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

blished in a newspaper or a periodical， other newspaper or periodical publisher may， except where the copyright owner has declared that reprinting or excerpting is not permitted， reprint the work or print an abstract of it or print it as reference material， but such other publishers shall pay remuneration to the copyright owner as prescribed in regulations

.

　　Article 33 A book publisher may alter or abridge a work with the permission of the copyright owner. A newspaper publisher or periodical publisher may make editorial modifications and abridgments in a work， but shall not make any modifications in the content of the work unless permission has been obtained from the author.

　　Article 34 When publishing a work created by adaptation， translation， annotation， arrangement or compilation of a pre-existing work， the publisher shall pay remuneration both to the owner of the copyright in the work created by adaptation， translation， annotation， arrangement or compilation， and to the owner of the copyright in the original work.

　　Section 2 Performance

　　Article 35 A performer （an individual performer or a performing troupe） who for a performance exploits an unpublished work created by others shall obtain permission from， and pay remuneration to， the copyright owner.

　　A performer who for a commercial performance exploits a published work created by others does not need permission from， but shall， as prescribed by regulations， pay remuneration to the copyright owner； such work shall not be exploited where the copyright owner has declared that such exploitation is not permitted.

　　A performer who for a commercial performance exploits a work created by adaptation， translation， annotation or arrangement of a pre-existing work shall pay remuneration both to the owner of the copyright in the work created by adaptation， translation， annotation or arrangement and to the owner of the copyright in the original work. Where a performer performs a work created by others for the purpose of producing a sound recording， video recording， radio programme or television programme， the provisions of Article 37 and 40 of this Law shall apply.

　　Article 36 A performer shall， in relation to his performance， enjoy the right：

　　（1） to claim performer ship；

　　（2） to protect the image inherent in his performance from distortion；

　　（3） to authorize others to make live broadcasts； and

　　（4） to authorize others to make sound recordings and video recordings for commercial purposes， and to receive remuneration therefor.

　　Section 3 Sound Recording and Video Recording

　　Article 37 A producer of sound recordings who， for the production of a sound recording， exploits an unpublished work created by others shall obtain permission from， and pay remuneration to， the copyright owner. A producer of sound recordings who， for the production of a sound recording， exploits a published work created by others， does not need permission from， but shall， as prescribed by regulations， pay remuneration to， the copyright owner； such work shall not be exploited where the copyright owner has declared that such exploitation is not permitted. A producer of video recordings who， for the production of a video recording， exploits a work created by others shall obtain permission from， and pay remuneration to， the copyright owner.

　　A producer of sound recordings or video recordings who exploits a work created by adaptation， translation， annotation or arrangement of a pre- existing work shall pay remuneration both to the owner of the copyright in the work created by adaptation， translation， annotation or arrangement， and to the owner of the copyright in the original work.

　　Article 38 When producing a sound recording or video recording， the producer shall conclude a contract with， and pay remuneration to， the performer.

　　Article 39 A producer of sound recordings or video recordings shall have the right to authorize others to reproduce and distribute his sound recordings or video recordings and the right to receive remuneration therefor. The term of protection of such rights shall be fifty years， expiring on December 31 of the fiftieth year after the first publication of the recordings. A producer of sound recordings or v

ideo recordings who is authorized to reproduce and distribute a sound recording or video recording created by others shall also pay remuneration to the copyright owner and to the performer as prescribed by regulations.

　　Section 4 Broadcasting by Radio Station or Television Station

　　Article 40 A radio station or television station which exploits， for the production of a radio or television programme， an unpublished work created by others， shall obtain permission from， and pay remuneration to， the copyright owner.

　　A radio station or television station which exploits， for the production of a radio or television programme， a published work created by others does not need permission from the copyright owner， but such a work shall not be exploited where the copyright owner has declared that such exploitation is not permitted. In addition， remuneration shall be paid as prescribed by regulations unless this Law provides that no remuneration needs to be paid.

　　A radio station or television station which exploits， for the production of a radio or television programme， a work created by adaptation， translation， annotation， or arrangement of a pre-existing work， shall pay remuneration both to the owner of the copyright in the work created by adaptation， translation， annotation or arrangement and to the owner of the copyright in the original work.

　　Article 41 When producing a radio or television programme， the radio station or television station shall conclude a contract with， and pay remuneration to， the performer.

　　Article 42 A radio station or television station shall， in respect of a programme produced by it， enjoy the right：

　　（1） to broadcast the programme；

　　（2） to authorize others to broadcast the programme， and to receive remuneration therefor； and

　　（3） to authorize others to reproduce and distribute the radio or television programme， and to receive remuneration therefor.

　　The term of protection of the rights specified in the preceding paragraph shall be fifty years， expiring on December 31 of the fiftieth year after the first broadcasting of the programme.

　　A producer of sound recordings or video recordings who is authorized to reproduce and distribute a radio or television programme shall also pay remuneration to the copyright owner and the performer as prescribed by regulations.

　　Article 43 A radio station or television station may broadcast， for noncommercial purposes， a published sound recording without seeking permission from， or paying remuneration to， the copyright owner， performer and producer of the sound recording.

　　Article 44 A television station which broadcasts a cinematographic， television or video-graphic work produced by others shall obtain permission from， and pay remuneration to， the producer of the cinematographic， television or video-graphic work.

　　Chapter V Legal Liability

　　Article 45 Anyone who commits any of the following acts of infringement shall bear civil liability for such remedies as ceasing the infringing act， eliminating its ill effects， making a public apology or paying compensation or damages， etc.， depending on the circumstances：

　　（1） publishing a work without the permission of the copyright owner；

　　（2） publishing a work of joint authorship as a work created solely by oneself without the permission of the other co-authors；

　　（3） having one's name indicated on a work created by others， in order to seek personal fame and gain， where one has not participated in the creation of the work；

　　（4） distorting or mutilating a work created by others；

　　（5） exploiting a work by performance， broadcasting， exhibition， distribution， making cinematographic， television or video productions， adaptation， translation， annotation， and compilation， or by other means， without the permission of the copyright owner， unless otherwise provided in thi

s Law；

　　（6） exploiting a work created by others without paying remuneration as prescribed by regulations；

　　（7） broadcasting a live performance without the permission of the performer； or

　　（8） committing other acts of infringement of copyright and of other rights and interests related to copyright.

　　Article 46 Anyone who commits any of the following acts of infringement shall bear civil liability for such remedies as ceasing the infringing act， eliminating its ill effects， making a public apology or paying compensation for damages， etc.， depending on the circumstances， and may， in addition， be subjected by the copyright administration department to such administrative penalties as confiscation of unlawful income from the act， or imposition of a fine：

　　（1） plagiarizing a work created by others；

　　（2） reproducing and distributing a work， for commercial purposes， without the permission of the copyright owner；

　　（3） publishing a book where the exclusive right of publication belongs to another publisher；

　　（4） producing and publishing a sound recording or video recording of a performance without the permission of the performer；

　　（5） reproducing and distributing a sound recording or video recording produced by others without the permission of its producer；

　　（6） reproducing and distributing a radio programme or television programme without the permission of t

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