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

th the copyright owner. If the licence is exclusive， such contract shall be made in writing， except in the case of works carried by newspapers or periodicals.

　　Article 24　The particulars of an exclusive licence as provided for in Article 24 of the Copyright Law shall be stipulated in the contract. If such particulars are not stipulated， or not stipulated clearly， in the contract， the licensee shall be deemed to have the right to exclude all others， including the copyright owner， from using the work in the same manner. Unless stipulated otherwise in the contract， sublicenses shall be subject to the permission of the copyright owner.

　　Article 25　Exclusive licensing contracts or assignment contracts concluded with copyright owners may be recorded with the copyright administration departments.

　　Article 26　For the purposes of the Copyright Law and these Regulations， the term “neighbouring rights” means the rights of publishers in the layouts of the books and periodicals published by them， the rights of performers in their performances， the rights of producers of sound recordings and producers of video recordings in the sound recordings and video recordings produced by them， and the rights of radio and television stations in the radio and television programmes broadcast by them.

　　Article 27　The exercise by publishers， performers， producers of sound recordings， producers of video recordings， radio stations and television stations of their rights may not prejudice the rights of the owners of the copyright in the works used or those of the owners of the copyright in the original works.

　　Article 28　If a book publishing contract provides that the book publisher has the exclusive right of publication but the particulars of such right are not specified， the book publisher shall be deemed to have the exclusive right to publish the original edition or revised editions of the book in the same language within the territory stipulated in the contract during the term of the contract.

　　Article 29　For the purposes of Article 31 of the Copyright Law， a book shall be deemed to be out of stock when two orders s

ent to the book publisher by the copyright owner are not filled within six months.

　　Article 30　Where a copyright owner wishes to declare by virtue of the second paragraph of Article 32 of the Copyright Law that his work may not be reprinted or excerpted， he shall attach such a declaration to the work at the time of its publication in a newspaper or periodical.

　　Article 31　Where a copyright owner wishes to declare by virtue of the third paragraph of Article 39 of the Copyright Law that no sound recordings may be produced of his work， he shall make such a declaration at the time when a lawful sound recording is produced of the work.

　　Article 32　Where use is made of another's work pursuant to Article 23， the second paragraph of Article 32 or the third paragraph of Article 39 of the Copyright Law， remuneration shall be paid to the copyright owner within two months of the date on which the work commences to be used.

　　Article 33　Performances rendered inside China by foreigners and stateless persons shall be protected under the Copyright Law.

　　The rights， based on international treaties to which China has acceded， that foreigners and stateless persons enjoy in their performances shall be protected under the Copyright Law.

　　Article 34　Sound recordings produced and/or distributed in China by foreigners and stateless persons shall be protected under the Copyright Law.

　　The rights， based on international treaties to which China has acceded， that foreigners and stateless persons enjoy in the sound recordings produced and/or distributed by them shall be protected under the Copyright Law.

　　Article 35　The rights， based on international treaties to which China has acceded， that foreign radio stations and television stations enjoy in the radio and television programmes broadcast by them shall be protected under the Copyright Law.

　　Article 36　If an infringing act as mentioned in Article 47 of the Copyright Law is committed and such act also prejudices the public interest， the copyright administration department may impose a fine of not more than three times the amount of the illegal turnover or， if the amount of the illegal turnover is difficult to calculate， a fine of not more than Rmb 100，000.

　　Article 37　Infringing acts as mentioned in Article 47 of the Copyright Law that also prejudice the public interest shall be investigated and dealt with by the copyright administration department of the local people's government.

　　Infringing acts that have a serious impact nationwide may be investigated and dealt with by the copyright administration department of the State Council.

　　Article 38　These Regulations shall be implemented as of 15 September 2002. The PRC， Copyright Law Implementing Regulations approved by the State Council on 24 May 1991 and issued by the National Copyright Administration on 30 May 1991 shall be repealed on the same date

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