Law & Legal & Attorney Copyrights

Chinese Copyright and Pirating Laws

    • China's copyright law was passed on September 7, 1990. It protects a creator's rights to control his original works. Pirating is a violation in which people illegally copy and distribute copyrighted works without the copyright owner's permission. China's piracy laws are not as strict as other countries, but the Motion Picture Association of America (MPAA) has been working with the Chinese government to create harsher penalties.

    Copyrightable Works

    • Article 3 of China's copyright law outlines the types of works that can be copyrighted. Works must be original and can be expressed in writing, music, photography, art, cinema and architecture. Engineering and computer software are also covered by the copyright law.

    Ownership

    • Copyright ownership is set forth in Article 11. Generally, the creator or author owns the copyright. However, if a work was created in connection with a person's employment, his employer can claim ownership. Additionally, a "work for hire," such as a commissioned painting, is owned by the person who commissioned the work, not the artist.

    Rights

    • A copyright owner's rights are defined in Article 10. If a work is copyrighted, the owner has the exclusive right to control the work. She is the only person authorized to alter the work, including the creation of adaptations, translations and derivatives (such as creating a movie based on a book). Additionally, the work cannot be displayed, performed, reproduced or distributed without the copyright owner's permission.

    Pirating

    • When a person infringes on a copyright by creating and selling pirated or unauthorized copies of a protected work, the copyright owner may be entitled to damages. The Internet has increased the instances of piracy because infringers can now create digital copies of copyrighted works available for millions to download instantly.

    Penalties

    • When a person is found liable for piracy copyright infringement in a civil court in China, he is subject to several penalties. First, Article 47 authorizes the court to confiscate and destroy any remaining pirated copies of the work. The court can also seize any money the person earned because of the infringement. Article 48 states that if the copyright owner suffered monetary injury because of the pirating, the infringer is responsible for any damages owed. If the damages cannot be measured, the amount paid will equal any money the infringer earned because of his infringement. If that amount is also undetermined, the court can award up to RMB 500,000 yuan ($75,000 U.S. dollars as of 2006). Because of the rise in Internet piracy, the Extension of Copyright Protection instituted penalties of RMB 100,000 yuan ($12,500 U.S. dollars) to any person who illegally uploads or downloads a copyrighted work. The person's computer will also be confiscated.

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