Chapter 37: Meritorious Service for Guilt
Article 40
Producers of audio or video recordings using the works of others to produce audio or video recordings shall obtain permission from the copyright owner and pay remuneration. Producers of audio or video recordings using works produced by adapting, translating, annotating, or arranging existing works shall obtain permission from the copyright owner of the adaptation, translation, annotation, or arrangement of the work and the copyright owner of the original work, and pay remuneration. Producers of sound recordings may make sound recordings using musical works that have been lawfully recorded as sound recordings by others, without the permission of the copyright owner, but shall pay remuneration in accordance with provisions;
Article 41
Producers of audio or video recordings shall conclude a contract with the performers and pay remuneration when producing audio or video recordings.
Article 42
Producers of audio and video recordings have the right to permit others to reproduce, distribute, rent, disseminate to the public through information networks and receive remuneration for the audio and video recordings they produce, and the term of protection of the rights is 50 years, ending on December 31, the fiftieth year after the completion of the first production of the product. Licensees who reproduce, distribute, or disseminate audio or video recordings to the public through information networks shall also obtain permission from the copyright owner and performer, and pay remuneration.
Article 43
Radio and television stations broadcasting the unpublished works of others shall obtain permission from the copyright owner and pay remuneration. Radio and television stations broadcasting the published works of others may do so without the permission of the copyright owner, but shall pay remuneration.
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.
Article 45
Radio and television stations have the right to prohibit the following acts without their permission: (1) broadcasting or television broadcasting, (2) recording radio or television broadcasting on audio-visual media and reproducing audio-visual media. The term of protection of the rights provided for in the preceding paragraph shall be 50 years, ending on December 31, 50 years 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 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.