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

he radio station or television station which has produced that programme； or

　　（7） producing or selling a work of fine art where the signature of the author is forged.

　　Article 47 A party who fails to perform his contractual obligations， or performs them in a manner which is not in conformity with the agreed terms shall bear civil liability in accordance with the relevant provisions of the General Principles of the Civil Law.

　　Article 48 A dispute over copyright infringement may be settled by mediation. If mediation is unsuccessful， or if one of the parties retracts from his promise after a mediation agreement is reached， proceedings may be instituted in a people's court. Proceedings may also instituted directly in a people's court if the parties do not wish to settle the dispute by mediation.

　　Article 49 A dispute over a copyright contract may be settled by mediation. It may also， in accordance with the arbitration clause of contract， or a written arbitration agreement concluded after the contract has been signed， be submitted to a copyright arbitration body for arbitration.

　　The parties shall implement the arbitration award. If one of the parties fails to implement the award， the other party may apply to a people's court for execution. If the people's court which has been requested to execute an arbitration award finds that the arbitration award is contrary to law， it shall have the right to refuse the execution. Where the people's court refuses to execute an arbitration award， the parties may institute proceedings in a people's court for contractual dispute.

　　Where no arbitration clause is stipulated in the contract and no written arbitration agreement is concluded after the contract has been signed， any party may institute proceedings directly in a people's court.

　　Article 50 Any party who is not satisfied with an administrative penalty may institute proceedings in a people's court within three months from receipt of the written decision of the administrative penalty. If the party neither institutes proceedings nor executes the decision within the time limit， the copyright administration department may apply to a people's court for execution.

　　Chapter VI Supplementary Provisions

　　Article 51 For the purpose of this Law， the term “zhuzuoquan” （author's rights） is synonymous with the term “banquan” （copyright）。

　　Article 52 The term “reproduction” as used in this Law means the act of producing one or more co

pies of a work by printing， photocopying， copying， lithographing， making a sound recording or video recording， duplicating a recording， or duplicating a photographic work or by other means.

　　The term “reproduction” as used in this Law does not cover the construction or manufacture of industrial products on the basis of drawings of engineering designs and product designs， and descriptions thereof.

　　Article 53 Measures for the protection of computer software shall be established separately by the State Council.

　　Article 54 The implementing regulations of this Law shall be drawn up by the copyright administration department under the State Council and shall enter into force after approval by the State Council.

　　Article 55 The rights of copyright owners， publishers， performers， producers of sound recordings and video recordings， radio stations and television stations as provided for in this Law shall， if their term of protection as specified in this Law has not yet expired on the date of entry into force of this Law， be protected in accordance with this Law. Any act of infringement or breach of contract committed prior to the entry into force of this Law shall be dealt with in accordance with the relevant regulations or policies in force at the time when such act was committed.

　　Article 56 This Law shall enter into force as of June 1， 1991.

　　Note：

　　[*1] This English version is the preliminary English translation provided by the Legislative Affairs Commission of the Standing Committee of the National People's Congress of the People's Republic of China. It shall be republished after being further revised and finalized by the Legislative Affairs Commission of the Standing Committee of the National People's Congress of the People's Republic of China. - The Edito

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