Copyright Law of the People's Republic of China (2020 Amendment)
Issuing Authority : Standing Committee of the National People's Congress
Document Number : Order No. 62 of the President of the People's Republic of China
Area of Law : Copyright
Level of Authority : Laws
Date issued: 11-11-2020
Effective Date : 06-01-2021
(Adopted at the Fifteenth Session of the Standing Committee of the Seventh National People's Congress on September 7, 1990 and amended for the first time in accordance with the Decision of the 24th Session of the Standing Committee of the Ninth National People's Congress Concerning Amendment to the Copyright Law of the People's Republic of China on October 27, 2001; amended for the second time in accordance with the Decision of the 13th Session of the Standing Committee of the Eleventh National People's Congress Concerning Amendment to the Copyright Law of the People's Republic of China on February 26, 2010; amended for the third time in accordance with Decision of the 23rd session of Standing Committee of the National People's Congress on Amending the Copyright Law of the People's Republic of China on November 11, 2020)
ChapterⅠ General Provisions
Article 1 This Law is enacted, in accordance with the Constitution for the purposes of protecting the copyright of authors in their literary, artistic and scientific works and rights related to copyright, of encouraging the creation and dissemination of works which would contribute to the construction of socialist spiritual and material. civilization, and of promoting the development and flourishing of socialist culture and sciences.
Article 2 Works of Chinese citizens, legal entities or unincorporated organizations, whether published or not, shall enjoy copyright in accordance with this Law.
Any work of a foreigner or stateless person which enjoys copyright under an agreement concluded between the country to which the author belongs or in which the author permanently resides and China, or under an international treaty to which both countries are parties, shall be protected by this Law.
Any work of a foreigner or stateless person published for the first time and within the territory of China shall enjoy copyright in accordance with this Law.
Any work of an author from a country not having concluded an agreement. With China or entered into an international treaty jointly with China or of a stateless person, which is published for the first time in a country as a member, of the international treaty into which China has entered or published in a member country and non- member country, at the same time, shall be protected by this Law.
Article 3 "Works" mentioned in this Law shall refer to ingenious intellectual achievements in the fields of literature, art and science that can be presented in a certain form:
(1)written works;
(2)oral works;
(3) musical, dramatic, quyi, choreographic and acrobatic art works;
(4) works of fine art and architecture
(5) photographic works;
(6) audiovisual works
(7) drawings of engineering designs and product designs, maps, sketches and other graphic works as well as model works;
(8) computer software;
(9) other intellectual achievements that meet the characteristics of works.
Article 4 When exercising rights,copyright owners and copyright-related rights holders shall not violate the Constitution and laws, or damage public interests. The state shall supervise and administrate the publication and dissemination of works according to the law.
Article 5 This Law shall not be applicable to:
(1)laws, regulations, resolutions, decisions and orders of state organs; other documents of legislative, administrative or judicial nature; and their official translations;
(2) simple factual information;
(3) calendars, numerical tables, forms of general use and formulas.
Article 6 Regulations for the protection of copyright in expressions of folklore shall be separately established by the State Council.
Article 7 The copyright administration department under the State Council shall
be responsible for the nationwide administration of copyright. The local copyright authorities at or above the county level shall be responsible for the administration of copyright within its own jurisdiction.
Article 8 Copyright owners and the obligees related to copyright may authorize a collective management organization of copyright to exercise the copyright or the rights related to copyright. As a non-for-profit legal person, a collective management organization of copyrights lawfully formed may, with authorization, claim rights in its own name for a copyright owner and a copyright-related right holder, and may, as a party concerned, participate in the litigation, arbitration, and mediation activities involved with copyright or the rights related to copyright.
A collective management organization of copyrights shall collect. royalties from users based on the authorization. The standards for the collection of royalties shall be determined by the collective management organization of copyrights and the user representative through negotiation. If the negotiation fails, the parties may apply to the copyright authority of the state for a ruling. If they refuse to accept a ruling， they may institute a lawsuit with the people's court; and the parties may directly institute a lawsuit with the people's court as well.
A collective management organization of copyrights shall disclose the collection and transfer of royalties, the withdrawal and use of management fees, the unallocated royalties, and other overall situation to the public on a regular basis, and establish a rights information inquiry system for inquiry by right owners, right holders and users. The copyright authority of the state shall supervise and manage collective management organizations of copyrights in accordance with the law.
For collective management organizations of copyrights, their methods of formation, rights and obligations, and collection and distribution of royalties, as well as supervision over and management of them shall be separately prescribed by the State Council.