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）

compensation for damages; where public rights and interests are impaired, the administrative department for copyright may order the person to discontinue the infringement, confiscate his unlawful gains, confiscate or destroy the copies produced through infringement, and may also impose a fine; where the circumstances are serious, the said department may, in addition, confiscate the material, tools and instruments mainly used to produce copies through infringement; and where a crime is constituted, criminal liabilities shall be investigated in accordance with law：

　　（1）reproducing, distributing, performing, presenting, broadcasting, compiling a work or making it available to the public through information network, without permission of the copyright owner, except where otherwise provided for in this Law;

　　（2）publishing a book the exclusive right of publication in which is enjoyed be another person;

　　（3）reproducing or distributing a sound recording or video recording of a performance, or making a performance available to the public through information network, without performer, except where otherwise provided for in this Law;

　　（4）reproducing or distributing a product of sound recording or video recording or making it available to the public through information network, without permission of the producer, except where otherwise provided for in this Law;

　　（5）rebroadcasting a radio or television program or reproducing such a program without permission, except where otherwise provided for in this Law;

　　（6）intentionally circumventing or sabotaging the technological measures adopted by a copyright owner or an owner of the rights related to the copyright to protect the copyright or the rights related to the copyright in the work or the products sound recording or video recording, without permission of the owner, except where otherwise provided for in law or administrative regulations;

　　（7）intentionally removing or altering any electronic rights management information attached to a copy of a work, a product of sound recording or video recording, etc. without permission of the copyright owner or the owner of the rights related to the copyright, except where otherwise provided for in this Law; of

　　（8）producing or selling a work the authorship of which is counterfeited.

　　Article 48 Anyone who infringes upon the copyright or a right related to the copyright shall pay compensation for the actual losses suffered by the right owner,

or where the actual losses are difficult to calculate, pay compensation to the amount of the unlawful gains of the infringer. The compensation shall include the reasonable expenses that the right owner has paid for putting a stop to the infringement.

　　Where the actual losses of the right owner or the unlawful gains of the infringer cannot be determined, the People's Court shall, in light of the circumstances of the infringement, decide on a compensation amounting to not more than RMB 500,000.

　　Article 49 Where a copyright owner or an owner of a right related to the copyright who can present evidence to prove that another person is committing, or is about to commit, an infringement upon his right, which, unless prevented promptly, is likely to cause irreparable harm to his legitimate rights and interests, he may, before taking legal proceedings, apply to a People's Court for measures to order discontinuation of the infringement and to preserve property.

　　When dealing with the application specified in the preceding paragraph, the People's Court shall apply the provisions in Article 93 through Article 96 and Article 99 of the Civil Procedure Law of the People's Republic of China.

　　Article 50 In order to prevent infringement, a copyright owner or an owner of a right related to the copyright may, before taking legal proceedings, apply to a People's Court for preserving evidence, where the evidence is likely to be missing or is difficult to obtain later.

　　After accepting the application, the People's Court shall make a ruling within 48 hours. Where it rules to adopt preservation measures, it shall have the measures enforced immediately.

　　The People's Court may order the applicant to provide a guarantee, and shall reject the application where the applicant fails to do so.

　　Where the applicant fails to take legal proceedings within 15 days from the date the People's Court adopts the preservation measure, the People's Court shall terminate the measure.

　　Article 51 When trying a case where the copyright or a right related to it is infringed upon, the People's Court may rule to confiscate the unlawful gains, the products of infringement and money and things of value used for illegal activities.

　　Article 52 A publisher or a producer of reproductions who fails to prove that he is legally authorized publishing or producing of the reproductions, or a distributor of reproductions or a renter of reproductions of a cinematographic work or a work created by a process analogous to cinematography, computer software, sound recording or video recording who fails to prove the legal source of the reproductions that he distributes or rents, shall bear legal liabilities.

　　Article 53 Any party who fails to perform his contractual obligations, or performs them at variance with the agreed conditions in the contract, shall bear civil liabilities in accordance with the relevant provisions of the General Principles of the Civil Law of the People's Republic of China, the Contract Law of the People's Republic of China and other related laws.

　　Article 54 Any dispute over copyright may be settled through mediation, it may also be submitted to an arbitration body for arbitration under a written arbitration agreement between the parties or under the arbitration clause in the copyright contract.

　　Any party may take legal proceedings directly in a People's Court where there is neither a written arbitration agreement between the parties nor an arbitration clause in the contract.

　　Article 55 Any party that is not satisfied with an administrative penalty, may taking legal proceedings in a People's Court within three months from the date he receives the written decision on the penalty. Where the party neither takes legal proceedings nor implements the decision at the expiration of the time limit, the administrative department for copyright may apply to the

People's Court for enforcement.

　　Chapter VI

　　Supplementary Provisions

　　Article 56 The term zhuzuoquan（copyright）as used in this Law means banquan commonly used in the country.

　　Article 57 The term publish as used in Article 2 of this Law means reproducing and distributing of a work.

　　Article 58 Measures for the protection of computer software and of the right of communication through information network shall be formulated separately by the State Council.

　　Article 59 The rights of copyright owners, publishers, performers, producers of sound recordings and video recordings, radio stations and television stations, as provided for in this Law, shall, if the term of their protection specified in this Law has not yet expired on the date this Law goes into effect, be protected in accordance with this Law.

　　Any act of tort or breach of contract committed prior to the date this Law goes into effect shall be dealt with in accordance with the relevant regulations or policies in force at the time when such act was committed.

　　Article 60 This Law shall go into effect on June 1,1991

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