Chinese Copyright Law- EN

Copyright Law of the People's Republic of China

(Passed at the 15th Session of the Standing Committee of the Seventh National People's Congress on September 7, 1990, and amended for the first time according to the Decision of the Standing Committee of the Ninth National People's Congress at its 24th Session on October 27, 2001, and for the second time according to the Decision of the Standing Committee of the Eleventh National People's Congress at its 13th Session on February 26, 2010)

Table of Contents

Chapter I General Provisions

Chapter II Copyright

Section 1 Copyright Owners and Their Rights

Section 2 Ownership of Copyright

Section 3 Term of Protection of Rights

Section 4 Limitations of Rights

Chapter III Contracts for Licensing and Assignment of Copyright

Chapter IV Publication, Performance, Recording, and Broadcasting

Section 1 Publication of Books and Periodicals

Section 2 Performance

Section 3 Recording and Video Recording

Section 4 Broadcasting by Radio Stations and Television Stations

Chapter V Legal Liabilities and Enforcement Measures

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1 [Legislative Purpose]

The purpose of this law is to protect the copyright of authors of literary, artistic, and scientific works, as well as related rights, and to encourage the creation and dissemination of works beneficial to the socialist spiritual and material civilization. It aims to promote the development and prosperity of socialist culture and scientific undertakings in accordance with the Constitution.

Article 2 [Protection of Copyright for Domestic and Foreign Works]

Works created by Chinese citizens, legal persons, or other organizations, whether published or unpublished, enjoy copyright under this law.

Works of foreigners or stateless persons enjoy copyright under this law based on agreements signed between their authors' countries or habitual residence countries and China, or under international treaties to which both China and their countries are parties.

Works of foreigners or stateless persons first published in China enjoy copyright under this law.

Works of authors from countries that have not signed agreements with China or are not parties to international treaties where the works were first published in both member and non-member countries are protected under this law.

Article 3 [Works and Their Classification]

The works referred to in this law include works created in the forms of literature, art, natural sciences, social sciences, engineering and technology, etc., including:

(1) Literary works;

(2) Oral works;

(3) Musical, dramatic, variety arts, dance, acrobatic arts works;

(4) Fine arts, architectural works;

(5) Photographic works;

(6) Cinematographic works and works created by methods similar to cinematography;

(7) Graphic works such as engineering designs, product designs, maps, diagrams, and model works;

(8) Computer software;

(9) Other works as stipulated by laws and administrative regulations.

Article 4 [Exercise of Copyright Must Not Violate Laws]

Copyright holders exercising their rights must not violate the Constitution and laws, nor harm public interests. The state shall supervise and manage the publication and dissemination of works according to law.

Article 5 [Objects Not Protected by Copyright Law]

This law does not apply to:

(1) Laws, regulations, resolutions, decisions, orders of state organs, and other legislative, administrative, or judicial documents, as well as their official translations;

(2) Current news reports;

(3) Calendars, numerical tables, general forms, and formulas.

Article 6 [Legislative Authorization for Protection of Folk Literary and Artistic Works]

The protection of folk literary and artistic works shall be separately stipulated by the State Council.

Article 7 [Administrative Authority for Copyright]

The administrative department for copyright under the State Council is responsible for nationwide copyright management. The administrative departments for copyright under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for copyright management within their respective administrative regions.

Article 8 [Collective Management Organizations of Copyright]

Copyright holders and related rights holders may authorize collective management organizations of copyright to exercise copyright or related rights. Once authorized, these organizations may assert rights on behalf of copyright holders and related rights holders, and act as parties in litigation or arbitration involving copyright or related rights.

Collective management organizations of copyright are non-profit organizations. The establishment, rights and obligations, collection and distribution of copyright licensing fees, as well as their supervision and management, shall be separately stipulated by the State Council.

Chapter II Copyright

Section 1 Copyright Owners and Their Rights

Article 9 [Copyright Owners]

Copyright owners include:

(1) Authors;

(2) Other citizens, legal persons, or other organizations entitled to copyright under this law.

Article 10 [Contents of Copyright]

Copyright includes the following personal rights and property rights:

(1) Right of publication, which is the right to decide whether to make the work available to the public;

(2) Right of attribution, which is the right to indicate the author's identity by naming on the work;

(3) Right of alteration, which is the right to modify the work or authorize others to modify it;

(4) Right of integrity, which is the right to protect the work from distortion or mutilation;

(5) Right of reproduction, which is the right to produce one or more copies of the work by printing, photocopying, engraving, recording, filming, re-recording, or other methods;

(6) Right of distribution, which is the right to provide the original or copies of the work to the public by sale or donation;

(7) Rental right, which is the right to allow others to temporarily use cinematographic works and works created by methods similar to cinematography, and computer software, excluding cases where computer software is not the principal object of rental;

(8) Exhibition right, which is the right to publicly display the original or copies of fine arts and photographic works;

(9) Performance right, which is the right to publicly perform the work and to publicly broadcast performances of the work through various means;

(10) Screening right, which is the right to publicly reproduce works of fine arts, photography, films, and works created by methods similar to cinematography through projectors, slide projectors, and other technical devices;

(11) Broadcasting right, which is the right to publicly broadcast or transmit works by wireless means, transmit broadcasting works to the public by wired transmission or retransmission, and transmit broadcasting works to the public through loudspeakers or other similar tools transmitting symbols, sounds, or images;

(12) Right of information network dissemination, which is the right to provide works to the public by wired or wireless means, enabling the public to access the works at their chosen time and place;

(13) Cinematographic right, which is the right to fix the work on a carrier by cinematography or methods similar to cinematography;

(14) Adaptation right, which is the right to change the work and create new works with originality;

(15) Translation right, which is the right to translate the work from one language to another;

(16) Compilation right, which is the right to compile works or parts of works into new works through selection or arrangement;

(17) Other rights that should be enjoyed by copyright owners.

Copyright owners may license others to exercise the rights specified in items (5) to (17) of the preceding paragraph and receive remuneration as agreed upon or as provided for by this law.

Copyright owners may wholly or partially transfer the rights specified in items (5) to (17) of the preceding paragraph and receive remuneration as agreed upon or as provided for by this law.

Section 2: Ownership of Copyright

Article 11 [Ownership of Copyright by Authors]

Copyright belongs to authors, except as otherwise stipulated by this law.

Citizens who create works are authors.

Works created under the direction of legal persons or other organizations, representing their will, and for which they bear responsibility, shall be deemed authored by the legal persons or other organizations.

In the absence of evidence to the contrary, the citizen, legal person, or other organization named on the work is considered the author.

Article 12 [Ownership of Derivative Works Copyright]

Copyright in works derived from adaptation, translation, annotation, or compilation of existing works belongs to the person who adapted, translated, annotated, or compiled them, but the exercise of copyright must not infringe the copyright of the original work.

Article 13 [Ownership of Joint Works Copyright]

Works created by two or more authors in collaboration shall be co-owned by the co-authors. Persons who did not participate in the creation cannot be considered co-authors. Joint works may be used separately; authors shall have individual copyright over their respective contributions, but the exercise of copyright must not infringe the copyright of the joint work as a whole.

Article 14 [Ownership of Compilation Works Copyright]

Works that compile several works or parts of works, or data or other materials that do not constitute works, and which demonstrate originality in the selection or arrangement of their contents, are compilation works. Copyright in compilation works belongs to the compiler, but the exercise of copyright must not infringe the copyright of the original works.

Article 15 [Ownership of Cinematographic Works Copyright]

The copyright in cinematographic works and works created by methods similar to cinematography belongs to the producer. However, authors such as screenwriters, directors, cinematographers, lyricists, and composers have the right to attribution and the right to remuneration as agreed upon in contracts with the producer. Authors of separate works within cinematographic works and works created by methods similar to cinematography have the right to independently exercise their copyright.

Article 16 [Ownership of Duty-Related Works Copyright]

Works created by citizens in completing tasks for legal persons or other organizations are duty-related works. Except as provided in the second paragraph of this Article, the copyright belongs to the authors. However, legal persons or other organizations have the right to prioritize the use of such works within their business scope. Within two years of completion, authors may not license third parties to use the work in the same manner without the consent of the organization. Duty-related works meeting the following conditions grant authors the right to attribution, while other copyright rights belong to legal persons or other organizations, which may reward the author:

(1) primarily using the material and technical conditions of legal persons or other organizations to create engineering designs, product designs, maps, computer software, and other duty-related works for which they bear responsibility;

(2) duty-related works for which copyright is owned by legal persons or other organizations according to laws, administrative regulations, or contract agreements.

Article 17 [Ownership of Commissioned Works Copyright]

The ownership of copyright in commissioned works shall be agreed upon by the commissioning party and the commissioned party through contract. In the absence of explicit agreement or contract, the copyright belongs to the commissioned party.

Article 18 [Exception to Exhibition Right of Original Artworks]

The transfer of ownership of original artworks, such as fine arts, does not constitute the transfer of copyright. However, the exhibition right of original artworks belongs to the owner of the original artworks.

Article 19 [Succession and Inheritance of Copyright]

If copyright belongs to a citizen, upon their death, the rights specified in items (5) to (17) of Article 10 of this law shall be transferred in accordance with the provisions of inheritance law within the protection period stipulated in this law.

If copyright belongs to a legal person or other organization, after its change or termination, the rights specified in items (5) to (17) of Article 10 of this law within the protection period stipulated in this law shall be enjoyed by the legal person or other organization assuming its rights and obligations. If no legal person or other organization assumes its rights and obligations, the rights shall belong to the state.

Section2: Duration of Protection of Rights

Article 20 [Rights with Unlimited Protection Period]

The rights of attribution, modification, and integrity of the work held by the author have no time limit for protection.

Article 21 [Term of Copyright Protection]

For works of citizens, the protection period for the right of publication and the rights specified in items (5) to (17) of Article 10 of this law extends for the lifetime of the author and continues for fifty years after the author's death, ending on December 31 of the fiftieth year after the author's death; for collaborative works, it ends on December 31 of the fiftieth year after the last author's death.

For works of legal persons or other organizations, and for duty-related works where copyright, except for attribution rights, is owned by legal persons or other organizations, the protection period for the right of publication and the rights specified in items (5) to (17) of Article 10 of this law is fifty years, ending on December 31 of the fiftieth year after the first publication of the work. However, works that remain unpublished within fifty years after completion are no longer protected under this law.

For cinematographic works, works created by methods similar to cinematography, and photographic works, the protection period for the right of publication and the rights specified in items (5) to (17) of Article 10 of this law is fifty years, ending on December 31 of the fiftieth year after the first publication of the work. However, works that remain unpublished within fifty years after completion are no longer protected under this law.

Article 22 [Limitations on Rights]

In the following cases, the use of a work may be carried out without permission from the copyright holder and without payment of remuneration, provided that the author's name and the work's title are credited, and the use does not infringe upon other rights held by the copyright holder as per this law:

1. For personal study, research, or appreciation, using a published work of others;

2. For introducing, commenting on a particular work, or explaining a specific issue, appropriately quoting a published work of others;

3. For reporting current events, unavoidably reproducing or quoting a published work in newspapers, journals, radio stations, television stations, and other media;

4. Newspapers, journals, radio stations, television stations, and other media publishing or broadcasting current articles on political, economic, or religious issues previously published by other media, except where the author has declared against publication or broadcast;

5. Newspapers, journals, radio stations, television stations, and other media publishing or broadcasting speeches delivered at public gatherings, except where the author has declared against publication or broadcast;

6. For classroom teaching or scientific research, translating or making small-scale copies of a published work for use by teaching or research personnel, but not for publication;

7. State organs using published works within a reasonable scope for the purpose of carrying out official duties;

8. Libraries, archives, memorial halls, museums, art galleries, etc., reproducing works in their collections as necessary for display or preservation;

9. Freely performing published works where no admission fee is charged to the public, and performers are not remunerated;

10. Copying, painting, photographing, or filming artistic works displayed or installed in outdoor public places;

11. Translating works created in Chinese language by Chinese citizens, legal persons, or other organizations into minority ethnic languages for domestic publication and distribution;

12. Publishing works in Braille that have been previously published.

The provisions above apply to limitations on the rights of publishers, performers, producers of phonograms and videograms, radio stations, and television stations.

Article 23 [Statutory License for Compiling and Publishing Textbooks]

For the purpose of implementing compulsory education and national educational plans, textbooks may compile segments or short excerpts of published works, musical works, or single-frame artistic works or photographic works in textbooks without permission from the copyright holder, except where the author has previously declared against such use. However, remuneration must be paid as prescribed, and the author's name and the work's title must be credited. This use must not infringe upon other rights held by the copyright holder as per this law.

The provisions above apply to limitations on the rights of publishers, performers, producers of phonograms and videograms, radio stations, and television stations.

Chapter III: License and Transfer Contracts of Copyright

Article 24 [License of Copyright]

When using someone else's work, a license agreement shall be concluded with the copyright holder, except as provided by this law. The license agreement shall include the following main contents:

1. Types of rights licensed for use;

2. Whether the licensed rights are exclusive or non-exclusive;

3. Scope and duration of the licensed rights;

4. Standards and methods of remuneration;

5. Liability for breach of contract;

6. Other matters that both parties deem necessary to agree upon.

Article 25 [Assignment of Copyright]

The transfer of rights specified in Article 10, paragraphs (5) to (17) of this law shall be governed by a written contract. The contract for the assignment of rights shall include the following main contents:

1. Name of the work;

2. Types and geographical scope of the rights transferred;

3. Transfer price;

4. Date and method of delivering the transfer price;

5. Liability for breach of contract;

6. Other matters that both parties deem necessary to agree upon.

Article 26 [Pledge of Copyright]

In cases of pledging copyright, the pledgor and the pledgee shall register the pledge with the State Copyright Administration Department under the State Council.

Article 27 [Rights not Explicitly Licensed or Transferred]

In license and assignment contracts, if the copyright holder has not explicitly licensed or transferred certain rights, the other party shall not exercise those rights without the consent of the copyright holder.

Article 28 [Remuneration Standards for Using Works]

The remuneration standards for using works may be agreed upon by the parties, or may be paid according to the remuneration standards formulated by the State Copyright Administration Department in conjunction with relevant departments. In cases where the agreement between the parties is not clear, remuneration shall be paid according to the remuneration standards formulated by the State Copyright Administration Department in conjunction with relevant departments.

Article 29 [Legal Use of Works Without Infringing Other Rights of Authors]

Publishers, performers, producers of phonograms and videograms, radio stations, and television stations, when using others' works in accordance with the provisions of this law, shall not infringe upon the author's rights to attribution, modification, protection of the integrity of the work, and right to remuneration.

Chapter IV: Publishing, Performance, Recording, and Broadcasting

Section 1: Publication of Books and Periodicals

Article 30 [Publishing Contract]

Publishers of books shall conclude a publishing contract with the copyright holder and pay remuneration for publishing the book.

Article 31 [Exclusive Publishing Rights]

Publishers of books have the exclusive publishing rights protected by law for works delivered by the copyright holder according to the contract, and others may not publish the same work.

Article 32 [Delivery of Works and Reprinting]

The copyright holder shall deliver the work within the agreed period as per the contract. Publishers of books shall publish the book according to the agreed quality and timeframe stipulated in the contract.

If publishers fail to publish within the agreed period as per the contract, they shall bear civil liability as stipulated in Article 54 of this law.

If publishers reprint or issue a new edition of the work, they shall notify the copyright holder and pay remuneration. If a book is out of stock and publishers refuse to reprint or issue a new edition, the copyright holder has the right to terminate the contract.

Article 33 [Submission and Reprint, Excerpting]

If the copyright holder submits a manuscript to a newspaper or periodical, and does not receive notice of publication within fifteen days from the date of submission to the newspaper, or within thirty days from the date of submission to the periodical, they may submit the same work to other newspapers or periodicals, unless otherwise agreed.

After the work is published, other newspapers or periodicals may reprint or publish it as an excerpt or data, but they must pay remuneration to the copyright holder as required.

Article 34 [Modification and Abridgment by Publishers]

Publishers of books, with the author's permission, may modify or abridge the work.

Newspapers or periodicals may make textual modifications or abridgments of the work. Modifications to the content require the author's permission.

Article 35 [Rights of the Original Copyright Holder in Derivative Works]

For the publication of derivative works such as adaptations, translations, annotations, compilations, etc., based on existing works, permission must be obtained from both the copyright holder of the derivative work and the original work, and remuneration must be paid.

Article 36 [Layout Design Rights]

Publishers have the right to permit or prohibit others from using the layout design of their published books or periodicals.

The protection period for the rights specified in the preceding paragraph is ten years, ending on December 31 of the tenth year after the first publication of the book or periodical using that layout design.

Section 2: Performance

Article 37 [Obligations of Performers towards Copyright Holders]

When performing using others' works, performers (actors, performing units) must obtain permission from the copyright holder and pay remuneration. Organizers of performances must obtain permission from the copyright holder and pay remuneration when organizing performances.

Performances using adapted, translated, annotated, compiled works derived from existing works must obtain permission from the copyright holders of the adapted, translated, annotated, compiled works as well as from the original copyright holders, and pay remuneration.

Article 38 [Rights of Performers]

Performers have the following rights in their performances:

1. To indicate their identity as performers;

2. To protect the integrity of their performance from distortion;

3. To permit others to broadcast and publicly transmit their live performances, and receive remuneration;

4. To permit others to make audio or video recordings, and receive remuneration;

5. To permit others to reproduce and distribute audio or video recordings containing their performances, and receive remuneration;

6. To permit others to publicly transmit their performances through information networks, and receive remuneration.

The persons permitted to use works in the manner specified in items (3) to (6) of the preceding paragraph shall also obtain permission from the copyright holder and pay remuneration.

Article 39 [Term of Protection of Performers' Rights]

The rights specified in Article 38, Paragraph 1, Items (1) and (2) of this Law have no term limit.

The rights specified in Article 38, Paragraph 1, Items (3) to (6) of this Law have a protection term of fifty years, ending on December 31 of the fiftieth year after the performance occurred.

Section 3: Recording and Video Recording

Article 40 [Obligations of Recording and Video Recording Authors towards Copyright Holders]

Authors of recordings and video recordings must obtain permission from the copyright holder and pay remuneration when using others' works to produce recordings and video recordings.

Authors of recordings and video recordings using adapted, translated, annotated, or compiled works derived from existing works must obtain permission from the copyright holders of the adapted, translated, annotated, compiled works as well as from the original copyright holders, and pay remuneration.

Authors of recordings may use music works already legally recorded as audio recordings to produce audio recordings without obtaining permission from the copyright holder, but they must pay remuneration as prescribed; works for which the copyright holder has declared not to use shall not be used.

Article 41 [Obligations of Recording and Video Recording Authors towards Performers]

Authors of recordings and video recordings must conclude contracts with performers and pay remuneration when producing recordings and video recordings.

Article 42 [Rights of Recording and Video Recording Authors]

Authors of recordings and video recordings have the right to permit others to reproduce, distribute, rent, and transmit their recordings and video recordings through information networks and receive remuneration. The protection term for these rights is fifty years, ending on December 31 of the fiftieth year after the initial production of the recording.

The persons permitted to reproduce, distribute, or transmit recordings and video recordings in the manner specified in the preceding paragraph shall also obtain permission from the copyright holder and performers and pay remuneration.

Section 4: Broadcasting by Radio and Television Stations

Article 43 [Obligations of Broadcasting Organizations towards Copyright Holders]

Radio and television stations must obtain permission from the copyright holder and pay remuneration when broadcasting unpublished works of others. They may broadcast published works of others without permission from the copyright holder, but they must pay remuneration.

Article 44 [Statutory License for Broadcasting Published Sound Recordings]

Radio and television stations may broadcast published sound recordings without obtaining permission from the copyright holder, but they must pay remuneration, unless otherwise agreed by the parties. Specific measures shall be formulated by the State Council.

Article 45 [Rights of Broadcasting Organizations]

Radio and television stations have the right to prohibit unauthorized:

1. Rebroadcasting of their broadcasted radio or television programs;

2. Recording their broadcasted radio or television programs on audio or video carriers and copying audio or video carriers.

The protection term for the rights specified in the preceding paragraph is fifty years, ending on December 31 of the fiftieth year after the first broadcast of the radio or television program.

Article 46 [Obligations of Television Stations when Broadcasting Others' Films and Video Recordings]

Television stations must obtain permission from producers or authors of films, works created using methods similar to filming, and video recordings of others when broadcasting them, and pay remuneration; when broadcasting others' video recordings, they must also obtain permission from the copyright holder and pay remuneration.

Chapter 5: Legal Liability and Enforcement Measures

Article 47 [Infringement Acts and Legal Liabilities (1)]

For the following infringement acts, depending on the circumstances, civil liabilities such as cessation of infringement, elimination of impact, apology, compensation for losses, etc., shall be borne:

1. Publishing a work without permission from the copyright holder;

2. Publishing a jointly created work with others as one's own independent creation without permission from the co-authors;

3. Claiming authorship on another person's work for personal gain without participating in its creation;

4. Distorting or tampering with another person's work;

5. Plagiarizing another person's work;

6. Using works for exhibitions, cinematography, or similar methods of cinematography, or using works through adaptation, translation, annotation, etc., without permission from the copyright holder, except as otherwise provided by this Law;

7. Using others' works without paying remuneration when required;

8. Renting out works or audio and video recordings made by copyright owners or related rights holders of cinematographic works, computer software, or audio and video recordings without permission, except as otherwise provided by this Law;

9. Using the layout design of books or periodicals published by others without permission from the publisher;

10. Broadcasting or recording live performances without permission from performers;

11. Other acts infringing upon copyright and related rights.

Article 48 [Infringement Acts and Legal Liabilities (2)]

For the following infringement acts, depending on the circumstances, civil liabilities such as cessation of infringement, elimination of impact, apology, compensation for losses shall be borne; if they also damage public interests, the copyright administrative departments may order the cessation of infringement, confiscate illegal gains, confiscate or destroy infringing copies, and impose fines; in severe cases, the copyright administrative departments may also confiscate materials, tools, equipment primarily used to produce infringing copies; if constituting a crime, criminal liability shall be pursued:

1. Reproducing, distributing, performing, screening, broadcasting, compiling, or publicly transmitting works without permission from the copyright holder, except as otherwise provided by this Law;

2. Publishing books that enjoy exclusive publishing rights of others without permission;

3. Reproducing, distributing, or publicly transmitting audio or video recordings containing performances without permission from performers, or through information networks, except as otherwise provided by this Law;

4. Reproducing, distributing, or publicly transmitting audio or video recordings made by recording and video recording authors without permission, except as otherwise provided by this Law;

5. Broadcasting or reproducing broadcasts or television programs without permission, except as otherwise provided by this Law;

6. Intentionally circumventing or disabling technical measures adopted by rights holders for the protection of copyrights or related rights of works, recordings, or video recordings, as otherwise stipulated by laws and administrative regulations;

7. Intentionally deleting or altering electronic rights management information of works, recordings, or video recordings without permission from copyright holders or related rights holders, as otherwise stipulated by laws and administrative regulations;

8. Producing or selling works falsely attributed to others.

Article 49 [Compensation for Infringement]

In case of infringement of copyright or related rights, the infringer shall compensate according to the actual losses of the rights holder; if the actual losses are difficult to calculate, compensation may be based on the illegal gains of the infringer. The compensation amount shall also include reasonable expenses incurred by the rights 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 award compensation of up to five hundred thousand yuan based on the circumstances of the infringement.

Article 50 [Pre-litigation Injunction and Property Preservation]

If a copyright holder or related rights holder has evidence that someone is infringing or about to infringe their rights, and failure to promptly stop the infringement would cause irreparable harm to their legitimate rights and interests, they may apply to the People's Court before filing a lawsuit for an order to stop the relevant actions and preserve property.

The People's Court shall handle applications under the preceding paragraph in accordance with Articles 93 to 96 and Article 99 of the Civil Procedure Law of the People's Republic of China.

Article 51 [Preservation of Evidence before Litigation]

To prevent infringement, where evidence may be destroyed or difficult to obtain later, a copyright holder or related rights holder may apply to the People's Court for evidence preservation before filing a lawsuit.

The People's Court must make a ruling within forty-eight hours after receiving the application; if preservation measures are ordered, they shall be executed immediately.

The People's Court may order the applicant to provide security; if the applicant fails to provide security, the application shall be dismissed.

If the applicant does not file a lawsuit within fifteen days after the People's Court has taken preservation measures, the People's Court shall lift the preservation measures.

Article 52 [Judicial Confiscation]

When handling cases, the People's Court may confiscate illegal gains, infringing copies, and other property involved in illegal activities that infringe copyright or related rights.

Article 53 [Burden of Proof of Legitimate Sources of Copies]

Publishers or producers of copies who cannot prove that their publication or production was authorized legally, or distributors or lessors of copies of film works or works created by methods similar to cinematography, computer software, or copies of audio and video recordings cannot prove the legitimate source of their distribution or lease, shall bear legal liabilities.

Article 54 [Liability for Breach of Contract]

Where a party fails to perform its contractual obligations or performs them not in accordance with the agreed conditions, it shall bear civil liabilities in accordance with the General Principles of Civil Law of the People's Republic of China, the Contract Law of the People's Republic of China, and other relevant laws.

Article 55 [Mediation and Arbitration of Copyright Disputes]

Copyright disputes may be mediated or, according to a written arbitration agreement reached by the parties or an arbitration clause in a copyright contract, submitted to an arbitration institution for arbitration.

Where there is no written arbitration agreement or arbitration clause in the copyright contract, the parties may directly bring a lawsuit to the People's Court.

Article 56 [Execution of Administrative Penalty Decisions]

If a party disagrees with an administrative penalty, it may file a lawsuit with the People's Court within three months from the date of receiving the administrative penalty decision. Upon expiration of the period without filing a lawsuit or non-performance, the copyright administrative department may apply to the People's Court for enforcement.

Chapter 6: Supplementary Provisions

Article 57 [Relationship between "Copyright" and "Edition Rights"]

The "copyright" referred to in this Law is synonymous with "edition rights."

Article 58 [Meaning of "Publication"]

The "publication" referred to in Article 2 of this Law refers to the reproduction and distribution of works.

Article 59 [Administrative Legislative Authorization for the Protection of Computer Software and Information Network Transmission Rights]

The protection of computer software and information network transmission rights shall be separately prescribed by the State Council.

Article 60 [Retrospective Application of Copyright Law]

The rights of copyright owners, publishers, performers, recording and video producers, broadcasting stations, and television stations as stipulated in this Law, which have not exceeded the protection period specified in this Law on the date of its implementation, shall be protected according to this Law.

Infringements or breaches occurring before the implementation of this Law shall be handled in accordance with the relevant provisions and policies at the time of the infringement or breach.

Article 61 [Effective Date]

This Law shall come into force on June 1, 1991.