Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright is that copyright protects only the original expression of ideas, and not the underlying ideas themselves.
China Copyright – General Information
Copyright is a form of intellectual property, applicable to certain forms of creative work. Some, but not all jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and "moral rights" such as attribution.
Copyright Law in China
The Chinese copyright Law was promulgated in 1990 and became effective on June 1, 1991. Since China joined Berne Convention in October 1992, when a work is completed in one of the member state of the Berne Convention, it enjoys copyright protection in China automatically. However, to a work finished in a non-member state, to enjoy copyright protection, the work should be first published in a member state of Berne Convention. The protection term of Chinese copyright to an individual author is the whole life and the 50 years after death, if the author is an entity, it is 50 years from the first publication of the work.
Necessity for China Copyright Application
In accordance with the Chinese law and practice, it is not compulsory to register copyright of a work, however, registration is suggested in order to handle copyright disputes more conveniently, this is because the registration certificate can be regarded as a prima facie evidence of ownership.
How to Apply for China Copyright
To obtain a copyright registration in China, a foreign applicant must entrust a Chinese agency to file an application with the Chinese Copyright Office. The Chinese Copyright Office has its branch offices in each province or municipality, like the Shanghai Copyright Office, to handle the application and issue the registration certificate which is valid nationwide in China.
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