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）

on the term of protection for an author's rights authorship and revision and his right to protect the integrity of his work.

　　Article 21 In respect of a work of a citizen, the term of protection for the right of publication and the rights as provided for in Subparagraph（5）through Subparagraph（17）of the first paragraph in Article 10 of this Law shall be the lifetime of the author and fifty years after his death, expiring on December 31 of the fiftieth year after his death. In the case of a work of joint authorship, the last expire on December 31 of the fiftieth year after the death of the last surviving author.

　　In respect of a work of a legal entity or other organization or a work which is created in the course of employment and the copyright（except the right of authorship）in which is enjoyed by a legal entity or other organization, the term of protection for the right of publication and the rights as provided for in Subparagraph（5）through Subparagraph（17）of the first paragraph in Article 10 of this Law shall be fifty years, expiring on December 31 of the fiftieth year after the first publication of such work; however, such work shall no longer be protected under this Law if it is not published within fifty years after the completion of its creation.

　　In respect of a cinematographic work, a work created by a process analogous to cinematography or a photographic work, the term of protection for the right of publication and the rights as provided for in Subparagraph（5）through Subparagraph（17）of the first paragraph in Article 10 of this Law shall be fifty years, expiring on December 31 of the fiftieth year after the first publication of such work; however, such work shall no longer be protected under this Law if it is not published within fifty years after the completion of its creation.

　　Section 4

　　Limitations on Rights

　　Article 22 In the following cases, a work may be used without permission from, and without payment of remuneration to, the copyright owner, provided that the name of the author and the title of the work are mentioned and the other rights enjoyed by the copyright owner in accor

dance with this Law are not prejudiced：

　　（1）use of another person's published work for purposes of the user's own personal study, research or appreciation;

　　（2）appropriate quotation from another person's published work in one's own work for the purpose of introducing or commenting a certain work, or explaining a certain point;

　　（3）unavoidable inclusion or quotation of a published work in the media, such as in a newspaper, periodical and radio and television program, for the purpose of reporting current events;

　　（4）publishing or rebroadcasting by the media, such as a newspaper, periodical, radio station and television station, of an article published by another newspaper or periodical, or broadcast by another radio station or television station, etc. on current political, economic or religious topics, except where the author declares that such publishing or rebroadcasting is not permitted;

　　（5）publishing or broadcasting by the media, such as a newspaper, periodical, radio station and television station of a speech delivered at a public gathering, except where the author declares that such publishing or broadcasting is not permitted;

　　（6）translation, or reproduction in a shall quantity of copies of a published work by teachers or scientific researchers for use in classroom teaching or scientific research, provided that the translation or the reproductions are not published for distribution;

　　（7）use of a published work by a State organ to a justifiable extent for the purpose of fulfilling its official duties;

　　（8）reproduction of a work in its collections by a library, archive, memorial hall, museum, art gallery, etc. for the purpose of display, or preservation of a copy, of the work;

　　（9）gratuitous live performance of a published work, for which no fees are charged to the public, nor payments are made to the performers.

　　（10）copying, drawing, photographing or video-recording of a work of art put up or displayed in an outdoor public place;

　　（11）translation of a published work of a Chinese citizen, legal entity or other organization from Han language into minority nationality languages for publication and distribution in the country; and

　　（12）transliteration of a published work into braille for publication.

　　The provisions of the preceding paragraph shall be applicable also to the rights of publishers, performers, producers of sound recordings and video recordings, radio stations and television stations.

　　Article 23 Except where the author declares in advance that use of his work is not permitted, passages from a work, a short written work, musical work, a single work of the fine arts or photographic work which has been published may. Without permission from the copyright owner, be compiled in textbooks for the purpose of compiling and publishing textbooks for the nine-year compulsory education and for national education planning, provided that remuneration is paid, the name of the author and the title of the work are mentioned, and the other rights enjoyed by the copyright owner in accordance with this Law are not prejudiced.

　　The provisions of the preceding paragraph shall be applicable also to the rights of publishers, performers, producers of sound recordings and video recordings, radio stations and television stations.

　　Chapter III

　　Copyright Licensing and Transfer Contracts

　　Article 24 Anyone who exploits another person's work shall conclude a copyright licensing contract with the copyright owner, except where no permission need be obtained under this Law.

　　A licensing contract shall include the following main points：

　　（1）the category of the right to exploit the work covered by the license;

　　（2）the exclusive or non-exclusive nature of the right to exploit the work covered by the license;

　　（3）the territory and the term covered by th

e license;

　　（4）the rates of remuneration and the means of payment;

　　（5）the liabilities in the case of breach of the contract; and

　　（6）other matters which the parties consider it necessary to agree upon.

　　Article 25 Anyone who transfers any of the rights provided for in Subparagraph（5）through Subparagraph（17）of the first paragraph in Article 10 of this Law shall conclude a written contract.

　　A copyright transfer contract shall include the following main points：

　　（1）the title of the work;

　　（2）the category of the right to be transferred and the territory covered by the transfer;

　　（3）the rates of the transfer fee;

　　（4）the date and the means of payment of the transfer fee;

　　（5）the liabilities in the case of breach of the contract; and

　　（6）other matters that the parties consider it necessary to agree upon.

　　Article 26 The other party may not, without permission from the copyright owner, exercise any right that is not explicitly licensed or transferred by the copyright owner in the contract.

　　Article 27 The rates of remuneration for the exploitation of a work may be agreed upon by the parties and may also be paid in accordance with the rates fixed by the administrative department for copyright under the State Council in conjunction with the other departments concerned. In the absence of an explicit agreement in the contract, the remuneration shall be paid in accordance with the rates fixed by the said department under the State Council in conjunction with the other departments concerned.

　　Article 28 No publishers, performers, producers of sound recordings and video recordings, radio stations, television stations, etc. that exploit another person's work in accordance with the relevant provisions of this Law may infringe upon the authors' rights of authorship, revision or protection of the integrity of the works, or their right to remuneration.

　　Chapter IV

　　Publication, Performance, Sound Recording, Video Recording and Broadcasting

　　Section 1

　　Publication of Books, Newspapers and Periodicals

　　Article 29 A books publisher who intends to publish a book shall conclude a publishing contract with, and pay remuneration to, the copyright owner.

　　Article 30 The exclusive right enjoyed by the book publisher in accordance with the agreement in the contract to publish a work that the copyright owner delivered to him for publishing shall be protected by law, and the work may not be published by others.

　　Article 31 The copyright owner shall deliver the work within the term specified in the contract. The book publisher shall publish the work in compliance with the quality requirements and within the term as specified in the contract.

　　The book publisher who fails to publish the work within the term specified in the contract shall bear civil liabilities provided for in Article 53 of this Law.

　　When the book publisher reprints or republishes the work, it shall notify the copyright owner of the matter and pay remuneration to him. If the publisher refuses to reprint or republish the work when the stock of the book is exhausted, the copyright owner shall have the right to terminate the contract.

　　Article 32 Where a copyright owner has submitted the manuscript of his work to a newspaper or periodical publisher for publication and has not received, within 15 days from the newspaper or within 30 days from the periodical publisher, counted from the date of submission of the manuscript, any notification of t

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