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Copyright law of the People's Republic of China

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Copyright law of the People's Republic of China

Copyright law of the People's Republic of China (second amendment)


(September 7, 1990, the seventh National People's Congress by the 15th session of the standing committee based on October 27, 2001, the ninth 24th meeting of the standing committee of the National People's Congress "about modify the decision of the < > the People's Republic of China copyright law" for the first time correction based on February 26, 2010 the 13th by the standing committee of the 11th National People's Congress conference "on modifying the decision of the < > the People's Republic of China copyright law") of the secondary modified

Chapter I general provisions

Article 1 this law is enacted in accordance with the constitution for the purpose of protecting the copyright of authors of their literary, artistic and scientific works and the rights and interests related to copyright, encouraging the creation and dissemination of works conducive to the building of an advanced socialist ideology and material civilization, and promoting the development and prosperity of socialist culture and science.

Article 2 works of Chinese citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this law.

Copyright enjoyed by works of foreigners or stateless persons under agreements concluded between the country to which the author belongs or the country of his habitual residence and China, or international treaties to which both countries are parties, shall be protected by this law.

Works of foreigners or stateless persons that are first published within the territory of China shall enjoy copyright in accordance with this law.

Works by authors of states that have not signed agreements with China or joined international treaties or by stateless persons published for the first time in a member state of an international treaty to which China is a party, or published simultaneously in a member state and a non-member state, shall be protected by this law.

Article 3 the term "works" as used in this law includes works of literature, art, natural science, social science, engineering technology and other forms created in the following forms:

(1) written works;

(2) oral works;

(3) music, drama, quyi, dance and acrobatic works;

(4) works of art or architecture;

(5) photographic works;

(6) cinematographic works and works created in a manner similar to cinematography;

(7) engineering drawings, product drawings, maps, schematic drawings and other graphic works and model works;

(8) computer software;

(9) other works as stipulated by laws and administrative regulations.

Article 4 in exercising copyright, copyright owners may not violate the constitution or laws, nor may they infringe upon the public interest.The state shall supervise and administer the publication and dissemination of works in accordance with law.

Article 5 this law shall not apply to:

(1) laws, regulations, resolutions, decisions and orders of state organs and other documents of legislative, administrative and judicial nature, and their official translations;

(2) news on current affairs;

(3) calendars, tables of common Numbers, tables of common use and formulas.

Article 6 measures for the protection of copyright in works of folk literature and art shall be formulated separately by the state council.

Article 7 the copyright administration department under the state council shall be responsible for the administration of copyright throughout the country;The copyright administrative departments of the people's governments of all provinces, autonomous regions and municipalities directly under the central government shall be responsible for the administration of copyright in their respective administrative areas.

Article 8 copyright owners and copyright-related right holders may authorize collective copyright administration organizations to exercise copyright or copyright-related rights.After being authorized, copyright collective management organizations may, in their own name, claim rights for copyright owners and copyright-related right owners, and may, as parties concerned, engage in litigation or arbitration activities involving copyright or copyright-related rights.

Copyright collective management organizations are non-profit organizations. The state council shall separately prescribe the methods of establishment, rights and obligations, the collection and distribution of copyright licensing fees, and the supervision and administration thereof.

Chapter ii copyright

Section I copyright owners and their rights

Article 9 copyright owners include:

(1) the author;

Other citizens, legal persons or other organizations enjoying copyright in accordance with this law.

Article 10 copyright shall include the following personal rights and property rights:

(1) the right of publication, that is, the right to decide whether or not a work should be made public;

(2) the right of authorship, that is, the right to indicate the identity of the author and to sign one's name on a work;

(3) the right of amendment, that is, the right to modify or authorize others to modify a work;

(4) the right to protect the integrity of a work, that is, the right to protect it from distortion or alteration;

(5) the right of reproduction, that is, the right to produce one or more copies of a work by means of printing, copying, rubbing, recording, video recording, rerecording or remaking;

(6) right of distribution, that is, the right to provide the public with the original or duplicate of a work by way of sale or donation;

(7) the right to lease, that is, the right to grant paid permission to others to temporarily use a cinematographic work, a work created by a similar method of film production, or computer software, except that computer software is not the main object of the lease;

(8) the right of exhibition, that is, the right to publicly display the original or duplicate of a work of fine art or photography;

(9) the right of performance, that is, the right to publicly perform a work and the right to publicly broadcast a work by any means;

(10) the right of projection, that is, the right to reproduce publicly through technical equipment such as projectors and slide projectors fine arts, photography, cinematography and works created by similar means of film production;

(11) the right to broadcast means the right to broadcast or disseminate a work openly by radio, to disseminate a work broadcast to the public by means of cable transmission or retransmission, and to disseminate a work broadcast to the public by means of loudspeakers or other similar means of transmitting symbols, sounds or images;

(12) the right of information network dissemination, that is, the right to provide works to the public by wired or wireless means, so that the public may obtain works at a time and place of their own choice;

(13) the right of production, that is, the right to fix a work on a carrier by means of film production or similar method;

(14) the right of adaptation, that is, the right to alter a work to create an original new work;

(15) the right of translation, that is, the right to translate a work from one language to another;

(16) the right of compilation, that is, the right to assemble a work or fragments of a work into a new work by selection or arrangement;

(17) other rights which shall be enjoyed by copyright owners.

Copyright owners may authorize others to exercise the rights prescribed in subparagraphs (5) to (17) of the preceding paragraph, and shall receive remuneration in accordance with the contract or the relevant provisions of this law.

The copyright owner may, in whole or in part, transfer the rights provided for in subparagraphs (5) to (17) of the first paragraph of this article, and obtain remuneration in accordance with the contract or the relevant provisions of this law.

Section 2 ownership of copyright

Article 11 unless otherwise provided in this law, the copyright in a work belongs to the author.

The citizen who creates the work is the author.

Where a work is created under the auspices of a legal person or any other organization on behalf of the will of the legal person or any other organization and for which the legal person or any other organization is responsible, the legal person or any other organization shall be regarded as the author.

In the absence of proof to the contrary, the citizen, legal person or other organization whose name appears on the work shall be the author.

Article 12. The copyright in a work created by adaptation, translation, annotation or arrangement of a pre-existing work shall be enjoyed by the adaptor, translator, annotator or arranger, provided that the exercise of such copyright may not infringe upon the copyright in the original work.

Article 13 copyright in a work created by two or more co-authors shall be enjoyed jointly by the co-authors.No one who does not participate in the creation can become a co-author.

Where a cooperative work can be divided into parts for use, the authors may independently enjoy copyright in their respective parts of the work, provided that the exercise of such copyright shall not infringe upon the copyright of the cooperative work as a whole.

Article 14 a compilation of certain works, fragments of works or data or other materials that do not constitute a work, and the selection or arrangement of their contents to reflect originality, shall be regarded as a compilation work, and the copyright in the compilation work shall be enjoyed by the assembler, provided that the exercise of copyright shall not infringe upon the copyright in the original work.

Article 15 copyright in a cinematographic work or a work created by means of similar cinematographic production shall be enjoyed by the producer, but authors such as screenwriters, directors, photographers, lyricists and composers shall enjoy the right of authorship and shall be entitled to remuneration in accordance with the contract concluded with the producer.

Authors of screenplays, music and other works that can be used independently in a cinematographic work or a work created by similar methods of film production are entitled to exercise their copyright alone.

Article 16 a work created by a citizen for the purpose of fulfilling the task of a legal person or other organization is a work created for employment.Within two years after the completion of a work, the author shall not permit a third party to use the work in the same way as the work unit without the consent of the unit.

In any of the following circumstances, the author shall enjoy the right of authorship, while the legal person or any other organization shall enjoy the other rights of copyright, and the legal person or any other organization may reward the author:

(1) engineering drawings, product drawings, maps, computer software and other work created mainly by virtue of the material and technical conditions of a legal person or other organization and for which the legal person or other organization is responsible;

(2) job-related works in which copyright is enjoyed by legal persons or other organizations as stipulated by laws, administrative regulations or contracts.

Article 17 ownership of copyright in a commissioned work shall be agreed upon in a contract between the principal and the agent.Where the contract is not clearly stipulated or the contract is not concluded, the copyright shall belong to the trustee.

Article 18 the transfer of ownership of the original of a work of fine art or other works shall not be regarded as the transfer of copyright in the work, but the right to exhibit the original of a work of fine art shall be enjoyed by the owner of the original.

Article 19 where the copyright belongs to a citizen, the rights prescribed in subparagraphs (5) to (17) of the first paragraph of article 10 of this law shall be transferred in accordance with the provisions of the inheritance law during the period of protection provided for in this law after the death of the citizen.

Where the copyright belongs to a legal person or any other organization, and after the legal person or any other organization changes or terminates, the rights provided for in subparagraphs (5) to (17) of the first paragraph of article 10 of this law shall be enjoyed by the legal person or any other organization that assumes its rights and obligations within the term of protection provided in this law;If there is no legal person or other organization that is entitled to its rights and obligations, it shall be enjoyed by the state.

Section 3 term of protection of rights

Article 20 the term of protection of the rights of authorship, alteration and integrity of an author shall not be restricted.

Article 21 the term of protection of the right of publication of a work of a citizen and the rights provided for in subparagraphs 5 to 17 of the first paragraph of article 10 of this law shall be the life of the author and fifty years after his death, expiring on December 31 of the fiftieth year after his death.In the case of collaborative works, the deadline is December 31 of the fiftieth year after the death of the last deceased author.

Legal person or other organization work, copyright (except the right of authorship) works created by the legal person or other organization, the right of publication, paragraph 1 of article 10 of this law, the first item (5) to the term of protection of the rights of the first paragraph (17) for 50 years, ending on work December 31 of the fiftieth year after the first publication, but since the creation unpublished, fifty years after the completion of the law no longer protection.

Films and work is created by virtue of the analogous method of film, photography, the right of publication, paragraph 1 of article 10 of this law, the first item (5) to the term of protection of the rights of the first paragraph (17) for 50 years, ending on work December 31 of the fiftieth year after the first publication, but since the creation unpublished, fifty years after the completion of the law no longer protection.

Section iv limitation of rights

Article 22 in the following cases, a work may be used without obtaining permission from, or paying remuneration to, the copyright owner, provided that the name of the author and the name of the work shall be indicated, and the other rights enjoyed by the copyright owner in accordance with this law shall not be infringed:

(1) using a published work of others for the purpose of one's own study, research or appreciation;

(2) appropriately quoting a published work of others in a work for the purpose of introducing or commenting on a work or illustrating a problem;

(3) to unavoidably reproduce or quote a published work in newspapers, periodicals, radio stations, television stations and other media for the purpose of reporting current events;

(4) to publish or broadcast by newspapers, periodicals, radio stations, television stations or other media current articles on political, economic or religious issues that have been published by other newspapers, periodicals, radio stations, television stations or other media, except where the author has declared that such articles are not allowed to be published or broadcast;

(5) publication or broadcast by newspapers, periodicals, radio stations, television stations or other media of a speech delivered at a public gathering, except where the author has declared that such publication or broadcast is not permitted;

(6) to translate or make a small number of copies of a published work for classroom teaching or scientific research of a school for the use of teaching or scientific research personnel, provided that the work may not be published or distributed;

(7) to use a published work within a reasonable scope by a state organ for the purpose of performing its official duties;

(8) reproduction of works in the collections of libraries, archives, memorial halls, museums and art galleries for the purpose of display or preservation of editions;

(9) to perform a published work for free, for which no fee has been charged to the public nor remuneration paid to the performer;

(10) copying, painting, photographing or videotaping an artistic work installed or displayed in an outdoor public place;

(11) to publish and distribute in the country a work created in the Chinese language by a Chinese citizen, legal person or other organization, translated into the spoken and written languages of ethnic minorities;

(12) to change a published work into braille and publish it.

The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of sound recordings and video recordings, radio stations and television stations.

Article 23 for the implementation of the nine-year compulsory education and national education planning and writing published textbooks, besides the author prior statement is not allowed to use, without the permission of the copyright owner in the textbook compilation of a published work pieces or short written works, music singles works or works of fine art, photography, but shall pay the remuneration in accordance with the relevant provisions, indicate the author's last name, name of work, and in accordance with the provisions of the copyright owner shall enjoy the other rights will be infringed.

The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of sound recordings and video recordings, radio stations and television stations.

Chapter iii copyright licensing and transfer contracts

Article 24 the exploitation of a work created by others shall involve the conclusion of a licensing contract with the copyright owner, except where no license is required as provided for in this law.

The license contract includes the following main contents:

(1) the types of rights permitted for use;

(2) the licensed right is the exclusive or non-exclusive right to use;

(3) the geographical scope and period of the permitted use;

(4) the standard and method of remuneration;

(5) liability for breach of contract;

(vi) other contents that the parties deem necessary to agree upon.

Article 25 a written contract shall be concluded for the assignment of the rights provided for in subparagraphs (5) to (17) of the first paragraph of article 10 of this law.

Rights transfer contract includes the following main contents:

(1) the name of the work;

(2) the type and geographical scope of the right to be transferred;

(3) transfer price;

(4) the date and method of delivery of the transfer price;

(5) liability for breach of contract;

(vi) other contents that the parties deem necessary to agree upon.

Article 26 where a copyright is pledged, the pledgor or pledgee shall register the pledge with the copyright administration department under the state council.

Article 27 without the consent of the copyright owner, the other party may not exercise the rights which the copyright owner has not explicitly licensed or transferred in a licensing contract or transfer contract.

Article 28 the standard of remuneration for the use of a work may be agreed upon by the parties concerned, or may be paid according to the standard of remuneration formulated by the copyright administration department under the state council in conjunction with other relevant departments.If the agreement between the parties is not clear, the remuneration shall be paid according to the remuneration standard formulated by the copyright administration department under the state council in conjunction with other relevant departments.

Article 29 publishers, performers, producers of sound recordings and video recordings, radio stations and television stations that use a work created by others in accordance with the relevant provisions of this law shall not infringe upon the right of authorship, right of alteration, right of protection of the integrity of a work and right to remuneration of authors.

Chapter iv publication, performance, sound recording, video recording and broadcasting

Section I publication of books, newspapers and periodicals

Article 30 a book publisher who publishes a book shall conclude a publishing contract with, and pay remuneration to, the copyright owner.

Article 31 with respect to a work delivered for publication by the copyright owner, the exclusive right of publication enjoyed by the book publisher according to the contract shall be protected by law, and no other person may publish the work.

Article 32 the copyright owner shall deliver the work within the time limit stipulated in the contract.A book publisher shall publish a book in accordance with the quality and time limit stipulated in the contract.

A book publisher who fails to publish within the time limit prescribed in the contract shall bear civil liability in accordance with the provisions of article 54 of this law.

Where a book publisher reprints or reprints a work, it shall notify the copyright owner and pay remuneration to him.Where the book publisher refuses to reprint or reprint the book after the book is out of stock, the copyright owner shall have the right to terminate the contract.

Article 33 where a copyright owner contributes a work to a newspaper office or periodical house, he may contribute the same work to another newspaper office or periodical house if he fails to receive a notice from the newspaper office for publication within 15 days from the date the work is published, or fails to receive a notice from the periodical house for publication within 30 days from the date the work is published.Unless otherwise agreed by both parties.

After publication of a work, other newspapers and periodicals may reprint it or publish it as an abstract or material, except where the copyright owner has declared that reprinting or excerpting is not allowed, provided that remuneration shall be paid to the copyright owner in accordance with relevant provisions.

Article 34 a book publisher may alter or abridge a work with the permission of the author.

A newspaper or periodical agency may make textual modifications or abridgements to a work.Any modification of the content shall be subject to the permission of the author.

Article 35 the publication of a work created by adaptation, translation, annotation, arrangement or compilation of a pre-existing work shall obtain permission from, and pay remuneration to, the copyright owner of the work created by adaptation, translation, annotation, arrangement or compilation and the copyright owner of the original work.

Article 36 publishers shall have the right to license or prohibit others from using the typography of their published books or periodicals.

The term of protection of the rights prescribed in the preceding paragraph shall be ten years, expiring on December 31 of the tenth year after the first publication of a book or periodical using the format design.

Section 2 performance

Article 37 in performing a work created by others, the performer (performer or performance unit) shall obtain permission from, and pay remuneration to, the copyright owner.Where a performance organizer organizes a performance, the organizer shall obtain permission from, and pay remuneration to, the copyright owner.

For performance of a work created by adaptation, translation, annotation or arrangement of a pre-existing work, permission shall be obtained from the copyright owner of the work created by adaptation, translation, annotation or arrangement and the copyright owner of the original work, and remuneration shall be paid.

Article 38 a performer shall enjoy the following rights with respect to his performance:


(1) to identify the performer;

(2) to protect the performance image from distortion;

(3) to permit others to transmit their live performances live or publicly, and to receive remuneration;

(4) to license others to make audio or video recordings and receive remuneration;

(5) to authorize others to reproduce or distribute a sound recording or video recording of a performance, and to receive remuneration therefor;

(6) to authorize others to disseminate their performances to the public through information networks and to receive remuneration therefor.

Where a licensee USES a work in the manner prescribed in subparagraphs (3) to (6) of the preceding paragraph, it shall also obtain the license of the copyright owner and pay remuneration thereto.

Article 39 the term of protection of the rights prescribed in subparagraphs (1) and (2) of paragraph 1 of article 38 of this law shall not be restricted.

The term of protection of the rights prescribed in subparagraphs 3 to 6 of paragraph 1 of article 38 of this law shall be 50 years, expiring on December 31 of the fiftieth year after the occurrence of the performance.

Section 3 audio and video recording

Article 40 a producer of sound recordings or video recordings who exploits a work created by others for the production of sound recordings or video recordings shall obtain permission from, and pay remuneration to, the copyright owner.

A producer of sound recordings or video recordings who exploits a work created by adaptation, translation, annotation or arrangement of a pre-existing work shall obtain permission from, and pay remuneration to, the copyright owner of the work created by adaptation, translation, annotation or arrangement and the copyright owner of the original work.

A producer of sound recordings who USES a music work which has been legally recorded as a sound recording to produce a sound recording may, without the permission of the copyright owner, pay remuneration in accordance with the provisions;Where the copyright owner declares that the copyright is not allowed to be used, it shall not be used.

Article 41 when producing a sound recording or video recording product, the producer shall conclude a contract with, and pay remuneration to, the performer.

Article 42 a producer of sound recordings or video recordings shall have the right to authorize others to reproduce, distribute, rent, disseminate to the public through information networks and receive remuneration for his sound recordings or video recordings;The term of protection of the right shall be fifty years, expiring on December 31 of the fiftieth year after the first manufacture of the said article.

Where a licensee replicates, distributes or disseminates to the public through information networks, it shall also obtain the license of the copyright owner and the performer and pay remuneration thereto.

Section 4 broadcast by radio stations and television stations

Article 43 a radio station or television station that broadcasts an unpublished work created by others shall obtain permission from, and pay remuneration to, the copyright owner.

In broadcasting a published work created by others, a radio station or television station may, without the permission of the copyright owner, pay remuneration.

Article 44 a radio station or television station which broadcasts a published sound recording may, without permission from the copyright owner, pay remuneration.Unless otherwise agreed by the parties.Specific measures shall be formulated by the state council.

Article 45 a radio station or television station shall have the right to prohibit the following ACTS without its permission:

(1) to rebroadcast by radio or television;

(2) to record the radio or television they broadcast on audio and video carriers or to reproduce audio and video carriers.

The term of protection of the rights prescribed in the preceding paragraph shall be 50 years, expiring on December 31 of the fiftieth year after the first broadcast of the radio or television.

Article 46 if a television station broadcasts a cinematographic work of another person or a work or video recording product created by a similar method to film production, it shall obtain permission from and pay remuneration to the producer or producer of the video recording;In addition, permission shall be obtained from and remuneration paid to the copyright owner for broadcasting the video products of others.

Chapter v legal responsibility and law enforcement measures

Article 47 anyone who commits any of the following ACTS of infringement shall, in light of the circumstances, bear civil liabilities for stopping the infringement, eliminating its effects, making an apology or paying compensation for losses:

(1) publishing a work without permission of the copyright owner;

(2) publishing a work created in cooperation with another as a work created solely by oneself without the permission of the co-authors;

(3) failing to participate in the creation of a work and, for the purpose of seeking personal fame and profit, placing his signature on another person's work;

(4) distorting or altering another person's work;

(5) plagiarizing another person's work;

(6) unless otherwise provided for in this law, exploitation of a work by means of exhibition, cinematography or similar cinematography, or adaptation, translation, annotation, etc. without permission of the copyright owner;

(7) using a work created by another without payment of remuneration;

(8) renting a work or a sound recording or video recording product without the permission of the copyright owner of the work or a work created by means of similar cinematography or computer software or a copyright-related right holder, unless this law provides otherwise;

(9) using, without permission of the publisher, the layout design of the books or periodicals published by him or her;

(10) broadcasting or recording a live performance without the permission of the performer;

(11) other ACTS of infringement of copyright and copyright-related rights and interests.

Article 48 whoever commits any of the following ACTS of infringement shall, in light of the circumstances, bear civil liabilities such as stopping the infringement, eliminating its effects, making an apology or paying compensation for losses;Where public interests are harmed at the same time, the copyright administration department may order it to stop the infringing act, confiscate its illegal gains, confiscate and destroy infringing copies, and impose a fine.If the circumstances are serious, the copyright administrative department may also confiscate the materials, tools and equipment mainly used for making infringing reproductions;If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) copying, distributing, performing, showing, broadcasting, compiling or disseminating a work to the public through information networks without permission of the copyright owner, unless this law provides otherwise;

(2) publishing a book whose exclusive right of publication is enjoyed by others;

(3) unless otherwise provided for in this law, copying or distributing, without the permission of a performer, a sound recording or video recording of his performance, or disseminating his performance to the public through information networks;

(4) reproducing, distributing or disseminating to the public through information networks, without the permission of the producer of sound recording or video recording, unless this law provides otherwise;

To broadcast or reproduce radio or television without permission, except as otherwise provided for in this law;

(6) without the permission of the copyright owner or the copyright-related right holder, deliberately avoiding or destroying the technical measures taken by the right holder to protect copyright or copyright-related rights for his or her work, sound or video recording products, unless otherwise provided by laws or administrative regulations;

(7) without the permission of the copyright owner or the copyright-related right holder, intentionally deleting or altering the electronic information of the right management of a work, audio or video recording product, etc., except as otherwise provided by laws or administrative regulations;

(8) producing or selling a work whose signature is counterfeited.

Article 49 where a copyright or copyright-related right has been infringed, the infringer shall compensate the obligee for the actual losses incurred.If the actual losses are difficult to calculate, compensation may be made according to the illegal gains of the infringer.The amount of compensation shall also include reasonable expenses paid by the right holder to stop the infringement.

Where the actual loss of the right holder or the illegal gains of the infringer cannot be ascertained, the people's court shall, according to the circumstances of the infringing act, award compensation of not more than 500,000 yuan.

Article 50 of the copyright owner or copyright-related right holder there is evidence that others are implementing or imminent infringement of their rights behavior, such as is not to stop in time, it may make its legitimate rights and interests is irreparable damage, can apply to a people's court before the prosecution shall be ordered to stop the relevant act and property preservation measures.

The provisions of article 93 to article 96 and article 99 of the civil procedure law of the People's Republic of China shall apply to the people's court's handling of the application mentioned in the preceding paragraph.

Article 51 in order to stop an act of infringement, the copyright owner or the copyright-related right holder may apply to the people's court for the preservation of the evidence before filing a lawsuit under circumstances where the evidence may be destroyed or difficult to obtain later.

After accepting the application, the people's court must make an order within 48 hours;If an order is made to adopt preservation measures, the execution thereof shall begin immediately.

The people's court may order the applicant to provide security. If the applicant fails to provide security, the application shall be rejected.

If the applicant fails to bring an action within 15 days after the people's court adopts the measures of preservation, the people's court shall cancel the measures of preservation.

Article 52 in handling cases in which copyright or copyright-related rights are infringed, the people's court may confiscate the illegal gains, infringing copies and property used in illegal activities.

Article 53 reproductions of publishers and producers can't prove that have authorized their publication or production, reproduction of the issuer or films, or by virtue of the analogous method of film creation of works, computer software, sound recording or video recording of replica renters who cannot prove the legal sources replica of its distribution, rental, shall bear legal responsibility.

Article 54 if a party fails to perform its contractual obligations or the performance of its contractual obligations is not in conformity with the agreed conditions, it shall bear civil liability in accordance with the general principles of the civil law of the People's Republic of China, the contract law of the People's Republic of China and other relevant laws.

Article 55 a copyright dispute may be mediated. An application for arbitration may also be submitted to an arbitration institution in accordance with the written arbitration agreement concluded by the parties concerned or the arbitration clause in the copyright contract.

If the parties do not have a written arbitration agreement or an arbitration clause in the copyright contract, they may bring a suit directly before the people's court.

Article 56 if a party refuses to accept an administrative sanction, it may bring a suit in a people's court within three months from the date of receiving the written decision on the administrative sanction.

Chapter vi supplementary provisions

Article 57 copyright as mentioned in this law is copyright.

Article 58 "publication" as mentioned in article 2 of this law means the reproduction and distribution of a work.

Article 59 measures for the protection of the right to spread computer software and information networks shall be formulated separately by the state council.

Article 60. The rights of copyright owners, publishers, performers, producers of sound recordings and video recordings, radio stations and television stations as provided for in this law shall be protected in accordance with this law if the term of protection prescribed in this law has not expired on the date of entry into force of this law.

Any act of infringement or breach of contract committed before the entry into force of this law shall be dealt with in accordance with the relevant provisions and policies at the time the act was committed.

Article 61 this law shall enter into force as of June 1, 1991.

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