Chapter 99: Punishment and Redemption

Article 17

The ownership of the copyright of the commissioned work shall be agreed upon by the client and the trustee through a contract. If the contract does not expressly stipulate or no contract is concluded, the copyright belongs to the trustee.

Article 18

The transfer of the ownership of the original works of art and other works shall not be regarded as the transfer of the copyright of the works, but the right to exhibit the original works of art shall be enjoyed by the owners of the originals.

Article 19

Where the copyright belongs to a citizen, after the death of the citizen, the rights provided for in subparagraphs (5) to (17) of the first paragraph of Article 10 of this Law shall be transferred in accordance with the provisions of the Inheritance Law during the protection period provided for in this Law. Where copyright belongs to a legal person or other organization, and after the legal person or other organization is changed or terminated, the rights provided for in items (5) to (17) of the first paragraph of Article 10 of this Law shall be enjoyed by the legal person or other organization that has inherited its rights and obligations during the period of protection provided for in this Law;

Article 20

There is no limit to the term of protection of the author's right of authorship, the right of modification, and the right to protect the integrity of the work.

Article 21

The term of protection of the right of publication and the rights provided for in subparagraphs (5) to (17) of paragraph 1 of Article 10 of this Law shall be the life of the author and 50 years after his death, ending on December 31 of the fiftieth year after the death of the author or, in the case of collaborative works, on December 31 of the fiftieth year after the death of the author who died last. The term of protection for the right of publication and the rights provided for in items (5) to (17) of the first paragraph of Article 10 of this Law shall be 50 years, ending on December 31 of the 50th year after the first publication of the work, provided that the work has not been published within 50 years after the completion of the creation, this Law shall no longer protect the works that have not been published within 50 years after the completion of the creation. The term of protection for the right of publication and the rights provided for in subparagraphs (5) to (17) of paragraph 1 of Article 10 of this Law is 50 years, ending on December 31 of the 50th year after the first publication of the work, but where the work has not been published within 50 years after the completion of the creation, this Law shall no longer protect it.

Article 22

The use of a work may be made without the permission of the copyright owner and without payment of remuneration to the copyright owner under the following circumstances, provided that the name of the author and the title of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed: (1) the use of the published works of others for personal study, research or appreciation; (2) the appropriate quotation of the published works of others in the work for the purpose of introducing or commenting on a work or illustrating a certain issue; (3) for the purpose of reporting current affairs and news, in newspapers, periodicals, radio stations, Television stations and other media inevitably reproduce or quote works that have already been published; (4) Newspapers, periodicals, radio stations, television stations, and other media publish or broadcast articles on current affairs on political, economic, or religious issues that have already been published by other newspapers, periodicals, radio stations, television stations, and other media, except where the author declares that they are not allowed to publish or broadcast them; (5) Newspapers, periodicals, radio stations, television stations, and other media publish or broadcast speeches delivered at public gatherings, but the author declares that they are not allowed to publish or broadcast them. (6) Translation or small reproduction of published works for the purpose of classroom teaching or scientific research in schools, for the use of teaching or scientific research personnel, but must not be published or distributed; (7) State organs use published works within a reasonable scope for the performance of official duties; (8) Libraries, archives, memorial halls, museums, Art museums and the like reproduce works in their collections for the purpose of displaying or preserving editions; (9) performing published works free of charge, without charging fees to the public or paying remuneration to performers; (10) copying, painting, photographing, or videotaping works of art set up or displayed in outdoor public places; (11) transferring Chinese citizens, (12) Changing published works already published by legal persons or other organizations in the Chinese language into works created in the Chinese language into minority languages for publication and distribution in China; The provisions of the preceding paragraph apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations, and television stations.

Article 23

Textbooks compiled and published for the purpose of implementing nine-year compulsory education and national education plans may, without the permission of the copyright owner, compile fragments of published works or short literary works, musical works, or single works of art or photography in the textbooks, unless the author has previously stated that they are not allowed to use them, provided that remuneration shall be paid in accordance with provisions, indicating the name of the author and the title of the work, and shall not infringe on other rights enjoyed by the copyright owner in accordance with this Law. The provisions of the preceding paragraph apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations, and television stations.

Chapter III: Copyright Licensing and Transfer Contracts

Article 24

The use of another person's work shall conclude a license contract with the copyright owner, except where this Law provides that it may be used without permission. The license contract includes the following main contents: (1) the type of right to be licensed, (2) whether the right to use is exclusive or non-exclusive, (3) the geographical scope and duration of the license, (4) the standard and method of payment, (5) the liability for breach of contract, and (6) other contents that the parties deem necessary to agree.

Article 25

A written contract shall be concluded for the transfer of the rights provided for in subparagraphs (5) to (17) of paragraph 1 of Article 10 of this Law. The contract for the transfer of rights includes the following main contents: (1) the title of the work, (2) the type and geographical scope of the rights transferred, (3) the transfer price, (4) the date and manner of delivery of the transfer price, (5) the liability for breach of contract, and (6) other contents that the parties deem necessary to agree.

Article 26

Where copyright is pledged, the pledgor and the pledgee shall register the pledge with the administrative copyright department of the State Council.

Article 27

The rights not expressly permitted or transferred by the copyright owner in the license contract or transfer contract shall not be exercised by the other party without the consent of the copyright owner.

Article 28

The standards for remuneration for the use of works may be agreed upon by the parties, and remuneration may also be paid in accordance with the standards for remuneration formulated by the State Council's administrative department for copyright administration in conjunction with relevant departments. Where the parties' agreement is not clear, remuneration is to be paid in accordance with the remuneration standards formulated by the State Council's administrative copyright management department in conjunction with relevant departments.

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

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