全国人民代表大会常务委员会关于修改《中华人民共和国著作权法》的决定 附：修正本（二）

　　Chapter II

　　Copyright

　　Section 1

　　Copyright Owner and Their Rights

　　Article 9 Copyright owners include：

　　（1）authors; and

　　（2）other citizens, legal entities and other organizations enjoying the copyright in accordance with this Law.

　　Article 10 Copyright includes the following personal rights and property rights：

　　（1）the right of publication, that is, the right to decide whether to make a work available to the public;

　　（2）the right of authorship, that is, the right to claim authorship in respect of, and to have the author's name mentioned in connection with, a work;

　　（3）the right of revision, that is, the right to revise or authorize others to revise a work;

　　（4）the right of integrity, that is, the right to protect a work against distortion and mutilation;

　　（5）the right of reproduction, that is, the right to produce one or more copies of a work by printing, photocopying, lithographing, making a sound recording or video recording, duplicating a recording, or duplicating a photographic work, or by other means;

　　（6）the right of distribution, that is, the right to provide the original copy or reproductions of a work to the public by selling or donating;

　　（7）the right of rental, that is, the right to authorize others to use temporarily a cinematographic work or a work created by a process analogous to cinematography, or computer software, except where the software itself is not the essential object of the rental;

　　（8）the right of exhibition, that is, the right to publicly display the original copy or reproductions of a work of the fine arts or of a photographic work;

　　（9）the right of performance, that is, the right to publicly perform a work, and to publicly communicate the performance of a work by any means or process;

　　（10）the right of presentation, that is, right to publicly present a work of the fine arts, a photographic work, a cinematographic work, a work created by a process analogous to cinematography, or other works, by projector, slide projector or any other technology or instrument;

　　（11）the right of broadcasting, that is, the right to broadcast a work or disseminate it to the public by any wireless means, to communicate the broadcast of a work to the public by wire or by rebroadcasting, and to publicly communicate the broadcast of a work by loudspeaker or any other analogous instrument transmitting signs, sounds or images;

　　（12）the right of communication through information network, that is, the right to make a work available to the public by wire or by wireless means, so that people may have access to the work from a place and at a time individually chosen by them;

　　（13）the right of cinematography, that is, the right to fix an adaptation of a work in a medium by cinematography or a process analogous to cinematography;

　　（14）the right of adaptation, that is, the right to change a work into a new one with originality;

　　（15）the right of translation, that is, the right to change the language in which the work is written into another language;

　　（16）the right of compilation, that is, the right to compile by selection or a arrangement preexisting works or passages therefrom into a new work; and

　　（17）other right to be enjoyed by copyright owners;

　　Copyright owners may authorize other's exercising of the rights provided for in Subparagraph（5）through Subparagraph（17）of the preceding paragraph and receive remuneration in accordance with the terms of contracts or the relevant provisions in this Law.

　　Copyright owners may transfer, wholly or in part, the rights provided for in Subparagraph（5）through Subparagraph（17）of the first paragraph in this Article and receive fees in accordance with the terms of contracts or the relevant provisions in this Law.

　　Section 2

　　Owne

rship of Copyright

　　Article 11 Except where otherwise provided for in this Law, the copyright in a work shall belong to its author.

　　The author of a work is the citizen who creates the work.

　　Where a work is created under the auspices and according to the intention of a legal entity or other organization, which bears responsibility for the work, the said legal entity or organization shall be deemed to be the author of the work.

　　The citizen, legal entity or other organization whose name is mentioned in connection with a work shall, in the absence of proof to the contrary, be deemed to be the author of the work.

　　Article 12 Where a work is created by adaptation, translation, annotation or arrangement of a preexisting work, the copyright in the work thus created shall be enjoyed by the adapter, translator, annotator or arranger, provided that the exercise of such copyright does not prejudice the copyright in the preexisting work.

　　Article 13 Where a work is created jointly by two or more authors, the copyright in the work shall be enjoyed jointly by the co-authors. No co-authorship may be claimed by anyone who has not participated in the creation of the work.

　　Where a work of joint authorship an can be separated into parts and exploited separately, each co-author may be entitled to independent copyright in the part that he creates, provided that the exercise of such copyright does not prejudice the copyright in the joint work as a whole.

　　Article 14 A collection of preexisting works or passages therefrom, or of data or other material which does constitute a work, if manifesting the originality of work by reason of the selection or arrangement of its contents, is a compilation. The copyright in such compilation shall be enjoyed by the compiler, provided that the exercise of such copyright does not prejudice the copyright in the preexisting works.

　　Article 15 The copyright in a cinematographic work or in a work created by a process analogous to cinematography shall be enjoyed by the producer of the work, while its scriptwriter, director, cameraman, lyricist, composer and other authors shall enjoy the right of authorship therein and shall be entitled to receive remuneration in accordance with the terms of the contracts concluded between them and the producer.

　　The authors of the script, the musical works and the other works which are included in a cinematographic work or in a work created by a process analogous to cinematography and which can be exploited separately shall be entitled to exercise their copyright independently.

　　Article 16 A work created by a citizen in the fulfillment of tasks assigned to him by a legal entity or other organization is a work created in the course of employment. Subject to the provisions of the second paragraph of this Article, the copyright in such work shall be enjoyed by the author; however, the legal entity or other organization shall have priority to exploit the work within the scope of its professional activities. Within two years after the completion of the work, the author may not, without the consent of the legal entity or other organization, authorize the exploitation of the work by a third party in the same manner as the legal entity or other organization exploits the work.

　　In any of the following cases, the author of a work created in the course of employment shall enjoy the right to authorship, while the legal entity or other organization shall enjoy the other rights included in copyright and may reward the author：

　　（1）drawings of engineering designs and product designs, maps, computer software and other works which are created in the course of employment mainly with the material and technical resources of the legal entity or other organization and for which the legal entity or other organization bears responsibility;

　　（2）works created in the course of employment

the copyright in which is, in accordance with laws, administrative regulations or contracts, enjoyed by the legal entity or organization.

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

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

　　Article 19 Where the copyright in a work belongs to a citizen, the rights as provided for in Subparagraph（5）through Subparagraph（17）of the first paragraph in Article 10 of this Law in respect of the work shall, after his death and 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 entity or other organization, the rights provided for in Subparagraph（5）through Subparagraph（17）of the first paragraph in Article 10 of this Law shall, after the change or the termination of the status of the legal entity or other organization and during the term of protection provided for in this Law, be enjoyed by the succeeding legal entity or other organization which takes over the former' s rights and obligations, or, in the absence of such succeeding entity or organization, by the State.

　　Section 3

　　Term of Protection for the Rights

　　Article 20 No time limit shall be set

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