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Copyright

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FAQ

1.What is "copyright"?

"Copyright" refers to the right that shall be enjoyed by the author, either natural or legal, in his/her/its literary works, oral works and other works produced due to his/her/its engagement in academic work, literary and artistic creation, translation, compilation, lecturing, and statement.

Works including as followings: (1) written works; (2) oral works; (3) musical, dramatic, quyi', choreographic and acrobatic works; (4) works of fine art and architecture; (5) photographic works; (6) cinematographic works and works created by virtue of an analogous method of film production; (7) drawings of engineering designs, and product designs; maps, sketches and other graphic works and model works; (8) computer software; (9) other works as provided for in laws and administrative regulations.

2.Can a foreigner entrust China's copyright collective management organizations to handle his copyright in China?

Any foreigner or stateless person may entrust China's copyright collective management organizations to handle his copyright or related rights in China through a foreign similar organization, which has signed mutual representative agreement with China's copyright collective management organizations.

The said mutual representative agreement refers to the agreement which defines that China's copyright collective management organizations and foreign similar organizations may authorize the other party to exert copyright collective management in its country or region. In addition, it shall be noted that the mutual representative agreement shall be filed to the copyright authority under the State Council for archives and the copyright authority under the State Council may publish it.

3.What are the requirements for foreigner's works to be protected by the Copyright Law of China?

Foreigners or stateless persons' works can be protected by the copyright law in China under the following conditions:

(1) Work of a foreigner or stateless person which is eligible to enjoy copyright under an agreement concluded between the country to which the foreigner belongs or in which he has habitual residence and China, or under an internationa1 treaty to which both countries are party, shall be protected in accordance with this Law.

(2) Works of foreigners or stateless persons first published in the territory of the People's Republic of China shall enjoy copyright in accordance with this Law.

(3) Any work of a foreigner who belongs to a country which has not concluded an agreement with China, or which is not a party to an international treaty with China or a stateless person first published in a country which is a party to an international treaty with China, or in such a member state or nonmember state, shall be protected in accordance with this Law.

4.How long is the duration of copyright protection?

According to Copyright Law of the People's Republic of China Article 20 and Article 21, the rights of authorship, alteration and integrity of an author shall be unlimited in time. Meanwhile the term of protection for the right of publication and the rights referred to in Article 10, paragraphs (5) to (17), of the above Law in respect of a work of a citizen shall be the lifetime of the author and fifty years after his death, and expires on 31 December of the fiftieth year after the death of the author. In the case of a work of joint authorship, such term shall expire on 31 December of the fiftieth year after the death of the last surviving author.