Implementing Regulations of the Copyright Law of the People's Republic of China (Revised in 2013)
Implementing Regulations of the Copyright Law of the People's Republic of China (Revised in 2013)
Implementing Regulations of the Copyright Law of the People's Republic of China (Revised in 2013)
Order of the State Council No.633
January 30, 2013
(Promulgated by Order the State Council No.359 on August 2, 2002, first revised on January 8, 2011 under the Decision of the State Council on Revising and Repealing Certain Administrative Regulations, and second revised on January 30, 2013 under the Decision of the State Council on Revising the Implementing Regulations of the Copyright Law of the People's Republic of China)
Article 1 These Regulations are formulated in accordance with the Copyright Law of the People's Republic of China (hereinafter referred to as the "Copyright Law").
Article 2 For the purposes of the Copyright Law, "work(s)" shall refer to original intellectual creations in the literary, artistic and scientific domain, insofar as they are capable of being reproduced in a certain tangible form.
Article 3 For the purposes of the Copyright Law, "creation" shall refer to intellectual activities from which literary, artistic and scientific works are directly derived.
The provision of organization support, consultation opinions, material conditions or other supporting services for others in their creative activities shall not be deemed as acts of creation.
Article 4 For the purposes of the Copyright Law and these Regulations, "work(s)" shall have the following meaning:
1. Written works refer to works expressed in written form, such as novels, poems, essays and theses;
2. Oral works refer to works which are created in spoken words, such as impromptu speeches, lectures and court debates;
3. Musical works refer to such works as songs and symphonic works, with or without lyrics, which can be sung or performed;
4. Dramatic works refer to such works as dramas, operas and local art forms which are used for stage performance;
5. "Quyi" works refer to such works as "xiangsheng" (cross talk), "kuaishu"(clapper talk), "dagu" (ballad singing with drum accompaniment) and "pingshu" (story-telling based on classical novels), which are all used mainly for being performed in a way involving recitation, singing or both;
6. Choreographic works refer to works which express ideas and emotions through successive body movements, gestures and facial movements and expressions;
7. Works of acrobatic art refer to acrobatic, magic and circus works, which are, or can be, expressed in body movements and artistry;
8. Works of fine art refer to two-dimensional or three-dimensional works created in lines, colors or other media which, when being viewed, impart aesthetic effect, such as works of painting, calligraphy and sculpture;
9. Architectural works refer to aesthetic works, which are, and can be, expressed in architectural or constructional form;
10. Photographic works refer to artistic works created by recording images of existing things of people on light-sensitive materials or other media with the aid of devices;
11. Cinematographic works and works created by virtue of analogous methods of film production refer to works which are recorded on some medium consisting of a series of images, with or without accompanying sounds, and which can be projected with the aid of suitable devices or communicated by other means;
12. Graphic works refer to drawings of engineering designs and product designs for the purpose of actual construction or manufacture, and maps and sketches showing geographic phenomena and demonstrating the fundamentals or structure of a thing or an object; and
13.
......
Order of the State Council No.633
January 30, 2013
(Promulgated by Order the State Council No.359 on August 2, 2002, first revised on January 8, 2011 under the Decision of the State Council on Revising and Repealing Certain Administrative Regulations, and second revised on January 30, 2013 under the Decision of the State Council on Revising the Implementing Regulations of the Copyright Law of the People's Republic of China)
Article 1 These Regulations are formulated in accordance with the Copyright Law of the People's Republic of China (hereinafter referred to as the "Copyright Law").
Article 2 For the purposes of the Copyright Law, "work(s)" shall refer to original intellectual creations in the literary, artistic and scientific domain, insofar as they are capable of being reproduced in a certain tangible form.
Article 3 For the purposes of the Copyright Law, "creation" shall refer to intellectual activities from which literary, artistic and scientific works are directly derived.
The provision of organization support, consultation opinions, material conditions or other supporting services for others in their creative activities shall not be deemed as acts of creation.
Article 4 For the purposes of the Copyright Law and these Regulations, "work(s)" shall have the following meaning:
1. Written works refer to works expressed in written form, such as novels, poems, essays and theses;
2. Oral works refer to works which are created in spoken words, such as impromptu speeches, lectures and court debates;
3. Musical works refer to such works as songs and symphonic works, with or without lyrics, which can be sung or performed;
4. Dramatic works refer to such works as dramas, operas and local art forms which are used for stage performance;
5. "Quyi" works refer to such works as "xiangsheng" (cross talk), "kuaishu"(clapper talk), "dagu" (ballad singing with drum accompaniment) and "pingshu" (story-telling based on classical novels), which are all used mainly for being performed in a way involving recitation, singing or both;
6. Choreographic works refer to works which express ideas and emotions through successive body movements, gestures and facial movements and expressions;
7. Works of acrobatic art refer to acrobatic, magic and circus works, which are, or can be, expressed in body movements and artistry;
8. Works of fine art refer to two-dimensional or three-dimensional works created in lines, colors or other media which, when being viewed, impart aesthetic effect, such as works of painting, calligraphy and sculpture;
9. Architectural works refer to aesthetic works, which are, and can be, expressed in architectural or constructional form;
10. Photographic works refer to artistic works created by recording images of existing things of people on light-sensitive materials or other media with the aid of devices;
11. Cinematographic works and works created by virtue of analogous methods of film production refer to works which are recorded on some medium consisting of a series of images, with or without accompanying sounds, and which can be projected with the aid of suitable devices or communicated by other means;
12. Graphic works refer to drawings of engineering designs and product designs for the purpose of actual construction or manufacture, and maps and sketches showing geographic phenomena and demonstrating the fundamentals or structure of a thing or an object; and
13.
......