The Implementation Regulations of the Copyright Law of the People's Republic of China are hereby promulgated, which shall come into effect on September 15, 2002.

Premier Zhu Rongji

August 2nd, 2002

Article 1: This regulation is formulated in accordance with the Copyright Law of the People's Republic of China (hereinafter referred to as the Copyright Law).

Article 2: Works referred to in the Copyright Law refer to intellectual achievements in the fields of literature, art, and science that are original and can be replicated in some tangible form.

Article 3: Creation referred to in the Copyright Law refers to intellectual activities that directly produce literary, artistic, and scientific works.

Organizing work, providing consulting opinions, material conditions, or other auxiliary work for others' creation is not considered as creation.

Article 4: The meanings of the following works in the Copyright Law and these Regulations:

（1） Written works refer to works expressed in written form such as novels, poems, essays, and academic papers;

（2） Oral works refer to works expressed in the form of oral language, such as impromptu speeches, lectures, court debates, etc;

（3） Music works refer to songs, symphonies, and other works that can be sung or performed with or without lyrics;

（4） Dramatic works refer to works such as plays, operas, and local operas that are performed on stage;

（5） Quyi works refer to works performed mainly in the form of rap, such as cross-talk, fast storytelling, drumming, storytelling, etc;

（6） Dance works refer to works that express thoughts and emotions through continuous movements, postures, expressions, etc;

（7） Acrobatic art works refer to works of acrobatics, magic, circus, etc. that are expressed through physical movements and techniques;

（8） Artworks refer to two-dimensional or three-dimensional aesthetic works of art composed of lines, colors, or other forms such as painting, calligraphy, sculpture, etc;

（9） Architectural works refer to aesthetically significant works expressed in the form of buildings or structures;

（10） Photographic works refer to artistic works that record objective object images on photosensitive materials or other media using instruments;

（11） Film works and works created using methods similar to filming refer to works that are filmed on a certain medium, composed of a series of images with or without accompanying sound, and are projected or disseminated through appropriate devices;

（12） Graphic works refer to engineering design drawings, product design drawings, as well as maps, diagrams, and other works that reflect geographical phenomena, explain the principles or structures of things, and are drawn for construction and production purposes;

（13） Model works refer to three-dimensional works made in a certain proportion according to the shape and structure of objects for display, experiment, observation and other purposes.

Article 5: The meanings of the following terms in the Copyright Law and these Regulations:

（1） Current affairs news refers to simple factual information reported through media such as newspapers, magazines, radio stations, and television stations;

（2） Audio recordings refer to any recordings of the sound of a performance or other sounds;

（3） Video recordings refer to any continuous related images or visual recordings with or without accompanying sound, other than film works and works created by similar filming methods;

（4） Recording producer refers to the first-time producer of a recorded product;

（5） Video producer refers to the first-time producer of a video product;

（6） Performers refer to actors, performance units, or other individuals who perform literary or artistic works.

Article 6: Copyright shall arise from the date of completion of the creation of the work.

Article 7: The copyright of works by foreigners or stateless persons that are first published within the territory of China as stipulated in Article 2, Paragraph 3 of the Copyright Law shall be protected from the date of their first publication.

Article 8: If a work of a foreigner or stateless person is first published outside of China and is published within 30 days within China, it shall be deemed to have been published simultaneously within China.

Article 9: If a collaborative work cannot be divided for use, its copyright shall be jointly enjoyed by all collaborating authors and exercised through mutual agreement; If consensus cannot be reached through negotiation and there is no justifiable reason, neither party shall prevent the other party from exercising any rights other than transfer, but the proceeds obtained shall be reasonably distributed to all co authors.

Article 10: If the copyright owner permits others to film their works or create works using methods similar to film production, it shall be deemed that they have agreed to make necessary modifications to their works, but such modifications shall not distort or tamper with the original works.

Article 11: The term "work task" in Article 16, Paragraph 1 of the Copyright Law regarding works created in the course of official duties refers to the duties that citizens should perform in the legal person or organization.

The "material and technical conditions" referred to in Article 16, Paragraph 2 of the Copyright Law regarding works created in the course of official duties refer to the funds, equipment, or materials specially provided by the legal person or organization for citizens to complete their creations.

Article 12: Within two years after the completion of a work in the course of one's duties, with the consent of the unit, the author may authorize a third party to use the work in the same manner as the unit, and the remuneration obtained shall be distributed between the author and the unit in accordance with the agreed proportion.

The two-year deadline for completing the work shall be calculated from the date the author delivers the work to the institution.

Article 13: For works whose author's identity is unknown, the copyright other than the right of attribution shall be exercised by the owner of the original work. After the author's identity is determined, the copyright shall be exercised by the author or their successor.

Article 14: After the death of one of the co authors, if no one inherits or bequeaths the rights provided for in Article 10, Paragraph 1, Items (5) to (17) of the Copyright Law, the rights enjoyed by the co authors shall be enjoyed by the other co authors.

Article 15: After the death of the author, the rights of attribution, modification, and protection of the integrity of the work in the author's copyright shall be protected by the author's heir or testator.

If no one inherits or bequeaths the copyright, the right to attribution, modification, and protection of the integrity of the work shall be protected by the copyright administrative department.

Article 16: The use of works for which the state enjoys copyright shall be managed by the copyright administrative department of the State Council.

Article 17: For works that have not been published by the author before their death, if the author does not explicitly state that they will not publish them, the right to publish may be exercised by the heir or testator within 50 years after the author's death; If there is no heir and no one has been bequeathed, it shall be exercised by the owner of the original work.

Article 18: For works whose author's identity is unknown, the protection period of the rights provided for in Article 10, Paragraph 1, Items (5) to (17) of the Copyright Law shall end on December 31 of the 50th year after the first publication of the work. After the author's identity is determined, the provisions of Article 21 of the Copyright Law shall apply.

Article 19: When using the works of others, the author's name and the title of the work shall be specified; However, unless otherwise agreed by the parties or cannot be specified due to the nature of the use of the work.

Article 20: The term "published works" as used in the Copyright Law refers to works that the copyright owner has made public or licensed others to make public.

Article 21: According to the relevant provisions of the Copyright Law, the use of a published work that can be used without the permission of the copyright owner shall not affect the normal use of the work, nor shall it reasonably harm the legitimate interests of the copyright owner.

Article 22: The remuneration standards for the use of works in accordance with the provisions of Article 23, Article 32 (2), and Article 39 (3) of the Copyright Law shall be formulated and published by the copyright administrative department of the State Council in conjunction with the competent pricing department of the State Council.

Article 23: When using the works of others, a license agreement shall be concluded with the copyright owner. If the licensed right is an exclusive right, it shall be in writing, except for works published by newspapers or periodicals.

Article 24: The content of the exclusive right of use provided for in Article 24 of the Copyright Law shall be stipulated in a contract. If there is no agreement or unclear agreement in the contract, it shall be deemed that the licensee has the right to exclude anyone, including the copyright owner, from using the work in the same way; Unless otherwise agreed in the contract, the licensee must obtain permission from the copyright owner to allow a third party to exercise the same right.

Article 25: If an exclusive license or transfer contract is entered into with the copyright owner, it may be filed with the copyright administrative department for record.

Article 26: The rights and interests related to copyright referred to in the Copyright Law and these Regulations refer to the rights enjoyed by publishers in the layout design of their published books and journals, performers in their performances, producers of audio and video recordings in their productions, and broadcasting and television stations in their broadcasts and television programs.

Article 27: Publishers, performers, producers of audio and video recordings, radio stations, and television stations exercising their rights shall not infringe upon the rights of the copyright owners of the works being used or the original works.

Article 28: If the book publishing contract stipulates that the book publisher has exclusive publishing rights but does not specify their specific content, it shall be deemed that the book publisher has the exclusive right to publish the original or revised version of the book in the same language during the validity period of the contract and within the geographical scope specified in the contract.

Article 29: If the two orders sent by the copyright owner to the book publisher are not fulfilled within 6 months, it shall be deemed that the book is out of stock as referred to in Article 31 of the Copyright Law.

Article 30: If the copyright owner declares in accordance with Article 32 (2) of the Copyright Law that their work cannot be reproduced or excerpted, they shall attach a declaration when publishing the work in newspapers or magazines.

Article 31: If the copyright owner declares in accordance with Article 39 (3) of the Copyright Law that they shall not make audio recordings of their work, they shall declare it when the work is legally recorded as an audio recording.

Article 32: In accordance with the provisions of Article 23, Article 32 (2), and Article 39 (3) of the Copyright Law, if someone uses another person's work, they shall pay remuneration to the copyright owner within 2 months from the date of use of the work.

Article 33: Performances by foreigners and stateless persons within the territory of China are protected by the Copyright Law.

Foreigners and stateless persons' rights to perform under international treaties to which China is a party are protected by copyright law.

Article 34: Audio recordings produced and distributed by foreigners and stateless persons within the territory of China are protected by the Copyright Law.

The rights enjoyed by foreigners and stateless persons under international treaties to which China is a party to the production and distribution of audio recordings are protected by the Copyright Law.

Article 35: The rights enjoyed by foreign radio and television stations in broadcasting and television programs in accordance with international treaties to which China is a party are protected by the Copyright Law.

Article 36: If an infringing act listed in Article 47 of the Copyright Law damages the public interest, the copyright administrative department may impose a fine of no more than three times the amount of illegal business operations; For illegal business operations that are difficult to calculate, a fine of up to 100000 yuan may be imposed.

Article 37: If there are infringing acts listed in Article 47 of the Copyright Law that also harm the public interest, the copyright administrative department of the local people's government shall be responsible for investigating and punishing them.

The copyright administrative department of the State Council may investigate and deal with infringements that have a significant impact nationwide.

Article 38: This regulation shall come into effect on September 15, 2002. The Implementation Regulations of the Copyright Law of the People's Republic of China, approved by the State Council on May 24, 1991 and issued by the National Copyright Administration on May 30, 1991, were simultaneously abolished.