China's international copyright treaties
By WORLDLawDirect [March 2nd, 2011]
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Provisions on the Implementation of the International Copyright Treaties
(Promulgated on September 25, 1992 by Decree No. 105 of the State Council of the People's Republic of China, and effective as of September 30, 1992)
Article 1. These Provisions are formulated to implement the international copyright treaties and to protect the legitimate rights and interests of the owners of copyright in foreign works.
Article 2. With regard to the protection of foreign works, the Copyright Law of the People's Republic of China (hereinafter referred to as "the Copyright Law"). the Regulations for the Implementation of Copyright Law of the People's Republic of China, the Regulations for the Protection of Computer Software and these Provisions shall apply.
Article 3. The "international copyright treaties" mentioned in these Provisions refers to the Berne Convention for the Protection of Literary and Artistic Works (hereinafter referred to as "the Berne Convention") to which the People's Republic of China (hereinafter referred to as "China") is a party, and the bilateral agreements on copyright which China has concluded with foreign countries.
Article 4. Foreign works mentioned in these Provisions shall include: (1) Works of which the author or one of the coauthors or the other owner of copyright or one of the co-owners of copyright is a national or a permanent resident of a country party to the international copyright treaties; (2) Works of which the author is not a national or a permanent resident of a country party to international copyright treaties but which have been first published or published simultaneously in a country party of the international copy right treaties; (3) Works created by others by commission from a Chinese foreign equity joint venture, a Chinese foreign contractual joint venture or a foreign capital enterprise which, by virtue of a contract, is the owner of copyright or one of the co owners of copyright of the work.
Article 5. With regard to the term of protection for unpublished foreign works, the provisions of Articles 20 and 21 of the Copyright Law shall apply.
Article 6. In the case of foreign works of applied art, the term of protection shall be twenty-five years commencing from the creation of the works. The preceding paragraph. however, shall not apply to the works of fine arts, including designs, of cartoon characters, used in industrial goods.
Article 7. Foreign computer programmes shah be protected as literary works, shall not be subject to registration and shall enjoy a term of protection of fifty years commencing from the end of the year of their first publication.
Article 8. Foreign works created by compiling non protected materials shall be protected in accordance with the provisions of Article 14 of the Copyright Law, provided that originality is shown in the selection and arrangement of such materials. Such protection, however, shall not preclude others from using the same materials to create works of compilation.
Article 9. Foreign video recordings shall be protected as cinematographic works to the extent that international copyright treaties treat them as such works.
Article 10. Prior authorization of the copyright owner shall be required if a published foreign work created in Chinese is to be translated into and published in the language of a minority nationality.
Article 11. Copyright owners of foreign works have the right to authorize others to perform before the public their works in any manner and by any means, or to communicate to the public the performance of their works.
Article 12. Copyright owners of foreign cinematographic works, television works and works of video recordings have the right to authorize others to perform before the public their works.
Article 13. Prior authorization of the copyright owner shall be required for newspapers and periodicals to reprint a foreign work, except the reprinting of articles on current political, economic and social topics.
Article 14. Copyright owners of foreign works may authorize or prohibit rental of copies of their works after authorizing others to distribute such copies.
Article 15. Copyright owners of foreign works have the right to prohibit the importation of the following types of copies of their works: (1) Infringing copies; (2) Copies coming from a country where their works are not protected.
Article 16. In the case of public performance, recording and broadcasting of foreign works, the provisions of the Berne Convention shall apply. Where there is a collective administration organization, prior authorization of such organization shall be required.
Article 17. Foreign works which, at the date on which the international copyright treaties enter into force in China, have not fallen into the public domain in their countries of origin shall be protected until the expiration of the term of protection as is prescribed in the Copyright Law and these Provisions.
The preceding paragraph shall not apply to the uses of foreign works that had taken place before the international copyright treaties entered into force in China.
A Chinese citizen or legal person who owned and used a particular copy of a foreign work for a particular purpose before the entry into force of the international copyright treaties in China may continue to make use of that copy of the work without liability: but such copy may not be reproduced nor used in any manner susceptible to prejudice unreasonably the legitimate rights and interests of the copyright owner.
The application of the foregoing three paragraphs shall be subject to the provisions of the bilateral agreements on copyright concluded by China with the countries concerned.
Article 18. Articles 5, 12, 14, 15 and 17 of these Provisions shall also apply to sound recordings.
Article 19. Where preexisting administrative regulations relating to copyright conflict with these Provisions, these Provisions shall apply. Where these Provisions conflict with the international copyright treaties, the international copyright treaties shall apply.
Article 20. The implementation in China of the international copyright treaties shall be the responsibility of the National Copyright Administration of China.
Article 21. The interpretation of these Provisions shall be the responsibility of the National Copyright Administration of China.
Article 22. These Provisions shall enter into force as of September 30. 1992.
Note: The English translations are for reference only.