Section 1 Publication of Books, Newspapers and Periodicals
Article 32 A book publisher who publishes a book shall conclude a publishing contract with, and pay
remuneration to, the copyright owner.
Article 33 With respect to a work delivered to a book publisher by the copyright owner for publication, the exclusive right to publish the work enjoyed by the book publisher as agreed upon in the contract shall be protected by law, and the work may not be published by others.
Article 34 The copyright owner shall deliver the work within the term agreed upon in the contract. The book publisher shall publish the work in accordance with the quality requirements and within the
term agreed upon in the contract.
The book publisher shall bear the civil liability provided in Article 53 of this Law if he fails to publish the work within the term agreed upon in the contract.
The book publisher shall notify, and pay remuneration to, the copyright owner when the work is to be reprinted or republished. If the publisher refuses to reprint or republish the work when stocks of the book are exhausted, the copyright owner shall have the right to terminate the contract.
Article 35 Where a copyright owner has submitted the manuscript of his work to a newspaper or a periodical publisher for publication and has not received any notification of the said publisher's decision to publish the work, within fifteen days from the newspaper publisher or within thirty days from the periodical publisher, counted from the date of submission of the manuscript, the copyright owner may submit the manuscript of the same work to another newspaper or periodical publisher for
publication, unless the two parties have agreed otherwise.
Except where the copyright owner has declared that reprinting or excerpting is not permitted, other newspaper or periodical publishers may, after the publication of the work by a newspaper or periodical, reprint the work or print an abstract of it or print it as reference material, but such other publishers shall pay remuneration to the copyright owner as provided in regulations.
Article 36 A book publisher may alter or abridge a work with the permission from the copyright owner.
A newspaper or periodical publisher may make editorial modifications and abridgments in a work, but shall not make modifications in the content of the work unless permission has been obtained from the author.
Article 37 A publisher shall be entitled to permit others to exploit the format design of a published book or periodical of his or prohibit others from doing so.
The term of protection of the right provided in the preceding paragraph shall be ten years, expiring on December 31 of the tenth year after the first publication of the book or periodical that uses such a format.
Section 2 Performance
Article 38 A performer who for a performance exploits a work created by another shall obtain permission from and pay remuneration to the copyright owner. A performance organizer who organizes a performance shall obtain permission from and pay remuneration to the copyright owner.
Article 39 A performer shall, in relation to his performance, enjoy the rights:
(1) to show his/her identity;
(2) to protect the character in his performance from distortion;
(3) to authorize others to make live broadcasts or to publicly transmit his live performance, and to receive remuneration for it;
(4) to authorize others to make sound recordings and video recordings, and to receive remuneration for it.
(5) to permit others to reproduce, distribute and lease the sound recordings or video recordings. which record his performance, and to receive remuneration for it;
(6) to permit others to disseminate his performance to the public through information network, and to receive remuneration for it.
Anyone who is permitted to exploit the works in the ways provided in items (3) through (6) of the preceding paragraph shall also obtain permission from and pay remuneration to the copyright owner.
Article 40 The performance by an actor for completing the performance tasks of the performing entity shall be performance for hire. The actor shall enjoy. the right to indicate his or her identity and
protect his or her performance image from being distorted. The ownership of other rights shall be agreed upon by the parties. Where the parties have not reached agreement or the agreement is unclear, the right to performance for hire shall be enjoyed by the performing entity.
Where the right of performance for hire is enjoyed by actors, the performing entity may, within its scope of business, use the performance for free.
Article 41 The term of protection of the rights provided in items (1) and (2) of Paragraph, 1 of Article 38 of this Law shall not be limited.
The term of protection of the rights provided in items (3) through (6) of Paragraph 1 of Article 38 of this Law shall be fifty years, expiring on December 31 of the fiftieth year after the performance is
made.
Section 3 Sound Recording and Video Recording
Article 42 A producer of sound recordings or video recordings who, for the production of a sound recording or video recording, exploits a work created by another, shall obtain permission from and pay remuneration to the copyright owner.
A producer of a sound recording who, for the production of a sound recording, exploits a musical work which has been lawfully recorded as a sound recording by another, does not need to obtain permission from, but shall, as provided in regulations, pay remuneration to the copyright owner; such work shall not be exploited where the copyright owner has declared that such exploitation is not permitted.
Article 43 When producing a sound recording or video recording, the producer shall conclude a contract with, and pay remuneration to, the performers.
Article 44 A producer of sound recordings or video recordings shall have the right to permit others to reproduce, distribute, lease and disseminate to the public through information network such sound recordings or video recordings and shall have the right to receive remuneration for it. The term of protection of such rights shall be fifty years, expiring on December 31 of the fiftieth year after the production of the recording is firstly completed.
A licensee that reproduces, issues, and disseminates audio and video products to the public through information networks shall concurrently obtain the permission of the copyright owner and performer and pay remuneration to them; and a licensee that leases audio and video products shall obtain the performer's permission and pay remunerations to the performer.
Article 45 Where sound recordings are used for wired or wireless public dissemination, or for public broadcasting to the public through technical equipment transmitting sound, remunerations shall be paid to the sound recording producer.
Section 4 Broadcasting by A Radio Station or Television Station
Article 46 A radio station or television station that broadcasts an unpublished work created by another 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 does not need to obtain permission from, but shall pay remuneration to the copyright owner according to the provisions.
Article 47 A broadcasting station or television station shall have the right to prohibit the following acts conducted without its permission:
(1) Rebroadcasting a radio or television program broadcast by it by wired or wireless means.
(2) Recording and reproducing a radio or television program broadcast by it.
(3) Disseminating a radio and television broadcast by it to the public via information networks.
The exercising of rights prescribed in the preceding paragraph by a broadcasting station or television station shall not affect, restrict or infringe upon any other's exercising of copyright or copyright-related rights.
The protection period for the rights prescribed in the preceding paragraph of this Article shall be 50 years, ending on December 31 of the 50th year after broadcasting of the radio or television program for the first time.
Article 48 To broadcast another's audiovisual work or video recording, a television station shall obtain permission of the copyright owner of an audiovisual work or a video producer, and pay remunerations to the copyright owner or video producer; to broadcast another's video recordings, a television station shall obtain permission of the copyright owner and pay remunerations to the copyright owner.