article 34 The provision of standard forms of various copyright licencing contracts shall be the responsibility of the National Copyright Administration.

　　Article 35 The person who has obtained exclusive right in relation to the use in a certain way of a work shall have the right to prevent any other person including the copyright owner as licensor from using the work in the same way. However， the sublicensing of the same right to a third party shall be subject to permission by the copyright owner， unless the contracting parties agreed otherwise.

　　Chapter V Exercise of and Limitations on Rights Related to Copy- right

　　Article 36 As is used in the Law and the Regulation， rights related to copyright mean the right enjoyed by publishers in their publications， the right enjoying by performers in their performances， the right enjoyed by producers of audio and video recordings in their products and the right enjoyed by radio and television stations in their broadcasts.

　　Article 37 Publishers， performers， producers of audio and video recordings and radio and television stations， in the course of exercising their rights， shall not prejudice copyrights their owners enjoyed in the works being used.

　　Article 38 Publishers shall enjoy exclusive right of exploitation in typographical design of the books， newspapers and periodicals they have published.

　　Article 39 By virtue of Article 30 of the Law， legal protection shall be available for the exclusive right a publisher obtained to publish， within the term of validity of and the territory of execution defined by the contract， a work in its original language and in the form of original edition， revised version or condensed version.

　　Article 40 In the case where manuscripts was submitted to a publisher on the author's own initiative， the publisher shall， within 6 months， notify the author whether he will publish the work or not. In the case of acceptance， a contract shall be made； in the case of refusal， notification shall be sent to the author in a timely manner. In the case where no notification is served and no contract is made， the author may， upon expiry of the said 6 months， demand that the manuscripts be returned and economic compensation be made. The said 6 months shall be calculated from the date of receipt by the publisher of the manuscripts.

　　Article 41 Articles 29， 30， 31 and 33 of the Law shall not be applicable to the case where the cost of publication of a work is born by the author.

　　Article 42 The state of being out of print in relation to a work mentioned in Article 31 of the Law shall be established if a period of 6 months after two subscription forms were mailed by the author to the publisher expires without action being taken to satisfy the subscription.

　　Article 43 To object to the reprinting of his or her work in whole or in part by virtue of paragraph 2 of Article 32 of the Law， the copyright owner is required to make a statement to that effect at the same time when the work is first published in a newspaper or a periodical.

　　Article 44 No time limit shall be set on the term of protection in relation to the rights provided for in Article 36 （1） and （2） of the Law.

　　In the case of the term of protection in relation to the right of remuneration the performers enjoy

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