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Chapter 30 Flies and Eggs

Article 1

In order to protect the copyright of the authors of literary and artistic works, as well as the rights and interests related to copyright, encourage the creation and dissemination of works that are beneficial to the construction of socialist spiritual civilization and material civilization, and promote the development and prosperity of socialist culture and scientific undertakings, this Law is formulated in accordance with the Constitution.

Article 3

The works referred to in this Law include works such as literature, art, natural science, social science engineering and technology created in the following forms: (1) writing works; (2) oral works; (3) music, drama, folk art, dance, acrobatic art works; (4) fine arts and architectural works; (5) photography works; (6) film works and works created by methods similar to filming movies; (7) graphic works and model works such as engineering design drawings, product design drawings, maps, and diagrams; (8) computer software; (9) other works stipulated by laws and administrative regulations.

Article 5

This Law does not apply to: (1) laws and regulations, decisions and orders of state organs and other documents with legislative, administrative and judicial nature, and their official translations; (2) Current affairs news; (3) General tables and formulas of common numbers in the calendar.

Article 7

The copyright administrative department of the State Council is in charge of copyright management across the country; the copyright administrative department of the people's governments of autonomous regions and municipalities directly under the Central Government is in charge of copyright management in their administrative regions.

Article 9

The copyright holders include: (1) the author; (2) other citizen legal persons or other organizations that enjoy copyright in accordance with this Law.

Article 11

The copyright belongs to the author, except as otherwise provided in this Law. The citizen who creates the work is the author. Works that are presided over by the legal person or other organization, created on behalf of the will of the legal person or other organization, and bear the responsibility by the legal person or other organization, shall be deemed to be the author. If there is no proof to the contrary, the legal person or other organization signed on the work is the author.

Article 13

The copyright of works created by more than two people is shared by the co-created author. Those who do not participate in the creation cannot become the co-created author. If the cooperative works can be used separately, the author can enjoy the copyright of the parts they create separately, but the copyright of the overall copyright of the cooperative works shall not be infringed upon exercising copyright.

Article 15

The copyright of film works and works created in a method similar to filming is enjoyed by the producer, but the authors of screenwriters, directors, photographers, lyrics, compositions, and music have the right to sign, and have the right to receive remuneration in a contract signed with the producer. The authors of film works and works created in a method similar to filming are entitled to exercise their copyrights separately.

Article 17

For works created by entrusted creation, the copyright ownership shall be agreed by the principal and the trustee through a contract. If the contract is not clearly agreed or the contract is not concluded, the copyright belongs to the trustee.

Article 19

If the copyright belongs to a citizen, after the death of a citizen, the rights stipulated in Article 10, Paragraphs (5) to (17) of this Law shall be transferred within the protection period stipulated in this Law in accordance with the provisions of the Inheritance Law. If the copyright belongs to a legal person or other organization, after the change and termination of the legal person or other organization, the rights stipulated in Article 10, Paragraphs (5) to (17) of this Law shall be enjoyed by the legal person or other organization that bears their rights and obligations within the protection period stipulated in this Law; if the legal person or other organization that does not bear their rights and obligations, the state shall enjoy them.

Article 21

The copyright of works of a citizen (except for the right to be signed) by a legal person or other organization (except for the right to be signed) by the legal person or other organization, and the right to publish the rights shall be held for the life of the author and the fifty years after his death, and shall end on December 31 of the fifty years after his death; if it is a cooperative work, it shall end on December 31 of the fifty years after his death. The copyright of works of a legal person or other organization (except for the right to be signed) by a legal person or other organization, and the right to publish the rights to be held for the work of a legal person or other organization.

The prescribed protection period for rights is fifty years, which ends on December 31, the fifty years after the first publication of the work. However, if the work has not been published within 50 years after the completion of the creation, this Law will no longer protect. The right to publish film works and photography works created by similar film production methods, the protection period for rights stipulated in Article 10, Paragraphs (5) to (17) of this Law is fifty years, which ends on December 31, the fifty years after the completion of the creation of the work, but if the work has not been published within 50 years after the completion of the creation, this Law will no longer protect.

Article 23

For the implementation of nine-year compulsory education and national education plans, the author shall compile and edit published fragments of works or short textual musical works or single art works in the textbook without the permission of the copyright owner, but shall pay remuneration in accordance with the regulations, specify the author's name and name, and shall not infringe other rights enjoyed by the copyright owner in accordance with this law. The provisions of the preceding paragraph apply to restrictions on the rights of publishers, performers, recorders, radio stations and television stations.

Article 25

When transferring the rights stipulated in Article 10, Paragraphs 1, Paragraphs (5) to (17) of this Law, a written contract shall be concluded. The right transfer contract includes the following main contents: (1) the name of the work; (2) the type and region of the rights transferred; (3) the transfer price; (4) the date and method of delivery of the transfer price; (5) the liability for breach of contract; (6) other contents that both parties believe need to agree.

Article 27

The copyright owner in the licensing contract and transfer contract shall not exercise the rights transferred without the copyright owner's consent.

Article 29

If publishers, performers, recordings, videos, radio, television, etc. use other people's works in accordance with the relevant provisions of this Law, they shall not infringe on the author's right to sign and modify the right to protect the complete right of the work and the right to obtain remuneration.

Article 31

The exclusive copyright enjoyed by the book publisher in accordance with the contract for the works delivered and published by the copyright owner shall be protected by law and others shall not publish the work.

Article 33

If the copyright holder submits a manuscript to a newspaper and journal, if he does not receive a newspaper notice and decides to publish it within fifteen days from the date of issuance of the manuscript, or if he does not receive a journal notice and decides to publish it within thirty days from the date of issuance of the manuscript, he may submit the same work to other newspaper and journals. Except where the two parties have otherwise agreed. After the work is published, other newspapers and magazines may be reproduced or published as abstract materials, but they shall pay remuneration to the copyright owner in accordance with the regulations.

Article 35

When publishing works produced by adapting, translation, annotations, compiling existing works, the copyright owner of the adapted, translation, annotations, compiling, and the copyright owner of the original works shall be granted permission and the copyright owner of the adapted, translation, annotations, and the remuneration shall be paid.

Article 36

Publishers have the right to license or prohibit others from using the layout design of the book journals they publish. The protection period for the rights stipulated in the preceding paragraph is ten years, which ends on December 31, the tenth year after the first publication of the book journals designed using the layout.
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