Legal basis to protect your digital creations in China

Legal Basis

1. Copyright Protection for Foreign Works in China

• Paragraphs 2-4, Article 2, <Copyright Law of the People's Republic of China>

  The works of foreigners and stateless persons that enjoy copyright according to agreements signed between their country of origin or habitual residence and China, or international treaties participated in by both, are protected by this law. This provision is repeated for emphasis, indicating consistent protection under the same conditions.

2. Using Others' Works Without Permission Violates Copyright Law

• Paragraph.12, Item 1, Article 10, <Copyright Law of the People's Republic of China>

  The right to make a work available to the public by wire or wireless means so that the public can access the work at a time and place individually chosen by them.

• Article 3, <Supreme People's Court Provisions on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Infringement of the Right of Communication through Information Networks>

  Network users and network service providers who provide works, performances, or audio-visual recordings over information networks without permission, infringing the right of communication through information networks, should be deemed to have infringed this right unless otherwise stipulated by laws or administrative regulations.

• Article 48 <Copyright Law of the People's Republic of China>

  Infringement actions listed therein should bear civil liability such as stopping the infringement, eliminating its impact, apologizing, and compensating for losses. If public interests are damaged, the copyright administrative department may order the cessation of the infringement, confiscate illegal gains, and infringing copies, and may impose fines. In severe cases, materials, tools, and equipment used to make infringing copies may be confiscated, and criminal liability may be pursued if a crime is constituted.

• Item 2, Article 49, <Copyright Law of the People's Republic of China>

  If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the court may award compensation of up to 500,000 yuan based on the circumstances of the infringement.

3. Foreign Citizens Can Sue for Infringement Compensation in Chinese Courts

• Article 48, <Law of the People's Republic of China on the Application of Laws to Foreign-related Civil Relations>

  The ownership and content of intellectual property rights are governed by the law of the place where protection is sought.

• Article 50, <Law of the People's Republic of China on the Application of Laws to Foreign-related Civil Relations>

  The liability for intellectual property infringement is governed by the law of the place where protection is sought.

4. Profiting from Unauthorized Video Distribution May Violate Criminal Law

• Item 3, Article 217, <Criminal Law of the People's Republic of China>

  For the crime of copyright infringement, copying, distributing, or transmitting others' audio-visual works for profit without the permission of the producer, with substantial illegal gains or other serious circumstances, is punishable by up to three years of imprisonment or detention and a fine. If the illegal gains are particularly large or the circumstances are particularly serious, the punishment is three to ten years of imprisonment and a fine.

5. Compensation Amount

• Article 26, <Provisions on Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (I)>

  For profit-making purposes, without the copyright owner's permission, copying, distributing audio-visual works, or having one of the following situations should be prosecuted: (a) illegal gains exceeding 30,000 yuan; (b) illegal business amounts exceeding 50,000 yuan; (c) unauthorized copying and distributing of literary, musical, film, television, video, software, and other works, with a total of 500 copies (pieces) or more; (d) unauthorized copying and distributing of audio-visual products, with a total of 500 copies (pieces) or more; (e) other serious circumstances.

6. Accessing Overseas Social Websites Such as YouTube from Mainland China is Illegal

• Article 6, <Interim Provisions on the Administration of Computer Information Networks International Interconnection of the People's Republic of China>

  Computer information networks directly connecting to international networks must use international exit channels provided by the public telecommunications network of the Ministry of Posts and Telecommunications. No unit or individual is allowed to establish or use other channels for international networking.

• Article 14, <Interim Provisions on the Administration of Computer Information Networks International Interconnection of the People's Republic of China>

  Violations of Articles 6, 8, and 10 of these provisions will be ordered by public security authorities to stop networking, given a warning, and may be fined up to 15,000 yuan. Illegal gains will be confiscated if any.