Article 49 In order to protect copyright and copyright-related rights, the right holder may take technical measures.
Without permission of the right holder, no organization or individual shall deliberately avoid or destroy the technical measures, manufacture, import or provide relevant devices or components for the public for the purposes of avoiding or destroying the technical measures, or deliberately provide technical services for others' avoidance or destruction of the technical measures, except under the circumstances under which avoidance is allowed as prescribed in the laws and administrative regulations.
For the purpose of this Law, 'technical measures' means effective technologies, devices or components used to prevent or restrict browsing or appreciation of works, performance, and audio and video products, or provision of works, performance, and audio and video products for the public Via information networks without permission of the right holder.
Article 50 Under the following circumstances, technical measures may be avoided, but technologies, devices or components for avoiding technical measures shall not be provided to others, nor other rights enjoyed by right holders according to the law shall be infringed upon:
(1) Providing a small amount of published works that cannot be obtained through normal channels for classroom teaching or scientific research at schools and for use by teachers or scientific researchers.
(2) Providing published works that cannot be obtained through normal channels for dyslexics in a barrier free way through which they can perceive for non-for -profit purposes.
(3) The state authorities perform official duties under the administrative, supervisory and judicial procedures.
(4) Testing the security performance of computers and their systems or networks.
(5) Conducting encrypted search or conducting reverse engineering research on computer software.
The provisions of the preceding paragraph shall apply to restrictions on copyright-related rights.
Article 51 The following conducts are not allowed without permission of the right holder:
(1) Deliberate deletion of or change in the rights management information on works, layout designs, performances, audio and video products, or radio and television programs, except for those which cannot be avoided due to technical reasons.
(2) Provision of information to the public when the provider knows or should have known that the rights management information on works, layout designs, performances, audio and video products, or radio and television programs has been deleted or changed without permission.
Article 52 He who commits any of the following acts of infringement shall bear the civil liability for such remedies as ceasing the infringing act, eliminating the effects of the act, making a public apology or paying compensation for damages, depending on the circumstances:
(1) publishing a work，without the permission from the copyright owner;
(2) publishing a work of joint authorship as a work created solely by oneself, without the permission from the other co-authors;
(3) having his name mentioned in connection with a work created by another, in order to seek personal fame and gain, where he has not taken part in the creation of the work;
(4) distorting a work created by another;
(5) plagiarizing the works of others;
(6) exploiting a work by means of exhibition, making audiovisual works, or by means of adaptation, translation, annotation, etc. without the permission from the copyright owner, unless otherwise provided in this Law;
(7) exploiting a work. of another without paying the remuneration;
(8) without permission of the copyright holder, performer or audio and video producer of an audiovisual work, computer software, or audio and vide product, the original or copy of his or her work or audio and video product is leased, except as otherwise prescribed in this Law;
(9) without the permission from a publisher, exploiting the format design of his published book or periodical;
(10) without the permission from the performer, broadcasting or publicly transmitting his live performance or recording his performance;
(11) committing other acts of infringement upon copyright and upon other rights related to copyright.
Article 53 Whoever conducts any of the following torts shall, as the case may be, assume the civil liabilities as prescribed in Article 52 of this Law; where a tort concurrently damages public interests, the copyright authority shall order the violator to cease the tort, give a warning, confiscate the illegal gains, confiscate and harmlessly destroy and dispose of the infringing copies, as well as the materials, tools, and equipment, among others, that are mainly used to make the infringing copies, and where the illegal business amount exceeds 50,000 yuan, a fine of one to five. times the illegal business amount may be imposed; where there is no illegal business amount, or the illegal business amount is difficult to be calculated or is less than 50,00 yuan, a fine of not more than 250.000 yuan may be imposed; and where a crime is constituted，the violator shall be held criminally liable in accordance with the law:
(1) Without permission of the copyright owner, reproducing, issuing, performing, projecting, broadcasting, compiling, disseminating his or her works to the public via information networks, except as otherwise prescribed in this Law.
(2) Publishing a book whose exclusive right of publication is enjoyed by another.
(3) Without permission of a performer,reproducing or issuing audio and video recordings of his or her performance, or disseminating his or her performance to the public via information. networks, except as otherwise prescribed in this Law.
(4) Without permission of the producer of audio and video recordings, reproducing, issuing, or disseminating audio and video recordings produced by him or her to the public through information networks, except as otherwise prescribed in this Law.
(5) Without permission, broadcasting, reproducing, or disseminating radio and television programs to the public via information networks, except as otherwise prescribed in this Law.
(6) Without permission of the copyright owner. or copyright-related right owner, deliberately avoiding
Or destroying technical measures, deliberately manufacturing, importing or providing to others. devices. or components mainly used to avoid. or destroy technical measures, or intentionally providing technical services to others to avoid or destroy technical measures, unless as otherwise. prescribed by laws and administrative regulations.
(7) Without permission of the copyright owner or copyright-related right owner, deliberately deleting or changing the rights management information on the works，layout designs, performances, audio and video products, or radio and television programs, and providing the information to the public when the provider knows or should have known that the rights management information on works, layout designs, performances, audio and video products, or radio and television programs has been deleted or changed without permission, unless as otherwise prescribed by laws and administrative regulations.
(8) Producing or selling a work where signature of another is counterfeited.
Article 54 An infringer infringing upon copyright or copyright-related rights shall make compensation on the basis of the right holder's actual losses arising therefrom or the illegal gains of the infringer; and where the right holder's actual losses or the infringer's illegal gains are difficult to be calculated,
compensation may be made on the basis of the royalties. For deliberate infringement upon copyright or copyright-related rights, circumstances are serious, compensation may be made on the basis of the amount not less than one time nor more than five times the amount determined by the aforesaid methods.
Where the right holder's actual losses or the infringer's illegal gains and royalties are difficult to be calculated, the people's court shall, on the basis of the seriousness of the tort, adjudicate on a compensation not less than 500 yuan nor more than 5 million yuan.
The amount of compensation shall include the reasonable expenses paid by the right holder for stopping the tort.
Where a right holder has assumed necessary responsibility for burden of proof, and the account books and materials, among others, concerning the tort are mainly held by the infringer, the people's court may order the infringer to provide the account books and materials concerning the tort; and where the infringer does not provide them, or provides false account books and materials,the people's court may determine the amount of compensation with reference to the claims. of the right
holder and the evidence produced.
When trying a case of disputes over copyright, the people's court shall, at the request of a right holder, order destruction of infringing copies, except for special circumstances; order destruction of materials, tools, and equipment, which are mainly used for manufacturing infringing copies, without compensation;
or under special circumstances, order prohibiting the aforesaid, materials, tools, and equipment, from entering commercial channels, without compensation.
Article 55 When investigating and handling suspected infringement upon copyright and copyright-related rights, the copyright authority may inquire about the relevant parties and investigate the situation concerning the suspected illegal act; carry out on-site inspections of the parties' premises and articles suspected of illegal acts; consult and copy contracts, invoices, account books and other relevant materials concerning the suspected illegal acts; and may seal up or seize the premises and articles suspected of illegal acts.
When the copyright authority exercises the functions and powers. prescribed in the preceding paragraph in accordance with the law, the parties shall provide assistance and cooperation, and shall not reject or obstruct the exercising of such functions and powers.
Article 56 Where a copyright owner or a copyright-related right holder has evidence to prove that others are committing or are about to commit acts infringing upon his or her rights and hindering his or her exercising of rights, and failure to stop the acts in a timely manner will cause irreparable damages to his or her lawful rights and interests, he or she may apply to the people's court for taking
measures. such as property preservation, ordering certain actions, or prohibiting certain actions according to the law before instigating a lawsuit.
Article 57 For the purpose of stopping the tort, a copyright owner or a copyright-related right holder may, under the circumstances that the evidence may be destroyed or lost or difficult to be obtained later on, apply to the people's court for evidence preservation before initiating a lawsuit according to the law.
Article 58 The people's court may, when trying the cases of infringing upon copyright or the rights related to copyright, confiscate the illegal gains, the reproductions of infringement and the properties used for committing illegal acts.
Article 59 Where a publisher or producer of reproductions is unable to prove the lawful authorization of his publication or production, or the distributor of the reproductions or the lessor of the reproductions of audiovisual works, computer software, sound recordings or video recordings is unable to prove the lawful sources of his distribution or lease of the reproductions, he shall bear the
legal liabilities.
Where, during the litigation process, an accused infringer claiming that he or she is not liable for tort shall produce evidence to prove that he or she has obtained the right holders permission, or he or she falls under the circumstances under which use is allowed without permission of the right holder as prescribed in this Law.
Article 60 A dispute over copyright may be settled by mediation or be submitted for arbitration to a copyright arbitration institution under a written arbitration agreement concluded between the parties.
concerned, or under the arbitration clause in the copyright ontract.
Any party may bring a lawsuit directly to the people's court in the absence of a written arbitration agreement or an arbitration clause in the copyright contract.
Article 61 The parties' assumption of civil liabilities due to failure to perform contractual obligations or performance of contractual obligations not according to the agreement, and the parties' exercising
Of litigation rights, and application for preservation, among others, shall be governed by the provisions of the relevant laws.