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(Issued by the Order No. 105 of the State Council on September 25, 1992;
revised in accordance with theDecision of the State Council to Amend and Repeal
Certain Administrative Regulations on November 29, 2020.)
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 co-authors 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
copyright treaties;
(3) Works created by others by commission from a foreign-funded 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term of protection for unpublished foreign works, the provisions of Articles 20 and 21 of the Copyright Law shall apply.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 25 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 shall be protected as literary works, shall not be subject to
registration and shall enjoy a term of protection of 50 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 ofArticle 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 owners 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 pre-existing
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.
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