Copyright Law of the People's Republic of China
Author:sipoIssuing Date:2008-01-24 13:32:01Source:sipo
Article 31 The copyright owner shall deliver the work within the term specified in the contract. The book publisher shall publish the work in accordance with the quality requirements and within the term specified in the contract.
The book publisher shall bear the civil liability specified in Article 53 of this Law if he fails to publish the work within the term specified in the contract.
The book publisher shall notify, and pay remuneration to, the copyright owner when the work is to be reprinted or republished. If the publisher refuses to reprint or republish the work when stocks of the book are exhausted, the copyright owner shall have the right to terminate the contrast.
Article 32 Where a copyright owner has submitted the manuscript of his work to a newspaper or a periodical publisher for publication and has not received, within 15 days from the newspaper publisher or within 30 days from the periodical publisher, counted from the date of submission of the manuscript, any notification of the said publisher's decision to publish the work, the copyright owner may submit the manuscript of the same work to another newspaper or periodical publisher for publication, unless the two parties have agreed otherwise.
Except where the copyright owner has declared that reprinting or excerpting is not permitted, other newspaper or periodical publishers may, after the publication of the work by a newspaper or periodical, reprint the work or print an abstract of it or print it as reference material, but such other publishers shall pay remuneration to the copyright owner as prescribed in regulations.
Article 33 A book publisher may alter or abridge a work with the permission of the copyright owner.
A newspaper or periodical publisher may make editorial modifications and abridgements in a work, but shall not make modifications in the contents of the work unless permission has been obtained from the author.
Article 34 When publishing works created by adaptation, translation, annotation, arrangement or compilation of preexisting works, the publisher shall both have the permission from, and pay remuneration to, the owners of the copyright in the works created by means of adaptation, translation, annotation, arrangement or compilation and the owners of the copyright in the original works.
Article 35 A publisher has the right to license or prohibit any other person to use the typographical arrangement of books or periodicals he has published.
The term of protection for the right provided for in the preceding paragraph shall be ten years, and expires on 3l December of the tenth year after the first publication of the books or periodicals using the typographical arrangement.
Section 2 Performance
Article 36 A performer (an individual performer or a performing entity) who for a performance exploits a work created by another person shall obtain permission from, and pay remuneration to, the copyright owner. Where a performing organizer organizes a performance, the Organizer shall obtain permission from, and pay remuneration to, the copyright owner.
When exploiting, for performance, works created by adaptation, translation, annotation, arrangement or compilation of preexisting works, the performer shall both have the permission from, and pay remuneration to, the owners of the copyright in the works created by means of adaptation, translation, annotation, arrangement or compilation and the owners of the copyright in the original works.
Article 37 A performer shall, in relation to his performance, enjoy the right
(l) to claim performer ship;
(2) to protect the image inherent in his performance from distortion;
(3) to authorize others to make live broadcasts and public transmission of its or his performance and to receive remuneration;
(4) to authorize others to make sound recordings and video recordings, and to receive remuneration therefore.
(5) to authorize others to reproduce or distribute sound recordings and video recordings incorporating his performance, and to receive remuneration therefore; and
(6) to authorize others to communicate his performance to the public on information network, and to receive remuneration therefore.
The person so authorized who exploits the work in the way referred to in the preceding paragraphs (3) to (6) shall obtain permission from, and pay remuneration to, the copyright owner.