Application and Rights
How to solve copyright infringement in China?
Updated: Jan 8, 2019
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Conditions for copyright protection in China
1. The work enjoys copyright in China.
2. The copyright of the work is still in the term of protection.
According to the Copyright Law of the People’s Republic of China, in respect of a work of a citizen, the term of protection for the right of publication shall be the lifetime of the author and fifty years after his death, expiring on December 31 of the fiftieth year after his death. In the case of a work of joint authorship, the term shall expire on December 31 of the fiftieth year after the death of the last surviving author.
In respect of a work of a legal entity or other organization or a work which is created in the course of employment and the copyright (except the right of authorship) in which is enjoyed by a legal entity or other organization, the term of protection for the right of publication shall be fifty years, expiring on December 31 of the fiftieth year after the first publication of such work.
In respect of a cinematographic work, a work created by a process analogous to cinematography or a photographic work, the term of protection for the right of publication shall be fifty years, expiring on December 31 of the fiftieth year after the first publication of such work.
The ways of copyright protection in China
1. The method to prevent the infringement of copyright
Authors can register at the National Copyright Administration to protect the copyright of their work, which can be evidence to solve a dispute of copyright ownership.
2. The method to solve copyright infringements
There are three ways to solve copyright infringements.
Firstly, disputes arising as a result of exploitation can be settled through consultations between the parties or mediated by a third party to reach a compromise.
The second method is arbitration. The dispute can be submitted to an arbitration body for arbitration under a written agreement between the parties or under the arbitration clause in the copyright contract.
Lastly, legal proceedings can be taken directly in a People’s Court. The administrative department for copyright may apply to the People’s Court for enforcement if the party neither takes legal proceedings nor implements the decision within three months of receiving the written decision on the penalty.
This English version is only for reference. To learn more, please refer to the authoritative Chinese version.
