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中华人民共和国著作权法实施条例

来源:不详 点击数:   录入时间:07-06-07 08:10:40


   (4) To undertake administration as far as external copyright relation is conce rned;
   (5) To administer copyright of which the State is the owner;
   (6) To provide guidance for local copyright authorities with their performance of administrative functions;
   (7) To carry out other duties assigned by the State Council in relation to copyright administration.
  
  Article 8
   The copyright department under the local governments are responsible for copyright administration within their respective jurisdiction, whose duties shall be determined by the government of each of the provinces, autonomous regions and municipalities directly under the central government.
  
   Chapter III Ownership and Exercise of Copyright
   Section 1. Ownership of Copyright

  
  Article 9
   Unless the Law provided otherwise, copyright shall belong to citizens who have created works and the legal and non-legal entities who are deemed authors by virtue of the Law.
   The conditions laid down by the General Principles of the Civil Law of the People's Republic of China must be satisfied to be a legal entity. Social institutions and economic organizations, by not being able to meet the conditions to be legal entities, and the relatively independent departments forming a legal entity are non-legal entities for the purpose of the Law.
  
  Article 10
   Persons who have glossed or sorted-out pre-existing works shall enjoy the copyright in the works thus created, in so far as they are not entitled to copyright in the works they used and do not have the right to prohibit the glossing or sorting-out done by other person in relation to the same pre-existing work.
  
  Article 11
   Where joint authors failed to reach an agreement on the exercise of copyright in a work of joint authorship which can not be used piecemeal, any party may not unreasonably prohibit the exercise by others of the said copyright.
  Article 12
   In the case of works of compilation, being in the form of encyclopaedias, dictionaries, text books or photo books of large size, as the case may be, copyright in the work as a whole shall belong to legal entities or non-legal entities who have arranged manpower or provided financial aid and material means for their creation and bear the responsibility in relation to the said work.
  
  Article 13
   Permission to make necessary alteration shall be implied where the copyright owner has authorized the making cinematographic, television or videographic work based on his or her work, in so far as such alteration does not distort or mutilate the original work.
  
  Article 14
   Where copyright in a work created within the fulfillment of duties belongs to the author, the author may ask his institution to permit a third party to use the work in the same manner as the institution might have done. if the institution does not use the work in the course of its business within 2 years after the creation of the work.
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