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Implementing Regulations on the Copyright Law (2013)


Type of laws Administrative regulation

Issuing body China's State Council

Promulgating date Jan 30, 2013

Effective date Mar 01, 2013

Validity status Valid

Scope of application Nationwide

Topic(s) Copyright Law Intellectual Property

Editor(s) C. J. Observer

The Implementing Regulations on the Copyright Law were promulgated in 2002 and amended in 2011 and 2013 respectively. The latest revision entered into force on 1 Mar. 2013.

There are 38 articles in total, which aim to clarify some definitions in the Copyright Law and specify the relevant provisions of the Copyright Law.

The key points are as follows:

  1. The term “works” mentioned herein refers to the original intellectual achievements in the fields of literature, arts and science that can be reproduced in some tangible form. The term “creation” mentioned herein refers to the intellectual activities that directly produce works of literature, arts and science.

  2. Works include: (1) written works, (2) oral works, (3) musical works, (4) theatrical works, (5) folk arts, (6) dances, (7) acrobatic arts, (8) artistic works, (9) architecture, (10) photographic works, (11) cinematographic works, (12) graphs, (13) replica.

  3. Foreigners or stateless persons who first publish works in China shall be entitled to copyright protection from the date of first publication of the works. If the works of a foreigner or a stateless person is published within 30 days after it was first published outside China, it shall be deemed that the works have been published in China at the same time.

  4. Performances by foreigners and stateless persons in China and sound recordings produced and distributed in China shall be protected by the Copyright Law.

  5. The rights enjoyed by foreign radio and television stations in accordance with international treaties to which China is a party shall be protected by the Copyright Law.

  6. Where a party infringes upon the copyright and damages the public interest at the same time, if the illegal revenue generated therefrom reaches CNY 50,000 and above, the copyright administrative department may impose a fine of not less than one time but not more than five times of the illegal revenue; if there is no illegal revenue or the illegal revenue is less than CNY 50,000, the copyright administrative department may impose a fine of less than CNY 250,000 according to the seriousness of the circumstance.

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