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The Decision of the Standing Committee of the National People's Congress on Amending the Copyright Law of the People's Republic of China was adopted at the 13th meeting of the 11th Standing Committee of the National People's Congress of the People's Republic of China on February 26, 2010. It is hereby promulgated and shall come into effect on April 1, 2010.
Chinese President Hu Jintao
February 26, 2010
Copyright Law of the People's Republic of China (passed at the 15th meeting of the Standing Committee of the Seventh National People's Congress on September 7, 1990, revised for the first time according to 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, and revised for the second time according to the Decision on Amending 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)
Catalog
Chapter 1 General Provisions
Chapter 2 Copyright
Section 1 Copyright Owners and Their Rights
Section 2 Ownership of Copyright
Section 3 Protection Period of Rights
Section 4 Limitations on Rights
Chapter 3 Copyright License and Transfer Contract
Chapter 4 Publication, Performance, Audio and Video Recording, and Broadcasting
Section 1 Publication of Books and Newspapers
Section 2 Performance
Section 3 Audio and Video Recording
Section 4 Broadcasting by Radio and Television Stations
Chapter 5 Legal Responsibilities and Enforcement Measures
Chapter 6 Supplementary Provisions
Chapter 1 General Provisions
Article 1: In order to protect the copyright of authors of literary, artistic, and scientific works, as well as the rights and interests related to copyright, encourage the creation and dissemination of works that are beneficial to the construction of socialist spiritual and material civilization, and promote the development and prosperity of socialist culture and science, this Law is formulated in accordance with the Constitution.
Article 2: 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 foreigners and stateless persons in their works based on agreements signed between their country of origin or habitual residence and China, or international treaties jointly participated in, is protected by this Law.
Foreigners and stateless persons whose works are first published within the territory of China shall enjoy copyright in accordance with this Law.
Authors from countries that have not signed agreements with China or jointly participated in international treaties, as well as works of 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 both member and non member states, are protected by this law.
Article 3: The works referred to in this Law include literary, artistic, natural science, social science, engineering and technical works created in the following forms:
(1) Written works;
(2) Oral works;
(3) Music, drama, folk art, dance, and acrobatic works of art;
(4) Artworks and architectural works;
(5) Photographic works;
(6) Film works and works created using methods similar to film production;
(7) Engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;
(8) Computer software;
(9) Other works as stipulated by laws and administrative regulations.
Article 4: Copyright owners shall exercise their copyright without violating the Constitution and laws, and without harming public interests. The state supervises and manages the publication and dissemination of works in accordance with the law.
Article 5: This law does not apply to:
(1) Laws, regulations, resolutions, decisions, orders of state organs, and other documents with legislative, administrative, and judicial nature, as well as their official translations;
(2) Current affairs news;
(3) Calendar, universal number tables, universal tables, and formulas.
Article 6: The copyright protection measures for folk literature and art works shall be separately formulated by the State Council.
Article 7: The copyright administrative department of the State Council is responsible for the nationwide copyright management work; The copyright administrative departments of the people's governments of each province, autonomous region, and municipality directly under the Central Government are responsible for the copyright management work in their respective administrative regions.
Article 8: Copyright owners and rights holders related to copyright may authorize copyright collective management organizations to exercise copyright or rights related to copyright. After being authorized, the collective management organization for copyright can claim rights in its own name as the copyright owner and related rights holders, and can act as a party to litigation and arbitration activities involving copyright or related rights.
Copyright collective management organizations are non-profit organizations, and their establishment methods, rights and obligations, collection and distribution of copyright licensing fees, as well as supervision and management, shall be separately stipulated by the State Council.
Chapter 2 Copyright
Section 1 Copyright Owners and Their Rights
Article 9: Copyright holders 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 and property rights:
(1) The right of publication, which refers to the right to decide whether a work should be made public or not;
(2) The right of attribution, which means the right to indicate the author's identity and sign their name on the work;
(3) The right to modify, 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 the work from distortion or tampering;
(5) The right of reproduction refers to the right to produce one or more copies of a work through printing, photocopying, rubbing, recording, videography, dubbing, or remaking;
(6) Distribution right refers to the right to provide the original or copies of a work to the public through sale or gift;
(7) Rental right, which refers to the right to temporarily license others to use film works, works created by methods similar to film production, and computer software for a fee, except for computer software that is not the main subject of rental;
(8) Exhibition right, which refers to the right to publicly display the original or copies of art and photography works;
(9) The right to perform, which refers to the right to publicly perform works and to publicly broadcast the performance of works through various means;
(10) Projection right, which refers to the right to publicly reproduce art, photography, films, and works created by methods similar to film production through technical equipment such as projectors and slide projectors;
(11) Broadcasting rights refer to the right to publicly broadcast or disseminate works through wireless means, to disseminate broadcast works to the public through wired transmission or rebroadcasting, and to disseminate broadcast works to the public through loudspeakers or other similar tools that transmit symbols, sounds, and images;
(12) The right of information network dissemination, which refers to the right to provide works to the public through wired or wireless means, so that the public can obtain the works at their own chosen time and place;
(13) The right to film, which refers to the right to fix a work on a carrier by filming or using a method similar to filming;
(14) The right of adaptation, that is, the right to change a work and create a new work with originality;
(15) Translation right refers to the right to translate a work from one language into another language;
(16) Assembly right refers to the right to select or arrange a work or a fragment of a work to compile it into a new work;
(17) Other rights that should be enjoyed by the copyright owner.
The copyright owner may license others to exercise the rights specified in items (5) to (17) of the preceding paragraph and obtain remuneration in accordance with the agreement or relevant provisions of this Law.
The copyright owner may transfer all or part of the rights stipulated in items (5) to (17) of the first paragraph of this article, and receive remuneration in accordance with the agreement or relevant provisions of this law.
Section 2 Ownership of Copyright
Article 11: Copyright belongs to the author, except as otherwise provided in this Law.
The citizen who creates a work is the author.
Works created on behalf of the will of a legal person or other organization under the supervision of the legal person or other organization, and for which the legal person or other organization is responsible, shall be deemed as the author by the legal person or other organization.
If there is no proof to the contrary, the citizen, legal person or other organization who signs the work shall be the author.
Article 12: The copyright of a work produced by adapting, translating, annotating, or organizing an existing work shall be enjoyed by the person who adapted, translated, annotated, or organized it, but the exercise of copyright shall not infringe upon the copyright of the original work.
Article 13: For works co created by two or more persons, the copyright shall be jointly enjoyed by the co authors. People who did not participate in the creation cannot become co authors.
If a collaborative work can be divided and used, the authors may separately enjoy the copyright of their respective created parts, but exercising the copyright shall not infringe on the overall copyright of the collaborative work.
Article 14: A work that compiles several works, fragments of a work, or data or other materials that do not constitute a work, and whose content selection or arrangement reflects originality, is a compilation work, and its copyright is enjoyed by the compiler, but the exercise of copyright shall not infringe on the copyright of the original work.
Article 15: The copyright of film works and works created by methods similar to film production shall be enjoyed by the producer, but the screenwriter, director, cinematographer, lyricist, composer, and other authors shall have the right of attribution and the right to receive remuneration in accordance with the contract signed with the producer.
The authors of films and works created using methods similar to film production, such as scripts, music, etc., that can be used separately, have the right to exercise their copyright independently.
Article 16: Works created by citizens to complete the work tasks of legal persons or other organizations are works created in the course of their duties. Except as provided in the second paragraph of this article, the copyright shall be enjoyed by the author, but legal persons or other organizations have the right to use them first within their business scope. Within two years of completion of the work, without the consent of the unit, the author shall not allow a third party to use the work in the same way as the unit.
Works created in the course of official duties that fall under any of the following circumstances shall enjoy the right of attribution by the author, while other copyright rights shall be enjoyed by the legal person or other organization, which may reward the author
(1) Engineering design drawings, product design drawings, maps, computer software and other job-related works that are mainly created using the material and technological conditions of legal persons or other organizations and for which the legal persons or other organizations are responsible;
(2) Works created in the course of official duties that are subject to copyright ownership by legal persons or other organizations as stipulated by laws, administrative regulations, or contractual agreements.
Article 17: The ownership of copyright in works created under commission shall be agreed upon by the principal and the trustee through a contract. If there is no clear agreement in the contract or no contract is concluded, the copyright belongs to the trustee.
Article 18: The transfer of ownership of original works of art and other works shall not be deemed as the transfer of copyright, but the exhibition right of the original works of art shall be enjoyed by the owner of the original.
Article 19: If the copyright belongs to a citizen, the rights stipulated in Article 10, Paragraph 1, Items (5) to (17) of this Law shall be transferred in accordance with the provisions of the Inheritance Law during the protection period stipulated in this Law after the citizen's death.
If the copyright belongs to a legal person or other organization, after the change or termination of the legal person or other organization, the rights stipulated in Article 10, Paragraph 1, Items (5) to (17) of this Law shall be enjoyed by the legal person or other organization that assumes its rights and obligations during the protection period stipulated in this Law; If a legal person or other organization does not assume its rights and obligations, it shall be enjoyed by the state.
Section 3 Protection Period of Rights
Article 20: The protection period of the author's right of authorship, right of modification, and right to protect the integrity of the work shall not be limited.
Article 21: The protection period of the right of publication and the rights provided for in Article 10, Paragraph 1, Items (5) to (17) of this Law for works of citizens shall be the lifetime of the author and fifty years after his death, ending on December 31 of the fiftieth year after the author's death; If it is a collaborative work, it ends on December 31st of the 50th year after the death of the last deceased author.
The protection period of the publication right and the rights stipulated in Article 10, Paragraph 1, Items (5) to (17) of this Law for works or copyrights (excluding the right of attribution) enjoyed by legal persons or other organizations in the course of their duties shall be fifty years, ending on December 31 of the fiftieth year after the first publication of the work. However, if the work is not published within fifty years after its creation is completed, this Law shall no longer protect it.
The protection period of the right of publication and the rights stipulated in Article 10, Paragraph 1, Items (5) to (17) of this Law for film works, works created by methods similar to film production, and photographic works is fifty years, ending on December 31 of the fiftieth year after the first publication of the work. However, if the work is not published within fifty years after its creation is completed, this Law will no longer protect it.
Section 4 Limitations on Rights
Article 22: In the following circumstances, the use of a work may be made without the permission of the copyright owner or payment of remuneration, but the author's name 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) Using published works of others for personal learning, research, or appreciation;
(2) To introduce or comment on a certain work or explain a certain issue, appropriately cite other people's published works in the work;
(3) To report current affairs news, it is inevitable to reproduce or quote published works in newspapers, magazines, radio stations, television stations and other media;
(4) Newspapers, magazines, radio stations, television stations and other media publish or broadcast current affairs articles on political, economic, religious issues that have already been published in other newspapers, magazines, radio stations, television stations and other media, except for those whose authors declare that they are not allowed to publish or broadcast;
(5) Newspapers, magazines, radio stations, television stations and other media publish or broadcast speeches delivered at public gatherings, except for those where the author declares that they are not allowed to be published or broadcast;
(6) Translate or reproduce published works in small quantities for classroom teaching or scientific research in schools, for use by teaching or research personnel, but not for publication and distribution;
(7) State organs use published works within a reasonable scope to carry out their official duties;
(8) For the purpose of displaying or preserving versions, libraries, archives, memorial halls, museums, art galleries, etc. may reproduce works collected in their own libraries;
(9) Free performance of published works, without charging fees to the public or paying remuneration to performers;
(10) Copying, painting, photography, and video recording of art works set up or displayed in outdoor public places;
(11) Translate works created in Chinese language by Chinese citizens, legal persons or other organizations that have already been published into minority language works for publication and distribution in China;
(12) Convert published works into Braille for publication.
The preceding provisions apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations, and television stations.
Article 23: Textbooks compiled and published for the implementation of the nine-year compulsory education and national education plans may, without the permission of the copyright owner, compile fragments of published works, short written works, musical works, or individual works of art or photography in the textbooks, unless the author declares in advance that they are not allowed to use them. However, remuneration shall be paid in accordance with regulations, the author's name and the name of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed.
The preceding provisions apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations, and television stations.
Chapter 3 Copyright License and Transfer Contract
Article 24: When using the works of others, a license agreement shall be concluded with the copyright owner, except for those that may be used without permission as stipulated in this Law.
The license agreement includes the following main contents:
(1) The types of rights licensed for use;
(2) The right to license is either exclusive or non exclusive;
(3) The geographical scope and period of permitted use;
(4) Payment standards and methods;
(5) Liability for breach of contract;
(6) Other contents that both parties consider necessary to be agreed upon.
Article 25: When transferring the rights stipulated in Article 10, Paragraph 1, Items (5) to (17) of this Law, a written contract shall be concluded.
The rights transfer contract includes the following main contents:
(1) The name of the work;
(2) The types and geographical scope of the transferred rights;
(3) Transfer price;
(4) The date and method of delivering the transfer price;
(5) Liability for breach of contract;
(6) Other contents that both parties consider necessary to be agreed upon.
Article 26: If copyright is pledged, the pledgor and pledgee shall register the pledge with the copyright administrative department of the State Council.
Article 27: Without the consent of the copyright owner, the other party shall not exercise the rights that are not explicitly licensed or transferred by the copyright owner in the license and transfer contract.
Article 28: The remuneration standards for the use of a work may be agreed upon by the parties, or may be paid in accordance with the remuneration standards formulated by the copyright administrative department of the State Council in conjunction with relevant departments. If the parties' agreement is unclear, remuneration shall be paid in accordance with the remuneration standards formulated by the copyright administrative department of the State Council in conjunction with relevant departments.
Article 29: Publishers, performers, producers of audio and video recordings, radio stations, television stations, etc. who use the works of others in accordance with the relevant provisions of this Law shall not infringe upon the author's rights of attribution, modification, protection of the integrity of the work, and the right to remuneration.
Chapter 4 Publication, Performance, Audio and Video Recording, and Broadcasting
Section 1 Publication of Books and Newspapers
Article 30: Book publishers who publish books shall enter into a publishing contract with the copyright owner and pay remuneration.
Article 31: The exclusive publishing right enjoyed by a book publisher in accordance with the contract for a work delivered for publication by the copyright owner shall be protected by law, and others shall not publish the work.
Article 32: The copyright owner shall deliver the work within the time limit stipulated in the contract. Book publishers shall publish books in accordance with the quality and deadline stipulated in the contract.
If a book publisher fails to publish within the agreed time limit in the contract, they shall bear civil liability in accordance with Article 54 of this Law.
If a book publisher reprints or republishes a work, they shall notify the copyright owner and pay remuneration. If the book publisher refuses to reprint or republish the book after it is out of stock, the copyright owner has the right to terminate the contract.
Article 33: If a copyright owner submits an article to a newspaper or journal and does not receive notification from the newspaper or journal within 15 days from the date of publication, or within 30 days from the date of publication, they may submit the same work to another newspaper or journal. Unless otherwise agreed by both parties.
After the publication of a work, except for those declared by the copyright owner not to be reproduced or excerpted, other newspapers and magazines may reproduce or publish it as an abstract or material, but shall pay remuneration to the copyright owner in accordance with regulations.
Article 34: Book publishers may modify or delete works with the author's permission.
Newspapers and magazines can make textual modifications and deletions to works. Any modifications to the content must be approved by the author.
Article 35: Works resulting from the adaptation, translation, annotation, organization, or compilation of existing works shall obtain permission from the copyright owners of the adapted, translated, annotated, organized, or compiled works and the original works, and pay remuneration.
Article 36: Publishers have the right to license or prohibit others from using the layout design of their published books or journals.
The protection period of the rights stipulated in the preceding paragraph is ten years, ending on December 31 of the tenth year after the first publication of the book or journal using the layout design.
Section 2 Performance
Article 37: When performing using works of others, performers (actors, performance units) shall obtain permission from the copyright owner and pay remuneration. The performance organizer organizes the performance, obtains permission from the copyright owner, and pays remuneration.
The use of adaptations, translations, annotations, and compilations of existing works for performances shall obtain permission from the copyright owners of the adaptations, translations, annotations, and compilations and the original works, and pay remuneration.
Article 38: Performers have the following rights to their performances:
(1) Identify the performer's identity;
(2) Protect the performance image from distortion;
(3) Authorize others to live stream and publicly transmit their live performances, and receive remuneration;
(4) Authorize others to record audio and video recordings and receive remuneration;
(5) Authorize others to copy and distribute audio and video recordings of their performances, and receive remuneration;
(6) Authorize others to disseminate their performances to the public through information networks and receive compensation.
The licensee shall obtain permission from the copyright owner and pay remuneration for using the work in the manner specified in items (3) to (6) of the preceding paragraph.
Article 39: The protection period of the rights provided for in Article 38, Paragraph 1, Items (1) and (2) of this Law shall not be limited.
The protection period of the rights stipulated in Article 38, Paragraph 1, Items (3) to (6) of this Law is fifty years, ending on December 31 of the fiftieth year after the performance.
Section 3 Audio and Video Recording
Article 40: Producers of audio and video recordings who use the works of others to produce audio and video recordings shall obtain permission from the copyright owner and pay remuneration.
Producers of audio and video recordings who use adaptations, translations, annotations, or compilations of existing works shall obtain permission from the copyright owners of the adaptations, translations, annotations, or compilations and the original works, and pay remuneration.
Recording producers who use music works that have been legally recorded as recording products by others to produce recording products may not obtain permission from the copyright owner, but shall pay remuneration in accordance with regulations; If the copyright owner declares that it is not allowed to be used, it shall not be used.
Article 41: When producing audio and video recordings, the producer shall enter into a contract with the performer and pay remuneration.
Article 42: Producers of audio and video recordings have the right to license others to reproduce, distribute, rent, disseminate to the public through information networks, and receive remuneration for the audio and video recordings they produce; The protection period of the right is fifty years, ending on December 31st of the fiftieth year after the first production of the product is completed.
The licensee shall obtain permission from the copyright owner and performer and pay remuneration for copying, distributing, and disseminating audio and video products to the public through information networks.
Section 4 Broadcasting by Radio and Television Stations
Article 43: Radio and television stations broadcasting unpublished works of others shall obtain permission from the copyright owner and pay remuneration.
Radio and television stations may broadcast works published by others without the permission of the copyright owner, but shall pay remuneration.
Article 44: Radio and television stations may broadcast published audio recordings without the permission of the copyright owner, but shall pay remuneration. Unless otherwise agreed by the parties. The specific measures shall be formulated by the State Council.
Article 45: Radio and television stations have the right to prohibit the following acts without their permission:
(1) Broadcast and television rebroadcast it;
(2) Record the broadcast and television it plays on audiovisual media and copy the audiovisual media.
The protection period of the rights stipulated in the preceding paragraph is fifty years, ending on December 31 of the fiftieth year after the first broadcast of the radio or television.
Article 46: Television stations shall obtain permission from the producer or video producer and pay remuneration for broadcasting other people's film works, works created by methods similar to film production, and video recordings; To play other people's video products, permission from the copyright owner should also be obtained and remuneration should be paid.
Chapter 5 Legal Responsibilities and Enforcement Measures
Article 47: Those who engage in the following acts of infringement shall bear civil liabilities such as cessation of infringement, elimination of impact, apology, and compensation for losses, depending on the circumstances:
(1) Publishing one's work without the permission of the copyright owner;
(2) Publishing a work created in collaboration with others as a standalone work without the permission of the collaborating author;
(3) Those who did not participate in the creation and signed others' works for personal fame and fortune;
(4) Distorting or altering the works of others;
(5) Plagiarizing someone else's work;
(6) Without the permission of the copyright owner, the use of works for exhibition, film production, or similar film production methods, or the use of works through adaptation, translation, annotation, etc., except as otherwise provided in this Law;
(7) Using someone else's work for which remuneration should have been paid but has not been paid;
(8) Renting works or audio and video recordings without the permission of the copyright owner or rights holder related to the copyright of the film works, works created by similar filming methods, computer software, audio and video recordings, except as otherwise provided in this Law;
(9) Using the layout design of books or journals published by the publisher without their permission;
(10) Without the performer's permission, live streaming or publicly transmitting their live performance, or recording their performance;
(11) Other acts that infringe upon copyright and related rights and interests.
Article 48: Those who engage in the following acts of infringement shall bear civil liabilities such as cessation of infringement, elimination of impact, apology, and compensation for losses, depending on the circumstances; If it damages the public interest at the same time, the copyright administrative department may order the cessation of infringement, confiscate illegal gains, confiscate or destroy infringing copies, and may impose fines; In serious cases, the copyright administrative department may also confiscate materials, tools, equipment, etc. mainly used for making infringing copies; If a crime is committed, criminal responsibility shall be pursued in accordance with the law:
(1) Copying, distributing, performing, screening, broadcasting, compiling, or disseminating works to the public through information networks without the permission of the copyright owner, except as otherwise provided in this Law;
(2) Publishing books that others have exclusive publishing rights to;
(3) Copying or distributing audio or video recordings of a performer's performance without their permission, or disseminating their performance to the public through information networks, except as otherwise provided in this Law;
(4) Reproduction, distribution, and dissemination of audio and video recordings to the public through information networks without the permission of the producer, except as otherwise provided in this Law;
(5) Without permission, broadcasting or copying radio or television, except as otherwise provided in this Law;
(6) Intentionally avoiding or damaging the technical measures taken by the rights holder to protect copyright or copyright related rights for their works, audio and video recordings, etc. without the permission of the copyright owner or copyright related rights holder, except as otherwise provided by laws and administrative regulations;
(7) Intentionally deleting or altering electronic information related to the rights management of works, audio and video recordings, etc. without the permission of the copyright owner or rights holders related to copyright, except as otherwise provided by laws and administrative regulations;
(8) Producing and selling works with counterfeit signatures of others.
Article 49: In case of infringement of copyright or rights related to copyright, the infringer shall compensate the right holder for the actual losses incurred; If the actual losses are difficult to calculate, compensation can be given based on the infringer's illegal gains. The compensation amount should also include the reasonable expenses paid by the right holder to stop the infringement.
If the actual losses of the rights holder or the illegal gains of the infringer cannot be determined, the people's court shall, based on the circumstances of the infringement, award compensation of up to 500000 yuan.
Article 50: If a copyright owner or a rights holder related to copyright has evidence that others are committing or about to commit acts that infringe upon their rights, and if not stopped in a timely manner, it will cause irreparable damage to their legitimate rights and interests, they may apply to the people's court for measures to order the cessation of the relevant acts and property preservation before filing a lawsuit.
The people's court shall handle the application mentioned in the preceding paragraph in accordance with the provisions of Articles 93 to 96 and 99 of the Civil Procedure Law of the People's Republic of China.
Article 51: In order to prevent infringement, in cases where evidence may be lost or difficult to obtain in the future, copyright owners or rights holders related to copyright may apply to the people's court for evidence preservation before filing a lawsuit.
After accepting the application, the people's court must make a ruling within 48 hours; If preservation measures are ordered, they shall be immediately enforced.
The people's court may order the applicant to provide guarantee. If the applicant fails to provide guarantee, the application shall be rejected.
If the applicant does not file a lawsuit within fifteen days after the people's court takes preservation measures, the people's court shall lift the preservation measures.
Article 52: People's courts may confiscate illegal gains, infringing copies, and property used for illegal activities in cases involving infringement of copyright or rights related to copyright.
Article 53: If the publisher or producer of a copy cannot prove that their publication or production is legally authorized, or if the distributor of a copy or the lessor of a copy of a film work or a work created by a method similar to film production, computer software, or audio or video recording cannot prove that the copy they distribute or rent has a legal source, they shall bear legal responsibility.
Article 54: If a party fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreed conditions, it shall bear civil liability in accordance with relevant laws and regulations such as the General Principles of the Civil Law of the People's Republic of China and the Contract Law of the People's Republic of China.
Article 55: Copyright disputes may be mediated, or arbitration may be applied to an arbitration institution based on a written arbitration agreement reached by the parties 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 directly file a lawsuit with the people's court.
Article 56: If a party is dissatisfied with an administrative penalty, they may file a lawsuit with the people's court within three months from the date of receiving the administrative penalty decision. If they fail to file a lawsuit or comply within the time limit, the copyright administrative department may apply to the people's court for enforcement.
Chapter 6 Supplementary Provisions
Article 57: The term 'copyright' referred to in this Law means copyright.
Article 58: The publication referred to in Article 2 of this Law refers to the reproduction and distribution of works.
Article 59: The protection measures for the right of computer software and information network dissemination shall be separately formulated by the State Council.
Article 60: The rights of copyright owners, publishers, performers, producers of audio and video recordings, radio stations, and television stations provided for in this Law shall be protected in accordance with this Law if they have not exceeded the protection period provided for in this Law on the date of its implementation.
Any infringement or breach of contract that occurred before the implementation of this law shall be handled in accordance with the relevant regulations and policies at the time of the infringement or breach.
Article 61: This Law shall come into effect on June 1, 1991.
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