中华人民共和国著作权法 COPYRIGHT LAW OF THE PEOPLES REPUBLIC OF CHINA ［*1］

主席令第三十一号
（Adopted at the 15th Meeting of the Standing Committee of the Seventh National People's Congress on September 7， 1990， promulgated by Order No. 31 of the President of the People's Republic of China on September 7， 1990， and effective as of June 1， 1991）

时效性：已被修正　 颁布日期：19900907 　实施日期：19910601 　失效日期：20011027 　颁布单位：全国人大常委会

　　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 of Rights

　　Section 4 Limitations on Rights

　　Chapter III Copyright Licensing Contracts

　　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 Radio Station or Television

　　Station

　　Chapter V Legal Liability

　　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 and interests related to copyright， of encouraging the creation and dissemination of works which would contribute to the building of an advanced socialist culture and ideology and to socialist material development， and of promoting the development and flourishing of socialist culture and sciences.

　　Article 2 Works of Chinese citizens， legal persons or entities without legal personality， whether published or not， shall enjoy copyright in accordance with this Law. Works of foreigners first published in the territory of the People's Republic of China shall enjoy copyright in accordance with this Law.

　　Any work of a foreigner published outside the territory of the People's Republic of China which is eligible to enjoy copyright under an agreement concluded between the country to which the foreigner belongs and China， or under an international treaty to which both countries are parties， shall be protected in accordance with this Law.

　　Article 3 For the purpose of this Law， the term “works” includes works of literature， art， natural science， social science， engineering technology and the like which are created in the following forms：

　　（1） written works；

　　（2） oral works；

　　（3） musical， dramatic， quyi and choreographic works；

　　（4） Works of fine art and photographic works；

　　（5） cinema to graphic， television and video-graphic works；

　　（6） drawings of engineering designs and product designs， and descriptions thereof；

　　（7） maps， sketches and other graphic works；

　　（8） computer software；

　　（9） other works as provided for in law and administrative rules and regulations.

　　Article 4 Works the publication or distribution 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 prejudice 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 and judicial nature； and their official translations；

　　（2） news on current affairs； and

　　（3） calendars， numerical tables， forms of general use and formulas.

　　Article 6 Measures for the protection of copyright in works of folk literature and art shall be established separately by the State Council.

　　Article 7 Where any scientific or technological work is protected under the Patent Law， the Law on Technology Contracts or similar laws， the provisions of those laws shal

l apply.

　　Article 8 The copyright administration department under the State Council shall be responsible for the nationwide administration of copyright. The copyright administration department under the people's government of each province， autonomous region and municipality directly under the Central Government shall be responsible for the administration of copyright in its respective administrative area.

　　Chapter II Copyright

　　Section 1 Copyright Owners and Their Rights

　　Article 9 The term “copyright owners” shall include：

　　（1） authors； and

　　（2） other citizens， legal persons and entities without legal personality enjoying copyright in accordance with this Law.

　　Article 10 The term “copyright” shall include the following personal rights and property rights：

　　（1） the right of publication， that is， the right to decide whether to make 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 indicated on his works；

　　（3） the right of alternation， 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 one's work against distortion and mutilation；

　　（5） the right of exploitation and the right to remuneration， that is， the right of exploiting one's work by means of reproduction， performance， broadcasting， exhibition distribution， making cinematographic， television or video production， adaptation， translation， annotation， compilation and the like， and the right of authorizing others to exploit one's work by the above-mentioned means， and of receiving remuneration therefor.

　　Section 2 Ownership of Copyright

　　Article 11 Except where 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 will and under the sponsorship and the responsibility of a legal or entity without legal personality， such legal person or entity without legal personality shall be deemed to be the author of the work. The citizen， legal person or entity without legal personality whose name is indicated on a work shall， in the absence of proof to the contrary， be deemed to 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 adapt or， translator or arranger， provided that the exercise of such copyright shall not prejudice the copyright in the original work.

　　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. Any person who has not participated in the creation of the work may not claim the co- authorship.

　　If a work of joint authorship can be separated into independent parts and exploited separately， each co-author may be entitled to independent copyright in the parts that he has created， provided that the exercise of such copyright shall not prejudice the copyright in the joint work as a whole.

　　Article 14 The copyright in a work created by compilation shall be enjoyed by the compiler， provided that the exercise of such copyright shall not prejudice the copyright in the preexisting works included in the compilation.

　　The authors of such works included in a compilation as can be exploited separately shall be entitled to exercise their copyright in their works independently.

　　Article 15 The director， screenwriter， lyricist， composer， cameraman and other authors of a cinematographic， television or video-graphic work shall enjoy the right of authorship in the work， while the other rights included in the copyright shall be enjoyed by the producer of the work.

　　T

he authors of screenplay， musical works and other works that are included in a cinematographic， television or video-graphic work and can be exploited separately shall be entitled to exercise their copyright independently.

　　Article 16 A work created by a citizen in the fulfillment of tasks assigned to him by a legal person or entity without legal personality shall be deemed to be a work created in the course of employment. The copyright in such a work shall， subject to the provisions of the second paragraph of this Article， be enjoyed by the author， provided that the legal person or entity without legal personality shall have a right of priority to exploit the work within the scope of its professional activities. During the two years after the completion of the work， the author may not， without the consent of the legal person or entity without legal personality， authorize a third party to exploit the work into the same way as the legal person or entity without legal personality does. The author of a work created in the course of employment in one of the following circumstances shall enjoy the right of authorship， while the legal person or entity without legal personality shall enjoy the other rights included in the copyright and may Reward the author：

　　（1） drawings of engineering designs and product designs and descriptions thereof； computer software； maps and other works created in the course of employment mainly with the material and technical resources of the legal person or entity without legal personality and under its responsibility；

　　（2） works created in the course of employment where the copyright is， in accordance with laws， administrative rules and regulations or contracts concerned， enjoyed by the legal person or entity w

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