REGULATIONS FOR THE IMPLEMENTATION OF THE COPYRIGHT LAW OF THEPEOPLE'S REPUBLIC OF CHINA
REGULATIONS FOR THE IMPLEMENTATION OF THE COPYRIGHT LAW OF THEPEOPLE'S REPUBLIC OF CHINA
(Promulgated on May 30, 1991)
Whole Doc.
Chapter I General Provisions
Article 1
The present Regulations are formulated according to the Article 54 of
the Copyright Law of the People's Republic of China (hereinafter referred
to as the Copyright Law).
Article 2
The term "works" used in the Copyright Law refers to original
intellectual creations in the literary, artistic and scientific domain, in
so far as they are capable of being reproduced in a certain tangible form.
Article 3
The term "creation" mentioned in the Copyright Law refers to
intellectual activities from which literary, artistic and scientific works
are directly resulted.
The making of arrangement and the provision of consultation, material
means or supporting service, done for others in their creating activities,
shall not be deemed as acts of creating.
Article 4
These works mentioned in the Copyright Law and the present
Regulations mean the following:
(1) Written works are works expressed in writing, such as novels,
poems, essays and thesis;
(2) Oral works are works, such as unprepared speeches, lectures and
court debates, which are created in spoken words and have not been fixed
on any material carrier;
(3) Musical works are works, with or without accompanying words,
which can be sung or performed, such as symphony and songs;
(4) Dramatic works are works, such as dramas, operas and local art
forms, which are created for stage performance;
(5) Qu Yi works are works created mainly for being performed in a way
involving recitation, singing, or both, such as cross talk, clapper talk,
ballad singing and story telling;
(6) Choreographic works are works which are or can be expressed in
successive body movements, gestures and facial movements;
(7) Works of fine art are two-or three-dimensional works created in
lines, colours or other medium which, when being viewed, impart aesthetic
effect, such as paintings, works of calligraphy, sculptures and works of
architecture;
(8) Photographic works are the kind of artistic works created by
recording images on light-sensitive materials with the aid of devices;
(9) Cinematographic, television and videographic works are works
which, being recorded on some material, consist of a series of frames of
images, with or without accompanying sound, and can be projected with the
aid of devices suitable in relation to a specific works;
(10) Drawings of engineering designs and product designs and the
accompanying descriptions are drawings made for the purpose of actual
construction and manufacturing and descriptive works contained in the said
design drawings;
(11) Maps, diagrams and other graphic works refer to two-or
three-dimensional works showing geographical phenomenon and demonstrating
the fundamental or the structure of a thing or an object, such as
geographical maps, plan of electrical circuit or an anatomical drawings.
Article 5
The exploitation referred to in the present Law in relation to works
shall mean the doing of the following acts:
(1) Reproduction is the making of if one or more copies of a work by
means like printing, photocopying, copying by hand, rubbing,
audio-recording, video-recording, re- recording or photographing;
(2) Performance is the public presentation of a work through vocal
sound, facial movements and body movements, directly or with the aid of
technical devices;
(3) Broadcasting is the communication of works through wireless radio
waves and cable television system;
(4) Exhibition is the public display of works of fine art and
photography, whether their original copies or reproductions;
(5) Distribution is the provision of copies of a work to the public
by means such as sale and rental, in so far as the number of copies
satisfy the reasonable need of the public;
(6) Publication is the public distribution of copies of the edited
version of a work;
(7) Making of cinematographic, television and video works means the
fixation for the first time of a work on some materials by means of
cinematographic production or analogous process. This subsection shall not
apply to the mere mechanical recording of performance or scenes or
material objects;
(8) Adaptation is the creation of new original works on the basis of
pre-existing ones by changing their original form of expression or the
purposes they are originally designed to serve;
(9) Translation is the conversion of the language of a work into
another langu age;
(10) A notation is the explanation of characters, words and sentences
used ina
literary work;
(11) Compilation is the creation of a work by assembling a number of
selected pre-existing works, in whole or in parts, according to an
arrangement designed for a specific purpose;
(12) Sorting-out is the rearrangement of pre-existing works or
materials by changing their former state of being fragmented and
poorly-ordered into a one of being systematic and orderly, such as the
glossing and repairing of ancient classics.
Article 6
As used in the Law, the terms listed below shall mean the following:
(1) News of current events refers to the mere report of facts or
happenings conveyed by newspapers, periodicals and radio and television
stations;
(2) Sound recordings refers to the original recordation of any
sounds;
(3) Video recordings refers to the original recordation of a series
of related images, with or without accompanying sounds, other than
cinematographic and television and videographic works;
(4) Radio and television broadcasts refer to the programme
communicated by radio or television station by means of diffusing signals
carrying sound or images or both;
(5) Producer of sound recordings refers to a person who makes sound
recordings ;
(6) Producer of video recordings refers to a person who makes video
recordings;
(7) Performer refers to persons who perform literary and artistic
works professionally or not professionally.
Chapter II Copyright Administrative Authorities
Article 7
The national Copyright Administration, being an administrative department
for copyright matters under the State Council, is responsible for the
nation-wide work of administration of copyright by mainly carrying out the
following functions:
(1) To implement copyright-related laws and regulations and to
promulgate rules in relation to copyright administration;
(2) To investigate and redress cases of infringement of copyright
that are of nation-wide influence;
(3) To approve the formation of and to supervise the operation of
collective administration of copyright, copyright agent business dealing
with cross-border transactions and arbitrations scheme for disputes arose
in relation to copyright contracts;
(4) To undertake administration as far as external copyright relation
is conce rned;
(5) To administer copyright of which the State is the owner;
(6) To provide guidance for local copyright authorities with their
performance
of administrative functions;
(7) To carry out other duties assigned by the State Council in
relation to copyright administration.
Article 8
The copyright department under the local governments are responsible
for copyright administration within their respective jurisdiction, whose
duties shall be determined by the government of each of the provinces,
autonomous regions and municipalities directly under the central
government.
Chapter III Ownership and Exercise of Copyright
Section 1. Ownership of Copyright
Article 9
Unless the Law provided otherwise, copyright shall belong to citizens
who have created works and the legal and non-legal entities who are deemed
authors by virtue of the Law.
The conditions laid down by the General Principles of the Civil Law
of the People's Republic of China must be satisfied to be a legal entity.
Social institutions and economic organizations, by not being able to meet
the conditions to be legal entities, and the relatively independent
departments forming a legal entity are non-legal entities for the purpose
of the Law.
Article 10
Persons who have glossed or sorted-out pre-existing works shall enjoy
the copyright in the works thus created, in so far as they are not
entitled to copyright in the works they used and do not have the right to
prohibit the glossing or sorting-out done by other person in relation to
the same pre-existing work.
Article 11
Where joint authors failed to reach an agreement on the exercise of
copyright in a work of joint authorship which can not be used piecemeal,
any party may not unreasonably prohibit the exercise by others of the said
copyright.
Article 12
In the case of works of compilation, being in the form of
encyclopaedias, dictionaries, text books or photo books of large size, as
the case may be, copyright in the work as a whole shall belong to legal
entities or non-legal entities who have arranged manpower or provided
financial aid and material means for their creation and bear the
responsibility in relation to the said work.
Article 13
Permission to make necessary alteration shall be implied where the
copyright owner has authorized the making cinematographic, television or
videographic work based on his or her work, in so far as such alteration
does not distort or mutilate the original work.
Article 14
Where copyright in a work created within the fulfillment of duties
belongs to the author, the author may ask his institution to permit a
third party to use the work in the same manner as the institution might
have done. if the institution does not use the work in the course of its
business within 2 years after the creation of the work.
Within 2 years after the creation of the work, the author may, with
the permission of the institution, permit a third party to use the work in
the manner as the institution may have done. Remunerations thus obtained
shall be divided between them according to agreed proportion.
Even after the expiry of the said 2 years, the institution may
continue with use of the work in the course of its business.
The aforementioned 2 years period after the creation of the work
shall be calculated from the date on which the work concerned is submitted
to the institution.
Article 15
Material and technical conditions mentioned in paragraph 2 of Article
16 (1) of the Law shall mean fund, equipments or materials provided
expressly for the creation of a work.
Article 16
In the case of a work of unknown author, the copyright, except the
right of indication of authorship, shall be exercised by the lawful holder
of the original copy of the work. With the restoration of authorship, the
copyright shall be exercised by the author or his heir in title.
Article 17
Article 18 of the Law, which says that transfer of ownership of the
original copy of a work of fine art shall not be deemed as transfer of
copyright in the work, is applicable to all works the ownership of
original copy of which can be transferred.
Section 2. Inheritance of Copyright
Article 18
Inheritance of economic rights contained in copyright shall be executed in
accordance with the Law of Inheritance.
Article 19
In the case where one of the co-authors of a work of joint authorship
dies without having heir in title or other beneficiary, the economic
rights he enjoyed in relation to his contribution to the work shall be
exercised by the other co-authors.
Article 20
Right of indication of authorship, right of revision and right of
integrity contained in copyright shall, after the death of the author, be
protected by the heir in title and other person to whom the economic
rights are granted.
In the absence of heir in title or other beneficiary, right of
indication of authorship, right of revision and right of integrity
contained in copyright shall be protected by the copyright administrative
authority.
Article 21
Copyright enjoyed by the State shall be enforced by the copyright
administrative authority on behalf of the State.
Article 22
In the case of posthumous works, the right of disclosure may be
exercised by the author's heir in title or other beneficiary for a period
of 50 years, unless a prior statement by the author says expressly to the
contrary. In the absence of heir in title or other beneficiary, the said
right shall be exercised by the lawful holder of the original copy of the
work.
Section 3. Coming into existence of copyright and Calculation of the of Protection
Article 23
Copyright protected under this Law shall emerge on the date when a
work is created.
Article 24
In the case of a work of unknown author, the term of protection in
relation to economic rights shall be 50 years ending on December 31 of the
fiftieth year after the first publication of the work. Article 21 of the
Law shall be applicable after authorship of the work becomes ascertained.
Article 25
In the case of works by foreign authors that have first published in
China, the term of protection shall be calculated from the date of first
publication of the work.
The first publication in China mentioned in the paragraph 2 of
Article 2 of the Law in relation to works of foreigners refer to the
situation where unpublished works of foreigners have been published for
the first time in China by lawful means.
Works of foreigners first published outside China shall be deemed
first published in China if it is published in China within 30 days after
its first publication.
Unpublished works of foreigners shall also be deemed first published
in China if their authorized adaptations or translations are first
published in China.
Section 4. Limitations on Rights
Article 26
As used in the Law, a published work refers to a work which has been
made known to the public by means stipulated in the Law.
Article 27
The following conditions have to be satisfied for an act to be deemed
appropriate quotation of published works by act to be deemed appropriate
quotation of published works by others mentioned in Article 22 (2) of the
Law:
(1) The quotation is made solely for the purpose of introducing or
reviewing the source works or making clear a point;
(2) What has been quoted does not form a major or substantial part of
the work of the quoter;
(3) The interests of the copyright owner of the work being quoted
shall not be prejudiced.
Article 28
Article 22 (3) of the Law refers to unavoidable inclusion of
published works as is justified by the purpose of reporting current
events.
Article 29
Making use of published works of other persons by virtue of Article
22 (6) and (7) shall not harm the normal exploitation of the works
concerned and shall not unreasonably prejudice the legitimate interests of
the copyright owners.
Article 30
In the case of performance of published works as is permitted by
Article 22 (9) of the Law, no fees shall be charged on viewing or hearing
audience and no remuneration shall be paid to the performers.
Article 31
Article 22 (11) of the Law shall be applicable only to works
originally created in Chinese.
Chapter IV Copyright Licencing Contracts
Article 32
It is a requirement that contracts with copyright owners and licence
obtained for using their works be made in writing, except the cases where
works are to be published by newspaper and periodicals.
Article 33
In default of a clear indication in a contract in relation to the
grant of exclusive right to use, only non-exclusive right to use by the
licensee shall be implied, unless the Law stipulated otherwise.
Article 34
The provision of standard forms of various copyright licencing
contracts shall be the responsibility of the National Copyright
Administration.
Article 35
The person who has obtained exclusive right in relation to the use in
a certain way of a work shall have the right to prevent any other person
including the copyright owner as licensor from using the work in the same
way. However, the sublicencing of the same right to a third party shall be
subject to permission by the copyright owner, unless the contracting
parties agreed otherwise.
Chapter V Exercise of and Limitations on Rights Related to Copy- right
Article 36
As is used in the Law and the Regulation, rights related to copyright
mean the right enjoyed by publishers in their publications, the right
enjoying by performers in their performances, the right enjoyed by
producers of audio and video recordings in their products and the right
enjoyed by radio and television stations in their broadcasts.
Article 37
Publishers, performers, producers of audio and video recordings and
radio and television stations, in the course of exercising their rights,
shall not prejudice copyrights their owners enjoyed in the works being
used.
Article 38
Publishers shall enjoy exclusive right of exploitation in
typographical design of the books, newspapers and periodicals they have
published.
Article 39
By virtue of Article 30 of the Law, legal protection shall be
available for the exclusive right a publisher obtained to publish, within
the term of validity of and the territory of execution defined by the
contract, a work in its original language and in the form of original
edition, revised version or condensed version.
Article 40
In the case where manuscripts was submitted to a publisher on the
author's own initiative, the publisher shall, within 6 months, notify the
author whether he will publish the work or not. In the case of acceptance,
a contract shall be made; in the case of refusal, notification shall be
sent to the author in a timely manner. In the case where no notification
is served and no contract is made, the author may, upon expiry of the said
6 months, demand that the manuscripts be returned and economic
compensation be made. The said 6 months shall be calculated from the date
of receipt by the publisher of the manuscripts.
Article 41
Articles 29, 30, 31 and 33 of the Law shall not be applicable to the
case where the cost of publication of a work is born by the author.
Article 42
The state of being out of print in relation to a work mentioned in
Article 31 of the Law shall be established if a period of 6 months after
two subscription forms were mailed by the author to the publisher expires
without action being taken to satisfy the subscription.
Article 43
To object to the reprinting of his or her work in whole or in part by
virtue of paragraph 2 of Article 32 of the Law, the copyright owner is
required to make a statement to that effect at the same time when the work
is first published in a newspaper or a periodical.
Article 44
No time limit shall be set on the term of protection in relation to
the rights provided for in Article 36 (1) and (2) of the Law.
In the case of the term of protection in relation to the right of
remuneration the performers enjoyed by virtue of paragraph 2 of Article 39
and paragraph 3 of Article 42 of the Law, paragraph 1 of Article 39 and
paragraph 2 of Article 42 of the Law shall apply.
Article 45
With reference to Article 35 of the Law, payment of remuneration by
performers to copyright owner shall be done through the person who has
organized the performance in question.
Article 46
Performance by foreign performers taking place in China shall be
protected by the Law.
Article 47
Audio and video recordings produced and distributed in China by
foreign producers shall be protected by the Law.
Article 48
To object to the performance, recording or making broadcasts of his
or her work by virtue of paragraph 2 of Article 35, paragraph 1 of Article
37 and paragraph 2 of Article 40 of the Law, the copyright owner is
required to make a statement to that effect at the same time when his or
her work is published, or have the statement carried in copyright bulletin
issued by the National Copyright Administration.
Article 49
To use published works of other persons by virtue of paragraph 2 of
Article 32, paragraph 2 of Article 35, paragraph 1 of Article 37 and
paragraph 2 of Article 40 of the Law, the user is required to pay
remuneration to the copyright owner. In the case where the copyright
owner is not identifiable or the address of the copyright owner is not
available, the remuneration payable shall be remitted to the body
designated by the National Copyright Administration for further transfer
to the due copyright owner within 1 month.
Chapter VI Administrative Sanctions
Article 50
Infringements against copyright enumerated in Article 46 of the Law
shall be liable to the administrative sanctions to be imposed by copyright
administrative authority in the form of public warning, injunction in
relation to the production and distribution of infringing copies,
confiscation of unlawful gains and seizure of infringing copies and
equipments used for making infringing copies, as well as fine.
Article 51
The amount of the fine to be imposed for infringements against
copyright enumerated in Article 46 of the Law shall be the following,
depending on situation of each of the cases:
(1) Infringing act given by Article 46 (1) of the Law shall be liable
to a fine of from 100 to 5000 yuan in CNY;
(2) Infringing acts given by Article 46 (2), (3), (4), (5), and (6)
of the Law shall be liable to a fine of 10000 to 100000 yuan in CNY, or an
amount of 2 to 5 times as much as the entire price of the infringing
copies;
(3) Infringing act given by Article 46 (7) of the Law shall be liable
to a fine of from 1000 to 50000 yuan in CNY
Article 52
Copyright administrative authorities under the local governments
shall be empowered to redress the infringements against copyright
enumerated in Article 46 of the Law.
The National Copyright Administration shall investigate and redress
the following infringements against copyright:
(1) Infringements against copyright that are of nationwide influence;
(2) Infringements against copyright where a foreign party is
involved;
(3) Infringements against copyright that should be redressed by the
National Copyright Administration, as the Administration might think.
Article 53
In exercising its right of imposing administrative sanctions,
copyright administrative authority may order the infringer to compensate
the loss the infringed party suffered.
Chapter VII Supplementary Provisions
Article 54
Copyright owners may exercise their copyrights by way of collective
administration.
Article 55
The interpretation of this Regulation shall be the responsibility of
the National Copyright Administration.
Article 56
This Implementing Regulation shall enter in force on June 1, 1991.
Article 21
Copyright enjoyed by the State shall be enforced by the copyright
administrative authority on behalf of the State.
Article 22
In the case of posthumous works, the right of disclosure may be
exercised by the author's heir in title or other beneficiary for a period
of 50 years, unless a prior statement by the author says expressly to the
contrary. In the absence of heir in title or other beneficiary, the said
right shall be exercised by the lawful holder of the original copy of the
work.
Section 3. Coming into existence of copyright and Calculation of the of Protection
Article 23
Copyright protected under this Law shall emerge on the date when a
work is created.
Article 24
In the case of a work of unknown author, the term of protection in
relation to economic rights shall be 50 years ending on December 31 of the
fiftieth year after the first publication of the work. Article 21 of the
Law shall be applicable after authorship of the work becomes ascertained.
Article 25
In the case of works by foreign authors that have first published in
China, the term of protection shall be calculated from the date of first
publication of the work.
The first publication in China mentioned in the paragraph 2 of
Article 2 of the Law in relation to works of foreigners refer to the
situation where unpublished works of foreigners have been published for
the first time in China by lawful means.
Works of foreigners first published outside China shall be deemed
first published in China if it is published in China within 30 days after
its first publication.
Unpublished works of foreigners shall also be deemed first published
in China if their authorized adaptations or translations are first
published in China.
Section 4. Limitations on Rights
Article 26
As used in the Law, a published work refers to a work which has been
made known to the public by means stipulated in the Law.
Article 27
The following conditions have to be satisfied for an act to be deemed
appropriate quotation of published works by act to be deemed appropriate
quotation of published works by others mentioned in Article 22 (2) of the
Law:
(1) The quotation is made solely for the purpose of introducing or
reviewing the source works or making clear a point;
(2) What has been quoted does not form a major or substantial part of
the work of the quoter;
(3) The interests of the copyright owner of the work being quoted
shall not be prejudiced.
Article 28
Article 22 (3) of the Law refers to unavoidable inclusion of
published works as is justified by the purpose of reporting current
events.
Article 29
Making use of published works of other persons by virtue of Article
22 (6) and (7) shall not harm the normal exploitation of the works
concerned and shall not unreasonably prejudice the legitimate interests of
the copyright owners.
Article 30
In the case of performance of published works as is permitted by
Article 22 (9) of the Law, no fees shall be charged on viewing or hearing
audience and no remuneration shall be paid to the performers.
Article 31
Article 22 (11) of the Law shall be applicable only to works
originally created in Chinese.
Chapter IV Copyright Licencing Contracts
Article 32
It is a requirement that contracts with copyright owners and licence
obtained for using their works be made in writing, except the cases where
works are to be published by newspaper and periodicals.
Article 33
In default of a clear indication in a contract in relation to the
grant of exclusive right to use, only non-exclusive right to use by the
licensee shall be implied, unless the Law stipulated otherwise.
Article 34
The provision of standard forms of various copyright licencing
contracts shall be the responsibility of the National Copyright
Administration.
Article 35
The person who has obtained exclusive right in relation to the use in
a certain way of a work shall have the right to prevent any other person
including the copyright owner as licensor from using the work in the same
way. However, the sublicencing of the same right to a third party shall be
subject to permission by the copyright owner, unless the contracting
parties agreed otherwise.
Chapter V Exercise of and Limitations on Rights Related to Copy- right
Article 36
As is used in the Law and the Regulation, rights related to copyright
mean the right enjoyed by publishers in their publications, the right
enjoying by performers in their performances, the right enjoyed by
producers of audio and video recordings in their products and the right
enjoyed by radio and television stations in their broadcasts.
Article 37
Publishers, performers, producers of audio and video recordings and
radio and television stations, in the course of exercising their rights,
shall not prejudice copyrights their owners enjoyed in the works being
used.
Article 38
Publishers shall enjoy exclusive right of exploitation in
typographical design of the books, newspapers and periodicals they have
published.
Article 39
By virtue of Article 30 of the Law, legal protection shall be
available for the exclusive right a publisher obtained to publish, within
the term of validity of and the territory of execution defined by the
contract, a work in its original language and in the form of original
edition, revised version or condensed version.
Article 40
In the case where manuscripts was submitted to a publisher on the
author's own initiative, the publisher shall, within 6 months, notify the
author whether he will publish the work or not. In the case of acceptance,
a contract shall be made; in the case of refusal, notification shall be
sent to the author in a timely manner. In the case where no notification
is served and no contract is made, the author may, upon expiry of the said
6 months, demand that the manuscripts be returned and economic
compensation be made. The said 6 months shall be calculated from the date
of receipt by the publisher of the manuscripts.
Article 41
Articles 29, 30, 31 and 33 of the Law shall not be applicable to the
case where the cost of publication of a work is born by the author.
Article 42
The state of being out of print in relation to a work mentioned in
Article 31 of the Law shall be established if a period of 6 months after
two subscription forms were mailed by the author to the publisher expires
without action being taken to satisfy the subscription.
Article 43
To object to the reprinting of his or her work in whole or in part by
virtue of paragraph 2 of Article 32 of the Law, the copyright owner is
required to make a statement to that effect at the same time when the work
is first published in a newspaper or a periodical.
Article 44
No time limit shall be set on the term of protection in relation to
the rights provided for in Article 36 (1) and (2) of the Law.
In the case of the term of protection in relation to the right of
remuneration the performers enjoyed by virtue of paragraph 2 of Article 39
and paragraph 3 of Article 42 of the Law, paragraph 1 of Article 39 and
paragraph 2 of Article 42 of the Law shall apply.
Article 45
With reference to Article 35 of the Law, payment of remuneration by
performers to copyright owner shall be done through the person who has
organized the performance in question.
Article 46
Performance by foreign performers taking place in China shall be
protected by the Law.
Article 47
Audio and video recordings produced and distributed in China by
foreign producers shall be protected by the Law.
Article 48
To object to the performance, recording or making broadcasts of his
or her work by virtue of paragraph 2 of Article 35, paragraph 1 of Article
37 and paragraph 2 of Article 40 of the Law, the copyright owner is
required to make a statement to that effect at the same time when his or
her work is published, or have the statement carried in copyright bulletin
issued by the National Copyright Administration.
Article 49
To use published works of other persons by virtue of paragraph 2 of
Article 32, paragraph 2 of Article 35, paragraph 1 of Article 37 and
paragraph 2 of Article 40 of the Law, the user is required to pay
remuneration to the copyright owner. In the case where the copyright
owner is not identifiable or the address of the copyright owner is not
available, the remuneration payable shall be remitted to the body
designated by the National Copyright Administration for further transfer
to the due copyright owner within 1 month.
Chapter VI Administrative Sanctions
Article 50
Infringements against copyright enumerated in Article 46 of the Law
shall be liable to the administrative sanctions to be imposed by copyright
administrative authority in the form of public warning, injunction in
relation to the production and distribution of infringing copies,
confiscation of unlawful gains and seizure of infringing copies and
equipments used for making infringing copies, as well as fine.
Article 51
The amount of the fine to be imposed for infringements against
copyright enumerated in Article 46 of the Law shall be the following,
depending on situation of each of the cases:
(1) Infringing act given by Article 46 (1) of the Law shall be liable
to a fine of from 100 to 5000 yuan in CNY;
(2) Infringing acts given by Article 46 (2), (3), (4), (5), and (6)
of the Law shall be liable to a fine of 10000 to 100000 yuan in CNY, or an
amount of 2 to 5 times as much as the entire price of the infringing
copies;
(3) Infringing act given by Article 46 (7) of the Law shall be liable
to a fine of from 1000 to 50000 yuan in CNY
Article 52
Copyright administrative authorities under the local governments
shall be empowered to redress the infringements against copyright
enumerated in Article 46 of the Law.
The National Copyright Administration shall investigate and redress
the following infringements against copyright:
(1) Infringements against copyright that are of nationwide influence;
(2) Infringements against copyright where a foreign party is
involved;
(3) Infringements against copyright that should be redressed by the
National Copyright Administration, as the Administration might think.
Article 53
In exercising its right of imposing administrative sanctions,
copyright administrative authority may order the infringer to compensate
the loss the infringed party suffered.
Chapter VII Supplementary Provisions
Article 54
Copyright owners may exercise their copyrights by way of collective
administration.
Article 55
The interpretation of this Regulation shall be the responsibility of
the National Copyright Administration.
Article 56
This Implementing Regulation shall enter in force on June 1, 1991.
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