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

ithout legal personality.

　　Article 17 The ownership of copyright in a commissioned work shall be agreed upon in a contract between the commissioning and the commissioned parties. In the absence of a contract or of an explicit agreement in the contract， the copyright in such a work shall belong to the commissioned party.

　　Article 18 The transfer of ownership of the original copy of a work of fine art， or other works， shall not be deemed to include the transfer of the copyright in such work， provided that the right to exhibit the original copy of a work of fine art shall be enjoyed by the owner of such original copy.

　　Article 19 Where the copyright in a work belongs to a citizen， the right of exploitation and the right to remuneration in respect of the work shall， after his death， during the term of protection provided for in this Law， be transferred in accordance with the provisions of the Law of Succession. Where the copyright in a work belongs to a legal person or entity without legal personality， the right of exploitation and the right to remuneration shall， after the change or the termination of the legal person or entity without legal personality， during the term of protection provided for in this Law， be enjoyed by the succeeding legal person or entity without legal personality which has taken over the former's rights and obligations， or， in the absence of such a successor entity， by the state.

　　Section 3 Term of Protection of Rights

　　Article 20 The term of protection of the rights of authorship， alteration， and integrity of an author shall be unlimited.

　　Article 21 The term of protection of the right of publication， the right of exploitation and the right to remuneration in respect of a work of a citizen shall be the life time of the author and fifty years after his death， expiring on December 31 of the fiftieth year after his death. In the case of a work of joint authorship， such term shall expire on December 31 of the fiftieth year after the death of the last surviving author. The term of protection of the right of publication， the right of exploitation and the right to remuneration in respect of a work where the

copyright belongs to a legal person or entity without legal personality， or in respect of a work created in the course of employment where the legal person or entity without legal personality enjoys the copyright （except the right of authorship）， shall be fifty years， expiring on December 31 of the fiftieth year after the first publication of such work， provided that any such work that has not been published within fifty years after the completion of its creation shall no longer be protected under this Law.

　　The term of protection of the right of publication， the right of exploitation and the right to remuneration in respect of a cinematographic， television， video-graphic or photographic work shall be fifty years， expiring on December 31 of the fiftieth year after the first publication of such work， provided that any such work that has not been published within fifty years after the completion of its creation shall no longer be protected under this Law.

　　Section 4 Limitations on Rights

　　Article 22 In the following cases， a work may be used without permission from， and without payment of remuneration to， the copyright owner， provided that the name of the author and the title of the work shall be indicated and the other rights enjoyed by the copyright owner by virtue of this Law shall not be prejudiced：

　　（1） use of a published work of others for the user's own private study， research or self entertainment；

　　（2） appropriate quotation from a published work of others in one's work for the purposes of introduction to， or comment on， a work， or demonstration of a point；

　　（3） use of a published work in newspapers， periodicals， radio programmes， television programmes or newsreels for the purpose of reporting current affairs；

　　（4） reprinting by newspapers or periodicals， or rebroadcasting by radio stations or television stations， of editorials or commentator's articles published by other newspapers， periodicals， radio stations or television stations；

　　（5） publication in newspapers or periodicals， or broadcasting by radio stations or television stations， of a speech delivered at a public gathering， except where the author has declared that the publication or broadcasting is not permitted；

　　（6） translation or reproduction in a small quantity of copies， of a published work for use by teachers or scientific researchers， in classroom teaching or scientific research， provided that the translation or reproduction shall not be published or distributed；

　　（7） use of a published work by a state organ for the purpose of performing its official duties；

　　（8） reproduction of a work in its collections by a library， an archives center， a memorial hall， a museum， an art gallery or a similar institution， for the purposes of display， or preservation of a copy， of the work；

　　（9） free performance of a published work；

　　（10） copying， drawing， photographing， or video recording of an artistic work located or on display in an outdoor public place；

　　（11） translation of a published work from the language of the Han nationality into minority nationality languages for publication and distribution in the country；

　　（12） transliteration of a published work into Braille and publication of the work so transliterated.

　　The above limitations on rights shall be applicable also to the rights of publishers， performers， producers of sound recordings and video recordings， radio stations and television stations.

　　Chapter III Copyright Licensing Contracts

　　Article 23 Anyone who exploits a work created by others shall， except where no permission is required in accordance with the provisions of this Law， conclude a contract with， or otherwise obtain permission from， the copyright owner.

　　Article 24 A contract shall include the following basic clauses：

　　（1） the manner of exploitation of the work covered by

the license；

　　（2） the exclusive or nonexclusive nature of the right to exploit the work covered by the license；

　　（3） the scope and term of the license；

　　（4） the amount of remuneration and the method of its payment；

　　（5） the liability for breach of contract； and

　　（6） any other matter which the contracting parties consider necessary.

　　Article 25 Without permission from the copyright owner， the other party to the contract shall not exercise the right which the copyright owner has not explicitly licensed in the contract.

　　Article 26 The term of validity of a contract shall not exceed ten years. The contract may be renewed on expiration of that term. Article 27 The tariffs of remuneration for the exploitation of works shall be established by the copyright administration department under the State Council jointly with other departments concerned.

　　Where otherwise agreed to in a contract， remuneration may be paid in accordance with the terms of the said contract.

　　Article 28 Publishers， performers， producers of sound recordings and video recordings， radio stations， television stations and other entities who or which have， pursuant to this Law， obtained the right of exploitation included in the copyright of others， shall not prejudice such authors' rights of authorship， alteration， integrity and their right to remuneration.

　　Chapter IV Publication， Performance， Sound Recording， Video Recor- ding and Broadcasting

　　Section 1 Publication of Books， Newspapers and Periodicals

　　Article 29 A book publisher who publishes a book shall conclude a publishing contract with， and pay remuneration to， the copyright owner.

　　Article 30 A book publisher shall， during the term of the contract， have an exclusive right to publish the work delivered to him for publication by the copyright owner. The term of the exclusive right to publish the work， enjoyed by the book publisher as specified in the contract， shall not exceed ten years. The contract may be renewed on expiration of that term. The exclusive right to publish a work enjoyed by the book publisher shall， during the term specified in the contract， be protected by law， and the work may not be published by others.

　　Article 31 The copyright owner shall deliver the work to the publisher within the time limit specified in the contract. The book publisher shall publish the work according to the quality requirements and within the time limit specified in the contract. The book publisher shall bear the civil liability in accordance with the provisions of Article 47 of this Law if he fails to publish the work within the time limit specified in the contract.

　　The book publisher shall notify， and pay remuneration to， the copyright owner when the work is to be reprinted or republished. If the book publisher refuses to reprint or republish the work when the stocks of the book are exhausted， the copyright owner shall have the right to terminate the contract.

　　Article 32 Where a copyright owner has submitted the manuscript of his work to a newspaper or a periodical publisher for publication and has not received any notification of the said publisher's decision to publish the work， within fifteen days from the newspaper publisher or within thirty days from the periodical publisher from the date of submission of the manuscript， the copyright owner may submit the manuscript of the same work to another newspaper or periodical publisher for publication unless the two parties have agreed otherwise.

　　After a work is pu

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