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

ed by virtue of paragraph 2 of Article 39 and paragraph 3 of Article 42 of the Law， paragraph 1 of Article 39 and paragraph 2 of Article 42 of the Law shall apply.

　　Article 45 With reference to Article 35 of the Law， payment of remuneration by performers to copyright owner shall be done through the person who has organized the performance

in question.

　　Article 46 Performance by foreign performers taking place in China shall be protected by the Law.

　　Article 47 Audio and video recordings produced and distributed in China by foreign producers shall be protected by the Law.

　　Article 48 To object to the performance， recording or making broadcasts of his or her work by virtue of paragraph 2 of Article 35， paragraph 1 of Article 37 and paragraph 2 of Article 40 of the Law， the copyright owner is required to make a statement to that effect at the same time when his or her work is published， or have the statement carried in copyright bulletin issued by the National Copyright Administration.

　　Article 49 To use published works of other persons by virtue of paragraph 2 of Article 32， paragraph 2 of Article 35， paragraph 1 of Article 37 and paragraph 2 of Article 40 of the Law， the user is required to pay remuneration to the copyright owner. In the case where the copyright owner is not identifiable or the address of the copyright owner is not available， the remuneration payable shall be remitted to the body designated by the National Copyright Administration for further transfer to the due copyright owner within 1 month.

　　Chapter VI Administrative Sanctions

　　Article 50 Infringements against copyright enumerated in Article 46 of the Law shall be liable to the administrative sanctions to be imposed by copyright administrative authority in the form of public warning， injunction in relation to the production and distribution of infringing copies， confiscation of unlawful gains and seizure of infringing copies and equipments used for making infringing copies， as well as fine.

　　Article 51 The amount of the fine to be imposed for infringements against copyright enumerated in Article 46 of the Law shall be the following， depending on situation of each of the cases：

　　（1） Infringing act given by Article 46 （1） of the Law shall be liable to a fine of from 100 to 5000 yuan in RMB；

　　（2） Infringing acts given by Article 46 （2）， （3）， （4）， （5）， and （6） of the Law shall be liable to a fine of 10000 to 100000 yuan in RMB， or an amount of 2 to 5 times as much as the entire price of the infringing copies；

　　（3） Infringing act given by Article 46 （7） of the Law shall be liable to a fine of from 1000 to 50000 yuan in RMB

　　Article 52 Copyright administrative authorities under the local governments shall be empowered to redress the infringements against copyright enumerated in Article 46 of the Law.

　　The National Copyright Administration shall investigate and redress the following infringements against copyright：

　　（1） Infringements against copyright that are of nationwide influence；

　　（2） Infringements against copyright where a foreign party is involved；

　　（3） Infringements against copyright that should be redressed by the National Copyright Administration， as the Administration might think.

　　Article 53 In exercising its right of imposing administrative sanctions， copyright administrative authority may order the infringer to compensate the loss the infringed party suffered.

　　Chapter VII Supplementary Provisions

　　Article 54 Copyright owners may exercise their copyrights by way of collective administration.

　　Article 55 The interpretation of this Regulation shall be the responsibility of the National Copyright Administration.

　　Article 56 This Implementing Regulation shall enter in force on June 1， 1991

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