Chapter 106: Xiaowu Appointment
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Chapter V: Legal Responsibility and Law Enforcement Measures
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.
Chapter I: General Provisions
Article 1
This Law is enacted in accordance with the Constitution so as to protect the copyrights of authors of literary, artistic, and scientific works, as well as copyright-related rights and interests, to encourage the creation and dissemination of works that are beneficial to the building of socialist spiritual and material civilizations, and to promote the development and prosperity of socialist cultural and scientific undertakings.
Article 2
The works of Chinese citizens, legal persons or other organizations, regardless of whether they are published or not, enjoy copyright in accordance with this Law. The copyrights enjoyed by foreigners and stateless persons in accordance with the agreements signed between the country of their authors or the country of habitual residence and China or the international treaties to which they are parties are protected by this Law. Where the works of foreigners or stateless persons are first published within the territory of China, they enjoy copyright in accordance with this Law. Authors of countries that have not signed an agreement with China or who are jointly parties to international treaties, as well as works of stateless persons, are published for the first time in a member state of an international treaty to which China is a party, or where they are published simultaneously in a member state and a non-member state at the same time, are protected by this Law.
Article 3
"Works" as used in this Law includes literary, artistic, natural, social, engineering, and technological works created in the following forms: (1) written works, (2) oral works, (3) musical, dramatic, operatic, dance, or acrobatic works of art, (4) works of fine arts and architecture, (5) photographic works, (6) cinematographic works and works created by methods similar to filming, (7) engineering design drawings, product design drawings, maps, Graphic works such as schematic drawings and model works, (8) computer software, (9) other works provided for by laws and administrative regulations.