中华人民共和国著作权法实施条例 PRC Copyright Law Implementing Regulations

国务院令第359号

（Promulgated by the State Council on 2 August 2002 and effective as of 15 September 2002.）

颁布日期：20020802 　实施日期：20020915 　颁布单位：国务院

　　Article 1　These Regulations are formulated in accordance with the PRC， Copyright Law （the Copyright Law）。

　　Article 2　For the purposes of the Copyright Law， the term “works” means unique intellectual achievements in the fields of literature， art and science that can be reproduced in a tangible form.

　　Article 3　For the purposes of the Copyright Law， the term “creation” means intellectual activity that directly produces literary， artistic or scientific works.

　　Conducting organizational work， giving advice or comments， providing material conditions or otherwise rendering support in respect of the creation of works by others shall not be regarded as creation.

　　Article 4　For the purposes of the Copyright Law and these Regulations， the following works shall have the meanings set forth below：

　　1. “written works” means works expressed in written form， such as novels， poems， prose， treatises， etc.；

　　2. “oral works” means extemporaneous works expressed in oral form， such as speeches， lectures， court arguments， etc.；

　　3. “musical works” means works with or without lyrics that can be sung or played， such as songs， symphonies， etc.；

　　4. “theatrical works” means works for stage performance such as dramas， operas， local operas， etc.；

　　5. “works of quyi” means works mainly performed through storytelling and ballad singing， such as comic dialogues， quick-patter， versified stories sung to the accompaniment of a small drum and other instruments， storytelling， etc.；

　　6. “choreographic works” means works that express thoughts and feelings through continuous movement， postures， facial expressions， etc.；

　　7. “acrobatic works” means works expressed through bodily movements and techniques， such as acrobatics， conjuring， circus performances， etc.；

　　8. “works of fine art” means two- or three-dimensional aesthetic works of visual art made up of line， colour or other means， such as paintings， calligraphy， sculptures， etc.；

　　9. “works of architecture” means aesthetic works expressed in the form of buildings or structures；

　　10. “photographic works” means artistic works that are images of objects recorded on light-sensitive material or other media by means of instruments；

　　11. “cinematographic works and works created by a process analogous to cinematography” means works filmed on a certain medium and consisting of a series of frames， with or without accompanying sound， which are projected or otherwise communicated by means of appropriate equipment；

　　12. “graphic works” means drawings of engineering designs and drawings of product designs that are made for construction work or engineering purposes， and to maps， schematic drawings， etc. that reflect geographical phenomena or illustrate the principles or structures of things；

　　13. “model works” means three-dimensional works made to a certain scale on the basis of the shape and structure of objects， for purposes of display， testing or observation， etc.

　　Article 5　For the purposes of the Copyright Law and these Regulations， the following terms shall have the meanings set forth below：

　　1. “news of current events” means pure factual information reported by such media as newspapers， periodicals， radio stations， television stations， etc.；

　　2. “sound recording” means any recording of the sound of a performance or other sound；

　　3. “video recording” means any recording of continuous， related images or pictures with or without accompanying sound other than a cinematographic work or a work created by a process analogous to cinematography；

　　4. “producer of a sound recording” means a person that first produces a sound

recording；

　　5. “producer of a video recording” means a person that first produces a video recording；

　　6. “performer” means an actor or actress， an organization of performing artists or another person that performs a literary or artistic work.

　　Article 6　Copyright arises on the date on which creation of the work is completed.

　　Article 7　Copyright in works of foreigners or stateless persons that are first published in the People's Republic of China， as mentioned in the third paragraph of Article 2 of the Copyright Law， is protected from the date of first publication.

　　Article 8　A work of a foreigner or stateless person that is published in China within 30 days after it is first published outside China shall be deemed to have been simultaneously published in China.

　　Article 9　Where a joint work cannot be used by dividing it， the copyright therein shall be owned jointly by the co-authors and be exercised after they have reached a consensus thereon through consultations. If the co-authors fail to reach a consensus and there is no proper cause for such failure， no party may prevent any of the other parties from exercising any right other than the right of assignment； however， the gains derived shall be reasonably distributed among all the co-authors.

　　Article 10　If a copyright owner permits another person to film his work into a cinematographic work or a work created by a process analogous to cinematography， he shall be deemed to have agreed to the making of necessary modifications to his work； however， such modifications may not distort or mutilate the original work.

　　Article 11　For the purposes of the provisions concerning occupational works in the first paragraph of Article 16 of the Copyright Law， the term “task” means a duty to be performed in such legal person or other organization by the citizen.

　　For the purposes of the provisions concerning occupational works in the second paragraph of Article 16 of the Copyright Law， the term “material and technical resources” means funds， equipment or materials provided exclusively by the legal person or other organization for the citizen's completion of the creation.

　　Article 12　If the author of an occupational work， with the permission of his work unit， permits a third party to use the work in the same way as does the work unit within two years after completion of the work， the remuneration so derived shall be shared by the author and the work unit according to the ratio agreed upon.

　　The two-year time limit following completion of the work shall commence on the date on which the author delivers the work to his work unit.

　　Article 13　The copyright， other than the right of attribution， in a work by an author whose identity is unknown shall be exercised by the owner of the original copy of the work. Once the author's identity has been ascertained， the copyright shall be exercised by the author or his successor.

　　Article 14　If a co-author dies without a successor to or legatee of the rights specified in Items （5） to （17） of the first paragraph of Article 10 of the Copyright Law that were held by him in connection with the joint work， such rights shall vest in the other co-authors.

　　Article 15　After the death of an author， the attribution， revision and integrity rights in his work shall be protected by his successor or legatee.

　　If there is neither a successor to nor a legatee of copyright， the attribution， revision and integrity rights shall be protected by the copyright administration departments.

　　Article 16　The use of works in which the State holds copyright shall be administered by the copyright administration department of the State Council.

　　Article 17　If the author of an unpublished work did not expressly indicate before his death that the work should not be published， the right of publication of the work may be exercised by his su

ccessor or legatee for 50 years following the author's death. If there is neither a successor nor a legatee， the right of publication shall be exercised by the owner of the original copy of the work.

　　Article 18　The period of protection of the rights specified in Items （5） to （17） of the first paragraph of Article 10 of the Copyright Law in respect of a work by an author whose identity is unknown shall end on 31 December of the 50th year after the first publication of the work. After the identity of the author has been ascertained， Article 21 of the Copyright Law shall apply.

　　Article 19　When using another's work， the name of the author and the title of the work shall be indicated， unless the parties have agreed otherwise or the characteristics of the manner of use of the work make it impossible to indicate the same.

　　Article 20　For the purposes of the Copyright Law， the term “published work” means a work that has been made available to the public by the copyright owner himself or by a person whom he has permitted to do so.

　　Article 21　The use of a published work without permission from the copyright owner， pursuant to the relevant provisions of the Copyright Law， may not prejudice the normal use of the work and may not unreasonably prejudice the lawful rights and interests of the copyright owner.

　　Article 22　The rates for remuneration for the use of works pursuant to Article 23， the second paragraph of Article 32 and the third paragraph of Article 39 of the Copyright Law shall be stipulated and published by the copyright administration department of the State Council in conjunction with the department in charge of pricing of the State Council.

　　Article 23　Anyone who wishes to use the work of another shall conclude a licensing contract wi

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