Chapter 32: Not for the Son

Article 46

Television stations shall obtain permission from the producer or video producer and pay remuneration for the broadcast of other people's film works, works created by methods similar to film production, and shall also obtain permission from the copyright owner and pay remuneration for the broadcast of others' video products.

Chapter V: Legal Responsibility and Law Enforcement Measures

Article 47

Where there are any of the following infringements, civil liabilities such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses shall be borne according to the circumstances: (1) publishing the work without the permission of the copyright owner; (2) publishing the work created in cooperation with others as a work created by oneself without the permission of the co-author; (3) not participating in the creation, but signing the work of others for the purpose of seeking personal fame and fortune; (4) distorting or (5) Plagiarizing the works of others; (6) Using works that are exhibition, filming, or using methods similar to filming, or using methods similar to filming, or using works by methods such as adaptation, translation, annotation, etc., without the permission of the copyright owner, except as otherwise provided by this Law; (7) Failure to pay remuneration for the use of others' works; (8) Works created without cinematographic works or methods similar to filming, computer software, Except as otherwise provided in this Law, where the copyright owner of audio or video recordings or copyright-related rights holders lease their works or audio or video recordings, (9) using the layout design of the books or periodicals they publish without the permission of the publisher; (10) broadcasting live performances from live broadcasts or publicly, or recording their performances, without the permission of the performers; (11) other acts that infringe on copyright or copyright-related rights and interests.

Article 48

Where the following infringements are committed, civil liabilities such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses shall be borne according to the circumstances; where the public interest is harmed at the same time, the administrative copyright management department may order the infringement to be stopped, confiscate the unlawful gains, confiscate and destroy the infringing copies, and may impose a fine; equipment, etc., where a crime is constituted, criminal liability shall be pursued in accordance with law: (1) reproduction, distribution, performance, screening, broadcasting, compilation, or dissemination of his work to the public through information networks without the permission of the copyright owner, except as otherwise provided by this Law; (2) Publishing a book in which others enjoy the exclusive right of publication; (3) Reproducing or reproducing without the permission of the performer; Except as otherwise provided in this Law, where audio or video recordings of their performances are distributed, or their performances are disseminated to the public through information networks, except as otherwise provided by this Law; (4) Except as otherwise provided by this Law, without the permission of the producers of audio or video recordings, or where audio or video recordings are reproduced, distributed, or disseminated to the public through information networks; Except as otherwise provided by this Law; (6) Without the permission of the copyright owner or copyright-related rights holder, intentionally avoiding or undermining the technical measures taken by the rights holder to protect copyright or copyright-related rights for their works, audio or video recordings, etc., except as otherwise provided by laws and administrative regulations; Except as otherwise provided by administrative regulations; (8) Producing or selling works that counterfeit the signatures of others.

Article 49

Where copyright or copyright-related rights are infringed, the infringer shall pay compensation according to the actual losses of the right holder, and where the actual losses are difficult to calculate, compensation may be given according to the infringer's unlawful gains. The amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringement. Where the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the people's court shall, on the basis of the circumstances of the infringement, make a judgment to give compensation of up to 500,000 yuan.

Article 50

Where the copyright owner or the owner of copyright-related rights has evidence proving that others are committing or are about to commit acts infringing on their rights, and if they do not stop it in a timely manner, their lawful rights and interests will be irreparably harmed, they may apply to the people's court to take measures to order the cessation of the relevant acts and the preservation of their property before initiating a lawsuit. The people's courts handling the applications in the preceding paragraph apply the provisions of articles 93-96 and 99 of the "Civil Procedure Law of the People's Republic of China".

Article 51

In order to stop the infringement, the copyright owner or the copyright-related rights holder may apply to the people's court for the preservation of evidence before filing a lawsuit if the evidence may be destroyed or difficult to obtain in the future. After accepting the application, the people's court must make a ruling within 48 hours; The people's court may order the applicant to provide a guarantee, and if the applicant does not provide a guarantee, the application shall be rejected. Where the applicant does not initiate litigation within 15 days after the people's court adopts the preservation measures, the people's court shall lift the preservation measures.

Article 52

People's courts hearing cases may confiscate unlawful gains, infringing copies, and property from illegal activities where copyright or copyright-related rights are infringed.

Article 53

Where the publisher or producer of a reproduction cannot prove that it has lawful authorization to publish or produce it, or the distributor of the reproduction or the lessor of a film work or a work created by a method similar to that of a film, computer software, or audio or video recording, it shall bear legal responsibility.

Article 54

If a party fails to perform its contractual obligations or the performance of its contractual obligations does not meet the agreed conditions, it shall bear civil liability in accordance with the General Principles of the Civil Law of the People's Republic of China, the Contract Law of the People's Republic of China and other relevant laws and regulations.

Article 55

Copyright disputes may be mediated, or they may apply to an arbitration institution for arbitration in accordance with the 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 and have not entered into an arbitration clause in the copyright contract, they may directly file a lawsuit with the people's court.

Article 56

Where parties are dissatisfied with the administrative punishment, they may file a lawsuit with the people's court within three months of receiving the administrative punishment decision, and where they do not prosecute at the end of the period and do not perform, the administrative copyright management department may apply to the people's court for enforcement.

Chapter VI Supplementary Provisions

Article 57

The term "copyright" as used in this Law refers to copyright.

Article 58

"Publication" as used in Article 2 of this Law refers to the reproduction and distribution of works.

Article 59

Measures for the protection of the right to disseminate computer software and information on networks are to be separately formulated by the State Council. Infringements or breaches of contract that occurred before the implementation of this Law are to be handled in accordance with the relevant provisions and policies at the time of the infringement or breach.

Article 60

Where the rights of copyright holders, publishers, performers, producers of audio and video recordings, radio stations, and television stations as provided for in this Law have not yet exceeded the period of protection provided for in this Law as of the date of implementation of this Law, they are to be protected in accordance with this Law.

Article 61

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

Article 44

Radio and television stations may broadcast audio products that have already been published 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.