Copyright
Release time: 2019-08-27 15:32:47
China's copyright protection system is established by the Constitution, Civil Law, Criminal Law, Inheritance Law and Copyright Law. The current Copyright Law has made clear provisions on the content of copyright and its protection in a comprehensive and detailed way, which is a basic law for the protection of copyright in China.
The Copyright Law was adopted by the 15th Session of the Standing Committee of the Seventh National People's Congress on September 7, 1990 and came into effect on June 1, 1991. On October 27, 2001, amendments were made in accordance with the Decision on the Amendment of the Copyright Law of the People's Republic of China at the 24th Meeting of the Standing Committee of the Ninth National People's Congress. On May 30, 1991, the State Copyright Administration of China issued the Regulations on the Implementation of the Copyright Law of the People's Republic of China with the approval of the State Council of China, which came into effect on June 1, 1991. According to the revised Copyright Law, the State Council revised the Regulation and promulgated it on August 2, 2002. The revised regulations came into force on 15 September 2002.
In addition, in order to regulate the protection of computer software copyright, on June 4, 1991, the State Council of China promulgated the Regulations on the Protection of Computer Software, which came into effect on October 1, 1991.
China also acceded to the Berne Convention on 10 July 1992, which entered into force in China on 15 October 1992. On July 30, 1992, China acceded to the World Copyright Convention, which entered into force in China on October 30, 1992.
(1) Subject of copyright in China (copyright owner):
1. Authors, i.e. citizens who directly create works, including individual authors and co-authors;
2. The author of a legal person, that is, a work presided over by a legal person or a non-legal entity, which represents the will of a legal person or a non-legal entity and is liable by that legal person or non-legal entity, shall be regarded as the author;
3. The heirs who acquire copyright through inheritance generally enjoy only economic rights, but not the spiritual rights of the original author, except the right to publish the legacy.
4. If the person who obtains the copyright through the contract has not made a clear agreement or has not concluded a contract, the copyright belongs to the trustee;
5. After the alteration or termination of a legal person or a non-legal entity that has copyright, the right to use its works and the right to get remuneration shall be a legal person or a non-legal entity that shall bear its rights and obligations within the period of legal protection;
6. The state shall enjoy the copyright of a legal person or a non-legal entity if there is no legal person or non-legal entity that bears the rights and obligations of a legal person or a non-legal entity after its alteration or termination.
(2) The main rights conferred on copyright owners by China's Copyright Law:
1. The right to publish, that is, the right to decide whether a work is made public or not;
2. The right of signature, that is, the right to indicate the author's identity and to sign a work;
3. The right to modify, that is, the right to modify or authorize others to modify their works;
4. The right to protect the integrity of a work, that is, the right to protect the work from distortion or tampering;
5. Right of use and right of remuneration, that is, the right to use a work by means of reproduction, performance, broadcasting, exhibition, distribution, film production, television, video or adaptation, translation, annotation and editing; and the right to allow others to use the work in the above-mentioned ways and to receive remuneration therefrom.
