Chapter 113: Cause and Reason
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Article 29
Publishers, performers, producers of audio and video recordings, radio stations, television stations, and so forth, must not infringe upon the author's right of authorship, right to modify, right to protect the integrity of the work, and right to receive remuneration in accordance with the relevant provisions of this Law.
Chapter 4 Publishing, Performance, Audio and Video Recording, and Playback
Article 30
Book publishers shall conclude a publishing contract with the copyright owner and pay remuneration for the publication of books.
Article 31
The exclusive right of publication enjoyed by a book publisher for the work delivered for publication by the copyright owner in accordance with the contract is protected by law, and others may not publish the work.
Article 32
The copyright owner shall deliver the work within the time limit agreed in the contract. Book publishers shall publish books in accordance with the publication quality and time limit agreed upon in the contract. Book publishers who do not publish within the time limit agreed upon in the contract shall bear civil liability in accordance with the provisions of article 54 of this Law. Where book publishers reprint or reprint works, they shall notify the copyright owner and pay remuneration. If the book publisher refuses to reprint or reprint the book after the book is out of stock, the copyright owner has the right to terminate the contract.
Article 33
Where a copyright owner submits a manuscript to a newspaper or periodical publisher and does not receive a notice from the newspaper within 15 days from the date of publication of the manuscript, or does not receive a notice from the journal publisher to decide to publish the manuscript within 30 days from the date of issuance of the manuscript, the same work may be submitted to other newspapers or periodicals. Unless otherwise agreed by both parties. After the work is published, other newspapers and periodicals may reprint it or publish it as abstracts or materials, except where the copyright owner states that it must not be reprinted or excerpted, but remuneration shall be paid to the copyright owner in accordance with regulations.
Article 34
Book publishers may, with the author's permission, modify or abridge their works. Newspapers and periodicals may make textual changes or abridgements to their works. Modifications to the content shall be subject to the author's permission.
Article 35
Where a work resulting from the publication of an adaptation, translation, annotation, arrangement, or compilation of an existing work is published, permission shall be obtained from the copyright owner of the adaptation, translation, annotation, arrangement, or compilation of the work and the copyright owner of the original work, and remuneration shall be paid.
Article 36
Publishers have the right to permit or prohibit others from using the layout design of the books and periodicals they publish. The term of protection of the rights provided for in the preceding paragraph is 10 years, ending on December 31 of the 10th year after the first publication of books and periodicals designed in this format.
Article 37
For the use of other people's works for performances, performers (actors, performance units) shall obtain permission from the copyright owner and pay remuneration. If the performance organizer organizes the performance, the organizer obtains permission from the copyright owner and pays remuneration. The use of works resulting from the adaptation, translation, annotation, or arrangement of existing works for performance 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 remuneration shall be paid.
Article 38
Performers have the following rights to their performances: (1) to identify themselves as performers, (2) to protect the image of the performance from distortion, (3) to permit others to transmit their live performances live and publicly and receive remuneration, (4) to permit others to make audio or video recordings and receive remuneration, (5) to permit others to reproduce, distribute and receive remuneration for the reproduction and distribution of audio or video recordings of their performances, and (6) to permit others to disseminate their performances to the public through information networks and to receive remuneration. The licensee shall also obtain permission from the copyright owner and pay remuneration for the use of the work in the manner provided for in items (3) to (6) of the preceding paragraph.
Article 39
The term of protection of the rights provided for in subparagraphs (1) and (2) of the first paragraph of Article 38 of this Law is not restricted. The term of protection of the rights provided for in Article 38, paragraph 1 (3) to (6) of this Law shall be 50 years, ending on December 31, 50 years after the performance took place.
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.
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.