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. Under Chinese copyright laws, a copyright means the right to own your creative work. It includes the rights to reproduce, distribute, perform, and display the work and to prepare derivative works from your original work.
I. China Copyright Law
The Copyright Law of the People’s Republic of China (hereinafter referred to as the Copyright Law) adopted on 7th September, 1990, was amended for the first time in 2001 and for the second time in 2010. Amendment to the Copyright Law for the third time is now underway. In addition, there are many other laws, regulations, ordinances and rules about copyright in China.
China has also acceded to major international copyright treaties, such as the century-old Berne Convention, the Universal Copyright Convention, and the decade-old Agreement on Trade Related Aspects of Intellectual Property Rights, or TRIPS Agreement, which set minimum standards for copyright regulation. In China, the presumptions are somewhat different. China’s Copyright Law states that an employee will own the copyright to anything they create during the course of employment, except for engineering designs, product designs, maps, and computer software, and other works created mainly with the employer’s resources.
II. China Copyright Registration
Copyright registration in China is administered by the Copyright Protection Centre of China (CPCC). The following is the relevant aspects:
(1) Scope of Copyright Protection
Copyrights that are protected under the Copyright Law in China include the right of publication, authorship, revision, integrity, distribution, rental, exhibition, performance, presentation, broadcast or cinema screening, communication through information network, adaptation, translation, compilation and other rights to be enjoyed by copyright owners.
(2) Registration Fees
Registration application fees vary depending on the type of work. There are separate fees for changes, amendments, cancellations, additional certificates, etc. There are no periodic fees for maintaining a copyright registration. The fees shown in the chart below are official fees. Agents will charge agency fees if you engage them to assist in the process.
(3) Registration Time
Applications for copyright registration are within 30 days after the CPCC accepts the application or if supplemental materials are required, within 30 days of receipt of the supplemental materials. However, registration may be delayed if registration fees are not paid within 10 days of receipt of the notice for payment.
III. China Copyright Protection
Copy protection, also known as content protection, copy prevention and copy restriction, is any effort designed to prevent the reproduction of software, films, music, and other media, usually for copyright reasons. The scope and term of copyright protection in China are as follows:
(1) Scope of Copyright Protection
Copyrights that are protected under the Copyright Law in China include the right of publication, authorship, revision, integrity, distribution, rental, exhibition, performance, presentation, broadcast or cinema screening, communication through information network, adaptation, translation, compilation and other rights to be enjoyed by copyright owners.
(2) Term of Protection for the Rights
No time limit is set on the term of protection for an author’s rights of authorship and revision and his right to protect the integrity of his work. In respect of a work of a citizen, the term of protection for the right of publication and the related property rights of the copyright is the lifetime of the author plus another fifty years; in respect of a work of a legal entity or other organization or a work which is created in the course of employment, such a term is fifty years from the first publication of such work; and likewise in respect of a cinematographic work.
IV. Contact Us
If you have further inquiries, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com or www.tannet-group.net, or calling Shenzhen hotline at 86-755-82143422 or Hong Kong hotline at 852-27826888, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020,Dongmen Rd South, Luohu, Shenzhen, China.
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