User:Cleansky0924/Copyright law of the People's Republic of China

The Copyright Law of the People's Republic of China is the copyright law implemented in mainland China. The current law was adopted by the Standing Committee of the Seventh National People's Congress on September 7, 1990, during its fifteenth session. It underwent its first amendment according to the Decision on Amending the Copyright Law of the People's Republic of China, passed during the twenty-fourth session of the Standing Committee of the Ninth National People's Congress on October 27, 2001. The second amendment was made in accordance with the Decision on Amending the Copyright Law of the People's Republic of China, passed during the thirteenth session of the Standing Committee of the Eleventh National People's Congress on February 26, 2010. The third amendment was made according to the Decision on Amending the Copyright Law of the People's Republic of China, passed during the twenty-third session of the Standing Committee of the Thirteenth National People's Congress on November 11, 2020..

Definition of Copyright:
In the Copyright Law of the People's Republic of China, the terms "著作权" (zhùzuòquán) and "版权" (bǎnquán) are synonymous, denoting the same concept.

Legislative Purpose and Basis
According to Article 1 of Chapter 1 of the Copyright Law of the People's Republic of China, the legislative purpose of the law is to "protect the copyright of authors of literary, artistic, and scientific works, as well as related rights, encourage the creation and dissemination of works beneficial to the socialist spiritual and material civilization construction, and promote the development and prosperity of socialist culture and scientific endeavors."

The legislative basis is the Constitution of the People's Republic of China.

Scope of Application
Works created by Chinese citizens, legal persons, or non-legal person entities, whether published or not, are entitled to copyright protection. Foreigners' works, when initially published within the territory of China, also enjoy copyright under the Copyright Law of the People's Republic of China. For works by foreigners published outside of China, copyright protection is granted based on agreements or treaties signed between their home country and China or those to which they are jointly party.

In China, works protected by copyright refer to intellectual achievements within the fields of literature, art, and science that possess originality and can be reproduced in a tangible form. Works meeting the conditions for copyright protection are typically intellectual creations that can be expressed in some material form. Therefore, protection is not excluded for oral works that have not been fixed in a tangible medium, unlike the requirements in English and American law that insist on fixation. According to Article 3 of Chapter 1 of the Copyright Law of the People's Republic of China, works protected by the law include:


 * 1) Textual works: Including novels, poems, prose, essays, and other works expressed in written form.
 * 2) Oral works: Including impromptu speeches, teaching lectures, courtroom debates, and other works expressed through spoken language.
 * 3) Musical, dramatic, quyi (traditional Chinese performing arts), dance, and acrobatic art works.
 * 4) Fine arts and architectural works.
 * 5) Photographic works.
 * 6) Film works and works created using methods similar to filmmaking (audiovisual works).
 * 7) Engineering designs, product designs, maps, diagrams, and other graphic and model works.
 * 8) Computer software.
 * 9) Other works as specified by laws and administrative regulations.

According to Article 5 of the Copyright Law of the People's Republic of China, the law does not apply to:


 * 1) Legal provisions, regulations, resolutions, decisions, orders, and other legislative, administrative, or judicial documents of state organs, as well as their official translations.
 * 2) Current news reports (purely factual information).
 * 3) Calendars, numerical tables, common forms, and formulas.

According to Article 5 of the Implementing Regulations of the Copyright Law of the People's Republic of China, "current news" in the Copyright Law and these Regulations refers to purely factual information reported through media such as newspapers, periodicals, radio, and television.

The content of copyright.
The Copyright Law of the People's Republic of China divides copyright into moral rights and property rights. Article 10 specifies the following rights:

Property Rights:


 * 1) Right of Reproduction
 * 2) Right of Distribution
 * 3) Right of Rental
 * 4) Right of Public Display
 * 5) Right of Performance
 * 6) Right of Projection
 * 7) Right of Broadcasting
 * 8) Right of Information Network Transmission
 * 9) Right of Cinematography
 * 10) Right of Adaptation
 * 11) Right of Translation
 * 12) Right of Compilation
 * 13) Other RightsMoral Rights:


 * 1) Right of Publication
 * 2) Right of Attribution
 * 3) Right of Modification
 * 4) Right to Protect the Integrity of the Work

The protection duration of copyright.
The Copyright Law stipulates that the protection duration for the author's right of attribution, right of modification, and right to protect the integrity of the work is unlimited. The protection duration for the right of publication and property rights varies depending on the type of work. For audiovisual works and photographic works that entered the public domain before June 1, 2021, the protection period is 50 years from the date of publication, while for other works, it is 50 years after the author's death. For photographic works whose copyright has not entered the public domain before June 1, 2021, the protection period is 50 years after the author's death.

Administrative management.
The Copyright Law stipulates that the national copyright management agency in China is the copyright administrative department under the State Council of the People's Republic of China, namely, the National Copyright Administration. The copyright administrative departments (copyright bureaus) of provincial, municipal, and autonomous region people's governments are responsible for the copyright management within their respective administrative regions.

Collective management.
The Copyright Law stipulates that copyright holders can authorize and entrust copyright collective management organizations to exercise their copyright, and it specifies that copyright collective management organizations are non-profit institutions.

Currently, there are copyright collective management organizations, including:


 * 1) China Music Copyright Association
 * 2) China Audio-Video Copyright Collective Management Association
 * 3) China Written Copyright Association
 * 4) China Photography Copyright Association

External Link

 * 中华人民共和国著作权法（页面存档备份，存于） - The official website of the central government of the People's Republic of China.