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）

he said newspaper's or publisher's decision to publish the work, the copyright owner may submit the manuscript of the same work to another newspaper or periodical publisher for publishing, unless the parties have agreed otherwise.

　　Except where the copyright owner declares that no reprinting or excerpting of his work is permitted, a ne

wspaper of periodical publisher may, after the work is published by another newspaper or periodical publisher, reprint the work or print an abstract of it or print it as reference material, provided that remuneration is paid to the copyright owner in accordance with relevant regulations.

　　Article 33 A book publisher may, with the permission of the author, revise or abridge the work.

　　A newspaper or periodical publisher may make editorial modifications and abridgments in the language of work. Any revision in the contents of the work shall be subject to permission by the author.

　　Article 34 When publishing a work created by adaptation, translation, annotation, arrangement or compilation of a preexisting work, the publisher shall obtain permission from, and pay remuneration to, both the owner of the copyright permission from, and pay adaptation, translation, annotation, arrangement or compilation and the owner of the copyright in the preexisting work.

　　Article 35 A publisher shall have the right to permit another person to exploit, or prohibit such person from exploiting, the typographical design of the book or the periodical which he publishes.

　　The term of protection for the right specified in the preceding paragraph shall be tem years, expiring on December 31 of the tenth year after the first publication of the book or the periodical in which the typographical design is used.

　　Section 2

　　Performance

　　Article 36 A performer（an individual performer or a performing group）who exploits, for a performance, a work created by another person shall obtain permission from, and pay remuneration to, the copyright owner. Where a performance is organized by a person, the organizer shall obtain permission from, and pay remuneration to, the copyright owner.

　　Anyone who exploits, for a performance, a work created by adaptation, translation, annotation or arrangement of a preexisting work shall obtain permission from, and pay remuneration to, both the owner of the copyright in the work created by adaptation, translation, annotation or arrangement and the owner of the copyright in the preexisting work.

　　Article 37 A performer shall, in respect of his performance, enjoy the following rights：

　　（1）to claim performership;

　　（2）to protect the image inherent in his performance from distortion;

　　（3）to authorize others' live broadcasting or communication to the public of his performance, and receive remuneration therefrom;

　　（4）to authorize others' making of sound recordings and video recordings of his performance, and receive remuneration therefrom;

　　（5）to authorize others' reproduction and distribution of the sound recordings and video recordings of his performance, and receive remuneration therefrom; and

　　（6）to authorize others' making of his performance available to the public through information network, and receive remuneration therefrom.

　　A person who is authorized exploitation of a work in the manner provided for in Subparagraph（3）through Subparagraph（6）of the preceding paragraph shall, in addition, obtain permission from, and pay remuneration to, the copyright owner.

　　Article 38 No time limit shall be set on the term of protection for the rights provided for in Subparagraph（1）and （2）of the first paragraph in Article 37 of this Law.

　　The term of protection for the rights provided for in Subparagraph（3）through Subparagraph（6）of the first paragraph in Article 37 of this Law shall be fifty years, expiring on December 31 of the fiftieth year after the performance takes place.

　　Section 3

　　Sound Recording and Video Recording

　　Article 39 A producer of sound recordings or video recording who exploits, for making a sound recording or video recording, a work created by another person shall obtain permission from, and pay remuneration to, the copyright owner.

　　A producer of sound recordings or video recording who exploits a work created by adaptation, translation, annotation or arrangement of a preexisting work shall obtain permission from, and pay remuneration to, both the owner of the copyright in the work created by adaptation, translation, annotation or arrangement and the owner of the copyright in the preexisting work.

　　A producer of sound recording who exploits, for making a sound recording, a musical work of which a lawful sound recording has been made, may to without permission from the copyright owner, but shall, in accordance with regulations, pay remuneration to the copyright owner; no such work may be exploited where the copyright owner declares that exploitation is not permitted.

　　Article 40 When making a sound recording or video recording of a performance, the producer shall conclude a contract with, and pay remuneration to, the performer.

　　Article 41 The producer of a sound recording or video recording shall enjoy the right to authorize other's reproducing, distributing or renting the sound recording or video recording or making it available to the public through information network and to receive remuneration therefrom. The term of protection for such right shall be fifty years, expiring on December 31of the fiftieth year after the first completion of the recording.

　　Anyone who is authorized reproducing or distributing a sound recording or video recording or making it available to the public through information network shall, in addition, obtain permission from, and pay remuneration to, both the copyright owner and the performer.

　　Section 4

　　Broadcasting by a Radio Station or Television Station

　　Article 42 A radio station or television station that broadcasts an unpublished work created by another person shall obtain permission from, and pay remuneration to, the copyright owner.

　　A radio station or television station that broadcasts a published work created by another person may do without permission from, but shall pay remuneration to, the copyright owner.

　　Article 43 A radio station or television station that broadcasts a published sound recording may to without permission from, but shall pay remuneration to, the copyright owner, unless the parties have agreed otherwise. Specific measures in this regard shall be formulated by the State Council.

　　Article 44 A radio station or television station shall have the right to prohibit the following acts performed without its permission：

　　（1）broadcasting its programs; and

　　（2）making a sound recording or video recording of its programs and reproducing such recording.

　　The term of protection for the right specified in the preceding paragraph shall be fifty years, expiring on December 31 of the fiftieth year after the first broadcasting of a program.

　　Article 45 A television station that intends to broadcast a cinematographic work or a work created by a process analogous to cinematography, or a video recording produced by another person, shall obtain permission from, and pay remuneration to, the producer; in the case of a video recording, the television station shall, in addition, obtain permission from, and pay remuneration to, the copyright owner.

　　Chapter V

　　Legal Liabilities and Enforcement Measures

　　Article 46 Anyone who commits any of the following acts of infringement shall, depending on the circumstances, bear civil liabilities such as ceasing the infringement, eliminating the bad effects of the act, making an apology or paying compensation for damages：

　　（1）publishing a work without permission of the copyright owner;

　　（2）publishing a work of joint authorship as a work created solely by oneself, without permission of the other co-authors;

　　（3）having one's name mentioned in another person's work in the creation of which one has taken no par

t, in order to seek personal fame and gain;

　　（4）distorting or mutilating a work created by another person;

　　（5）plagiarizing a work created by another person;

　　（6）exploiting a work for exhibition or film-making or in a manner analogous to film-making, or for adaptation, translation, annotation, or for other purposes, without permission of the copyright owner, except where otherwise provided for in this Law;

　　（7）exploiting a work created by another person without paying remuneration as one should;

　　（8）renting a cinematographic work or a work created by a process analogous to cinematography, computer software, or products of sound recording or video recording, without permission of the copyright owner or the owner of the rights related to the copyright, except where otherwise provided for in this Law;

　　（9）exploiting the typographical design of a published book or periodical, without permission of the publisher;

　　（10）live broadcasting, communicating to the public, or recording a performance, without permission of the performer; or

　　（11）committing other acts infringing upon the copyright and the rights related to the copyright.

　　Article 47 Anyone who commits any of the following acts of infringement shall, depending on the circumstances, bear civil liabilities such as ceasing the infringement, eliminating the bad effects of the act, making an apology or paying

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