(order of the president of the people's Republic of China (No.26))
The decision of the Standing Committee of the National People's Congress on Amending the copyright law of the people's Republic of China, adopted at the 13th meeting of the Standing Committee of the Eleventh National People's Congress of the people's Republic of China on February 26, 2010, is hereby promulgated and shall come into force as of April 1, 2010.
President Hu Jintao of the people's Republic of China
February 26, 2010
Copyright law of the people's Republic of China (adopted at the 15th meeting of the Standing Committee of the Seventh National People's Congress on September 7th, 1990, was first amended in accordance with the decision on Amending 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 October 27, 2001 According to the second amendment to the decision on the amendment of the copyright law of the people's Republic of China at the 13th meeting of the Standing Committee of the Eleventh National People's Congress on February 26, 2010)
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Chapter I General Provisions
Chapter II Copyright
Section I copyright owner and its rights
Section II Ownership of copyright
Section III protection period of rights
Section 4 limitation of rights
Chapter III Contract for the licensing and transfer of copyright
Chapter IV publishing, performing, recording, video recording and broadcasting
Section I publication of books and newspapers
Section II performance
Section 3 recording and video recording
Section 4 Broadcasting by radio and television stations
Chapter V Legal Responsibility and law enforcement measures
Chapter VI supplementary provisions
Chapter I General Provisions
Article 1 this law is formulated in accordance with the Constitution in order to protect the copyright of the authors of literary, artistic and scientific works, as well as the rights and interests related to copyright, encourage the creation and dissemination of works beneficial to the construction of socialist spiritual and material civilization, and promote the development and prosperity of socialist culture and scientific undertakings.
Article 2 the works of Chinese citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this law.
The copyright enjoyed by the works of foreigners or stateless persons in accordance with the agreements signed between the state of the author or the country of habitual residence and China or the international treaties to which they are jointly parties shall be protected by this law.
If the works of foreigners or stateless persons are first published in China, they shall enjoy the copyright in accordance with this law.
"Where the works of the author of a state that has not signed an agreement with China or jointly participated in an international treaty and a work of stateless persons are first published in the member states of the international treaties to which China is a party, or published simultaneously by Member States and non member states, this Law shall be protected.".
Article 3 the works referred to in this Law include works of literature, art and natural sciences, social sciences, engineering technology and the like created in the following forms:
（1） Writing works;
（2） Oral works;
（3） Music, drama, quyi, dance, acrobatic art works;
（4） Art and architectural works;
（5） Photographic works;
（6） A film work or a work created in a similar way;
（7） Engineering design drawings, product design drawings, maps, schematic drawings, etc. and model works;
（8） Computer software;
（9） Other works as prescribed by laws and administrative regulations.
Article 4. The copyright owner shall not exercise his copyright in violation of the Constitution and law, nor damage the public interest. The State shall supervise and manage the publication and dissemination of works in accordance with law.
Article 5 this Law shall not apply to:
（1） Laws and regulations, resolutions, decisions, orders of state organs and other documents of legislative, administrative and judicial nature, and their official translation;
（2） Current news;
（3） Calendar, general tables, general tables and formulas.
Article 6 the measures for the protection of copyright in folk literary and artistic works shall be separately prescribed by the State Council.
Article 7 the copyright administration department under the State Council shall be in charge of the administration of copyright throughout the country; the copyright administrative department of the people's governments of all provinces, autonomous regions and municipalities directly under the central government shall be in charge of the administration of copyright in their respective administrative regions.
Article 8 copyright owners and copyright related rights holders may authorize collective organizations of copyright to exercise their copyright or rights related to copyright. After the collective administration organization of copyright is authorized, it may claim rights in its own name as the copyright owner and the obligee related to the copyright, and may, as a party, conduct litigation and arbitration activities involving the copyright or the rights related to the copyright.
The collective management organization of copyright is a non-profit organization. Its establishment mode, rights and obligations, collection and distribution of royalties for copyright license, as well as supervision and management of the organization shall be separately stipulated by the State Council.
Chapter II Copyright
Section I copyright owner and its rights
Article 9 the copyright owners include:
（1） Author;
（2） Other citizens, legal persons or other organizations that enjoy copyright in accordance with this law.
Article 10 copyright includes the following personal rights and property rights:
（1） The right to publish is the right to decide whether the work is made public or not;
（2） The right to sign is the right to show the identity of the author and to sign on the work;
（3） The right to modify, that is, the right to modify or authorize others to modify the work;
（4） Protecting the right of the work integrity is to protect the work from distortion and tampering;
（5） The right to copy means the right to produce one or more copies of a work by means of printing, copying, rubbing, recording, video recording, reproduction, and remaking;
（6） The right to issue means the right to provide the public with the original or duplicate of the work by means of sale or gift;
（7） The right to rent, that is, the right to license others to temporarily use a movie work or a work or computer software created by a similar method of film production, except that computer software is not the main subject of the lease;
（8） The right to exhibition means the right to display the original or duplicate of the artwork or photographic work publicly;
（9） The right to perform, namely, the right to perform a work publicly and to broadcast the work publicly by various means;
（10） The right to show is the right to publicly reproduce art, photography, film and works created by similar methods of film production through projector, slide projector and other technical equipment;
（11） Broadcasting right means the right to broadcast or disseminate works by radio, to the public by cable or by broadcasting, and to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images;
（12） The right to information network communication means to provide works to the public by cable or wireless so that the public can obtain the works at the time and place selected by the public;
（13） The right to make a film, that is, to fix a work on a carrier by means of film production or similar film production;
（14） The right to adapt is to change the work and create a new work with originality;
（15） The right to translate is the right to convert a work from one language to another;
（16） The right to assemble, that is, the right to integrate new works through selection or arrangement of pieces of a work or work;
（17） Other rights that should be enjoyed by the copyright owner.
The copyright owner may permit others to exercise the rights prescribed in items (5) to (17) of the preceding paragraph and obtain remuneration in accordance with the agreement or the relevant provisions of this law.
The copyright owner may transfer all or part of the rights prescribed in paragraphs (5) to (17) of paragraph 1 of this article and obtain remuneration in accordance with the agreement or the relevant provisions of this law.
Section II Ownership of copyright
Article 11 copyright belongs to the author, unless otherwise provided for in this law.
The citizen who creates a work is the author.
A work presided over by a legal person or other organization, created on behalf of the will of a legal person or other organization and is held responsible by the legal person or other organization shall be regarded as the author.
If there is no contrary proof, the citizen, legal person or other organization signed on the work shall be the author.
Article 12 the copyright of a work produced by the adaptation, translation, annotation and collation of existing works shall be enjoyed by the person who adapts, translates, annotates and arranges the works, but the copyright of the original work shall not be infringed upon when the copyright is exercised.
Article 13 the copyright in a work created by two or more persons in cooperation shall be jointly enjoyed by the co authors. People who do not participate in the creation cannot be co authors.
Where a cooperative work can be used separately, the author may enjoy the copyright on the part of his own creation separately, but the copyright of the whole work shall not be infringed upon when the copyright is exercised.
Article 14. In the case of a work compiled, the compilation of pieces of a number of works or pieces of work or data or other materials that do not constitute a work, and the selection or arrangement of its contents, which embodies originality, shall be enjoyed by the assembler for the compilation of works, but the copyright of the original work shall not be infringed upon when exercising the copyright.
Article 15 the copyright of a film work or a work created by a similar method of film production shall be enjoyed by the producer, but the author of the screenwriter, director, photography, composition, composition, etc. shall have the right to sign the works and shall be entitled to remuneration in accordance with the contract signed with the producer.
The author of a film work or a work created by a similar method of film production, such as plays and music, which can be used independently, shall have the right to exercise his copyright alone.
Article 16 the work created by a citizen for the purpose of completing the work of a legal person or other organization is a work of duty. Except as provided in paragraph 2 of this article, the copyright shall be enjoyed by the author, but the legal person or other organization shall have the right to give priority to the use within its business scope. Within two years after the completion of the work, the author shall not permit a third party to use the work in the same way as the unit uses it without the consent of the unit.
In case of work in any of the following circumstances, the author shall have the right to sign, and other rights of copyright shall be enjoyed by legal persons or other organizations, and the legal person or other organization may give the author Awards:
（1） The work mainly refers to the work of engineering design, product design, map, computer software, etc., which is mainly created by the material and technical conditions of legal person or other organizations and is responsible by the legal person or other organizations;
（2） Work of duty enjoyed by legal persons or other organizations as stipulated by laws and administrative regulations or in the contract.
Article 17 the ownership of copyright in a work commissioned shall be agreed upon by the principal and the trustee through a contract. If there is no explicit agreement or contract in the contract, the copyright belongs to the trustee.
Article 18 the transfer of ownership of the original of works such as art shall not be regarded as the transfer of copyright in the work, but the exhibition right of the original of the artwork shall be enjoyed by the owner of the original.
Article 19 If the copyright belongs to a citizen, after the death of a citizen, the rights prescribed in paragraphs (5) to (17) of paragraph 1 of Article 10 of this Law shall be transferred in accordance with the provisions of the inheritance law during the period of protection prescribed by this law.
If the copyright belongs to a legal person or other organization, after the change or termination of a legal person or other organization, the rights specified in items (5) to (17) of paragraph 1 of Article 10 of this Law shall be enjoyed by the legal person or other organization which bears its rights and obligations within the protection period prescribed by this law; if the legal person or other organization has not undertaken its rights and obligations, the State shall enjoy the rights.
Section III protection period of rights
Article 20 the term of protection for the author's right to sign, modify and protect the integrity of a work shall not be restricted.
Article 21 the right to publish a work of a citizen and the protection period of the rights prescribed in paragraphs (5) to 17 of paragraph 1 of Article 10 of this Law shall be the author's life and fifty years after his death, and shall be ended on December 31, the fiftieth year after the death of the author; if it is a cooperative work, it shall be ended on December 31, the fiftieth year after the death of the last author.
The term of protection for the work or copyright (other than the right of signature) of a legal person or other organization enjoyed by a legal person or other organization shall be 50 years from the right to publish the work or the rights prescribed in paragraphs (5) to 17 of paragraph 1 of Article 10 of this law. As of December 31, the fiftieth year after the first publication of the work, but the work has not been published within 50 years after the completion of the creation, this work shall be The law is no longer protected.
The right to publish a film work or a work or photographic work created by a similar method of producing a film shall have a period of fifty years for the right to publish and the rights prescribed in paragraphs (5) to (17) of paragraph 1 of Article 10 of this law. As of December 31, the fiftieth year after the first publication of the work, however, if the work has not been published within 50 years after the completion of the creation, this Law shall not be protected.
Section 4 limitation of rights
Article 22 in the following cases, a work may be used without the permission of the copyright owner and shall not pay remuneration to it, but the name of the author and the name of the work shall be specified, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed:
（1） To study, study or appreciate for an individual, use the works published by others;
（2） To introduce or comment on a work or to explain a problem, the work published by others shall be appropriately quoted in the work;
（3） In order to report current news, published works are inevitably reproduced or quoted in newspapers, periodicals, radio stations, television stations and other media;
（4） Newspapers, periodicals, radio stations, television stations and other media have published or broadcast current articles on political, economic and religious issues published by other newspapers, periodicals, radio stations, television stations and other media, except for those that the author has declared not to be published or broadcast;
（5） A speech published or broadcast in a public meeting by newspapers, periodicals, radio stations, television stations, etc., except where the author declares that it is not allowed to be published or broadcast;
（6） To translate or copy published works for classroom teaching or scientific research in schools for the use of teaching or scientific researchers, but may not be published or distributed;
（7） The state organs use published works within a reasonable range for the purpose of performing their official duties;
（8） The library, archives, memorial hall, museum, art museum and so on shall copy the works collected in the library for the purpose of displaying or preserving the version;
（9） The work already published for free performance has not been charged to the public or paid to the performer;
（10） Copy, draw, photograph and video the artistic works set up or displayed in outdoor public places;
（11） To translate the works already published by Chinese citizens, legal persons or other organizations into works written in Chinese into works of minority languages and texts published in China;
（12） Change the published work to Braille.
The provisions of the preceding paragraph shall apply to the restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.
Article 23 In order to implement the nine-year compulsory education and national education plan, a Publishing Textbook may be compiled in the textbook, except for the one that the author has previously declared not to be allowed to use, compile in the textbook fragments of published works or short written works, music works or single art works and photographic works, but shall pay remuneration in accordance with the provisions, indicating the name and work of the author The name of the product shall not infringe upon other rights enjoyed by the copyright owner in accordance with this law.
The provisions of the preceding paragraph shall apply to the restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.
Chapter III Contract for the licensing and transfer of copyright
Article 24. The use of another's work shall conclude a license use contract with the copyright owner, except where the provisions of this law may be without permission.
The license contract includes the following main contents:
（1） The types of rights permitted to use;
（2） The right to use license is the exclusive right of use or the right of non exclusive use;
（3） The territory and period of the license;
（4） Standards and methods of payment;
（5） Liability for breach of contract;
（6） Other contents that both parties think need to be agreed upon.
Article 25 a written contract shall be concluded for the transfer of the rights provided for in paragraphs (5) to (17) of paragraph 1 of Article 10 of this law.
The contract of transfer of rights includes the following main contents:
（1） The name of the work;
（2） The types and geographical scope of the rights transferred;
（3） Transfer price;
（4） The date and manner of delivery of the transfer price;
（5） Liability for breach of contract;
（6） Other contents that both parties think need to be agreed upon.
Article 26 If the quality of a copyright is pledged, the pledgor and the pledgor shall register the pledge with the copyright administrative department under the State Council.
Article 27 the right of the copyright owner in the contract of license to use or transfer without the consent of the copyright owner shall not be exercised by the other party.
Article 28 the standards for payment for the use of works may be agreed upon by the parties or in accordance with the standards of payment formulated by the copyright administration department under the State Council in conjunction with the relevant departments. If the parties have not agreed clearly, they shall pay the remuneration according to the standards of payment formulated by the copyright administration department under the State Council in conjunction with the relevant departments.
Article 29 publishers, performers, producers of audio and video recordings, radio stations, television stations, etc. who use other people's works in accordance with the relevant provisions of this Law shall not infringe upon the right of authorship, right to modify, to protect the integrity of the work and to receive remuneration.
Chapter IV publishing, performing, recording, video recording and broadcasting
Section I publication of books and newspapers
Article 30 a publisher shall conclude a publishing contract with the copyright owner and pay remuneration.
Article 31 the exclusive right of publication enjoyed by a book publisher in accordance with the contract shall be protected by law for the work delivered by the copyright owner, and no other person shall publish the work.
Article 32 the copyright owner shall deliver the works within the time limit prescribed in the contract. The publisher of a book shall publish the book in accordance with the quality and time limit of publication as stipulated in the contract.
If a publisher fails to publish the book within the time limit stipulated in the contract, he shall bear civil liability in accordance with the provisions of Article 54 of this law.
If a book publisher reprints or reprints a work, he shall notify the copyright owner and pay remuneration. If the publisher refuses to reprint or reprint the book after the book is sold out, the copyright owner shall have the right to terminate the contract.
Article 33 Where a copyright owner submits a manuscript to a newspaper or periodical agency, if he fails to receive the notice of the newspaper to publish it within 15 days from the date of the issue of the manuscript, or fails to receive the notice of the periodical agency to publish the work within 30 days from the date of the issue of the manuscript, he may submit the same work to other newspapers or periodicals. Unless otherwise agreed by both parties.
After the publication of a work, except for the statement that the copyright owner shall not reprint or extract, other newspapers and periodicals may reprint or publish them as abstracts and materials, but shall pay remuneration to the copyright owner in accordance with the provisions.
Article 34 a book publisher may, with the permission of the author, modify or abridge his work.
Newspapers and periodicals may modify and abridge the composition of a work. The amendment to the content shall be subject to the permission of the author.
Article 35 in publishing works produced by the adaptation, translation, annotation, collation and compilation of existing works, permission shall be obtained from the copyright owner of the adaptation, translation, annotation, collation and compilation of the work and the copyright owner of the original work, and shall pay remuneration.
Article 36 publishers shall have the right to permit or prohibit others from using the layout design of the books and periodicals they publish.
The protection period of the rights prescribed in the preceding paragraph is 10 years, and shall be ended on December 31, the 10th year after the first publication of books and periodicals designed in the format.
Section II performance
Article 37 when performing a performance by using another's work, the performer (actor or performing unit) shall obtain the permission of the copyright owner and pay remuneration. The organizer of the performance shall organize the performance, and the organizer shall obtain the permission of the copyright owner and pay remuneration.
In performing a performance by using a work produced by adaptation, translation, annotation or arrangement of existing works, the copyright owner who adapts, translates, annotates or arranges the work and the copyright owner of the original work shall obtain permission and pay remuneration.
Article 38 a performer shall have the following rights to his performance:
（1） Show the performer's identity;
（2） Protect the performance image from distortion;
（3） Allow others to broadcast and publicly transmit their live performances from the scene and receive remuneration;
（4） To permit others to record and video and obtain remuneration;
（5） To permit others to copy or distribute audio-visual recordings and video products recorded for their performances and obtain remuneration;
（6） Allow others to communicate their performances to the public through the information network and receive remuneration.
The Licensee shall also obtain the permission of the copyright owner and pay remuneration for the use of the work in the manner prescribed in items (3) to (6) of the previous paragraph.
Article 39 the period of protection for the rights provided for in paragraphs 1 (1) and (2) of Article 38 of this Law shall not be restricted.
The protection period of the rights prescribed in items (3) to (6) of paragraph 1 of Article 38 of this law is 50 years, as of December 31, the fiftieth year after the performance.
Section 3 recording and video recording
Article 40 when making audio-visual recordings or video recordings by using other people's works, the producers of sound recordings and videos shall obtain the permission of the copyright owner and pay remuneration.
The producers of audio and video recordings shall obtain the permission of the copyright owner and the original copyright owner of the adaptation, translation, annotation and arrangement of the works produced by the use of adaptation, translation, annotation and arrangement of the existing works, and pay remuneration.
The producer of a recording may, without the permission of the copyright owner, pay remuneration in accordance with the provisions when making a sound recording product using a musical work legally recorded as a recording product by another person; the copyright owner shall not use it if he declares that it is not allowed to use it.
Article 41 When making audio-visual recordings, producers of sound recordings and videos shall conclude a contract with the performers and pay remuneration.
Article 42 the producer of sound recording and video recording shall have the right to permit others to copy, distribute, rent, disseminate to the public through the information network and obtain remuneration; the protection period of the rights is 50 years, as of December 31, the fifth decade after the first production of the product.
The Licensee shall also obtain the permission of the copyright owner and performer and pay remuneration for copying, distributing and disseminating audio and video products to the public through the information network.
Section 4 Broadcasting by radio and television stations
Article 43 broadcasting works not published by others by radio stations or television stations shall obtain the permission of the copyright owner and pay remuneration.
Broadcasting works published by others by radio stations or television stations may be paid without the permission of the copyright owner.
Article 44 broadcasting of published audio recordings by radio stations or television stations may be paid without the permission of the copyright owner. Unless otherwise agreed by the parties. Specific measures shall be formulated by the State Council.
Article 45 radio stations and television stations shall have the right to prohibit the following acts without their permission:
（1） Broadcasting and broadcasting of the broadcast and television;
（2） The broadcast and TV broadcast are recorded on the audio-visual carrier and the audio-visual carrier is copied.
The protection period of the rights prescribed in the preceding paragraph shall be 50 years, as of December 31, the fiftieth year after the first broadcast of the broadcast or television.
Article 46 when broadcasting a movie work of another person or a work or video product created by a similar method of making a film, a television station shall obtain the permission of the producer or producer of the video and pay remuneration; the broadcasting of the video products of another person shall also obtain the permission of the copyright owner and pay remuneration.
Chapter V Legal Responsibility and law enforcement measures
Article 47 If there are any of the following violations, they shall bear civil liabilities such as stopping infringement, eliminating influence, apologizing for compensation and compensation for losses according to the circumstances:
（1） Publishing his works without the permission of the copyright owner;
（2） The work created in cooperation with others is published as a work created by itself without the permission of the co-author;
（3） Failing to participate in the creation, signing his name on another's works for personal fame and profit;
（4） Distort or tamper with the work of others;
（5） Plagiarizing other people's works;
（6） Where a work is used by exhibition, film production or similar film production, or by adaptation, translation, annotation, etc., without the permission of the copyright owner, unless otherwise provided for in this law;
（7） Where the work of another person is used, remuneration shall be paid but not paid;
（8） "If the copyright owner of a work, computer software, audio and video recording product created by a film work or a work created by a similar method of film production or a copyright related obligee has not granted permission, the work or the audio-visual recording and video products are leased, unless otherwise provided for in this law;";
（9） Using the layout design of the books and periodicals published without the permission of the publisher;
（10） To broadcast live or publicly transmit his or her live performance or record his performance without the permission of the performer;
（11） Other acts of infringing on copyright and rights and interests related to copyright.
Article 48 If there are the following violations, the civil liability for stopping infringement, eliminating influence, apology and compensation for losses shall be borne according to the circumstances; if the public interest is damaged at the same time, the copyright administrative department may order the infringement to stop the infringement, confiscate the illegal gains, confiscate or destroy the infringing products, and impose a fine; if the circumstances are serious, the copyright administrative department may also impose a fine Confiscation of materials, tools and equipment mainly used for the production of infringing copies; if a crime is constituted, criminal responsibility shall be investigated according to law:
（1） Where, without the permission of the copyright owner, copies, issues, performs, shows, broadcasts, compiles or disseminates his works to the public through the information network, unless otherwise provided for in this law;
（2） Publishing books that other people enjoy exclusive copyright;
（3） Where, without the permission of the performer, the reproduction or distribution of audio-visual products recording the performance of the performers or the dissemination of their performances to the public through the information network, unless otherwise provided for in this law;
（4） Where, without the permission of the producer of sound recordings and videos, copies, distributes or disseminates the audio and video products produced by them to the public through the information network, unless otherwise provided for in this law;
（5） Broadcasting or copying radio or television without permission, unless otherwise provided for in this law;
（6） Where, without the permission of the copyright owner or the obligee concerned with the copyright, intentionally avoids or destroys the technical measures taken by the obligee for the protection of copyright or the rights related to copyright for his works, audio and video recordings, etc., unless otherwise provided by laws and administrative regulations;
（7） The electronic information of the right management of works, audio and video products, etc. is intentionally deleted or altered without the permission of the copyright owner or the obligee concerned with the copyright, unless otherwise provided for by laws and administrative regulations;
（8） Making or selling works that counterfeit the signature of others.
Article 49 If a copyright is infringed or a right related to a copyright is infringed, the infringer shall compensate according to the actual loss of the obligee; if the actual loss is difficult to calculate, it may be compensated according to the illegal gains of the infringer. The amount of compensation should also include the reasonable expenses paid by the obligee to stop the infringement.
If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall, in accordance with the circumstances of the infringement, award compensation of less than 500000 yuan.
Article 50 if a copyright owner or the obligee concerned with the copyright has evidence that another person is carrying out or is about to commit an act infringing his rights, if it fails to stop it in time, it will cause irreparable damage to his legal rights and interests, he may apply to the people's court for measures to order the cessation of the relevant acts and property preservation before the prosecution.
The provisions of articles 93 to 96 and 99 of the Civil Procedure Law of the people's Republic of China shall apply to the application of the people's court in handling the application mentioned in the preceding paragraph.
Article 51 in order to stop infringement, where the evidence may be lost or difficult to obtain later, the copyright owner or the obligee related to the copyright may apply to the people's court for the preservation of evidence before the prosecution.
After the people's court accepts the application, it must make a ruling within 48 hours; if the people's court decides to take the measures of preservation, it shall immediately begin to implement it.
The people's court may order the applicant to provide security, and if the applicant does not provide the guarantee, the application shall be rejected.
If the applicant does not bring a suit within 15 days after the people's court takes the measures of preservation, the people's court shall cancel the measures of preservation.
Article 52 in the case of a people's court hearing a case, if the copyright is infringed or the rights related to the copyright is violated, the illegal gains, infringing copies and the property that carries out the illegal activities may be confiscated.
Article 53 If the publisher or producer of a replica fails to prove that the publication or production of the replica has legal authorization, the publisher of the replica or the lessor of the film work or the work, computer software or the copy of the audio and video recording products created by a similar method of film production cannot prove that the copies issued or leased have legal sources, they shall bear legal liabilities.
Article 54 If the parties fail to perform their contractual obligations or perform the contractual obligations which do not meet the agreed conditions, they shall bear civil liabilities in accordance with the general principles of the national law of the people's Republic of China and the contract law of the people's Republic of China and other relevant laws.
Article 55 a copyright dispute may be mediated, or an arbitration institution may be applied to an arbitration institution in accordance with a written arbitration agreement reached by the parties or the arbitration clause in the copyright contract.
If the parties have no written arbitration agreement or have not concluded arbitration clauses in the copyright contract, they may directly bring a lawsuit in the people's court.
Article 56 If a party refuses to accept the administrative penalty, he may, within three months from the date of receiving the decision on administrative penalty, bring a suit in the people's court. If he does not sue or perform the action within the time limit, the copyright administrative department may apply to the people's court for enforcement.
Chapter VI supplementary provisions
Article 57 the copyright as used in this law is copyright.
Article 58 The term "publication" as mentioned in Article 2 of this Law means the reproduction and distribution of works.
Article 59 the measures for the protection of the right to the dissemination of computer software and information networks shall be separately prescribed by the State Council.
Article 60 the rights of copyright owners, publishers, performers, producers of audio and video recordings, radio stations and television stations as provided for in this law have not exceeded the protection period prescribed by this Law on the date of implementation of this law, they shall be protected in accordance with this law.
The infringement or breach of contract committed before the implementation of this Law shall be dealt with in accordance with the relevant provisions and policies at the time of the occurrence of the infringement or breach of contract.
Article 61 this Law shall come into force as of June 1st, 1991.