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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


   Within 2 years after the creation of the work, the author may, with the permission of the institution, permit a third party to use the work in the manner as the institution may have done. Remunerations thus obtained shall be divided between them according to agreed proportion.
   Even after the expiry of the said 2 years, the institution may continue with use of the work in the course of its business.
   The aforementioned 2 years period after the creation of the work shall be calculated from the date on which the work concerned is submitted to the institution.
  Article 15
   Material and technical conditions mentioned in paragraph 2 of
  Article 16 (1) of the Law shall mean fund, equipments or materials provided expressly for the creation of a work.
  Article 16
   In the case of a work of unknown author, the copyright, except the right of indication of authorship, shall be exercised by the lawful holder of the original copy of the work. With the restoration of authorship, the copyright shall be exercised by the author or his heir in title.
  Article 17
  Article 18 of the Law, which says that transfer of ownership of the original copy of a work of fine art shall not be deemed as transfer of copyright in the work, is applicable to all works the ownership of original copy of which can be transferred.
   Section 2. Inheritance of Copyright
  Article 18 Inheritance of economic rights contained in copyright shall be executed in accordance with the Law of Inheritance.
  Article 19
   In the case where one of the co-authors of a work of joint authorship dies without having heir in title or other beneficiary, the economic rights he enjoyed in relation to his contribution to the work shall be exercised by the other co-authors.
  Article 20
   Right of indication of authorship, right of revision and right of integrity contained in copyright shall, after the death of the author, be protected by the heir in title and other person to whom the economic rights are granted.
   In the absence of heir in title or other beneficiary, right of indication of authorship, right of revision and right of integrity contained in copyright shall be protected by the copyright administrative authority.
  Article 21
   Copyright enjoyed by the State shall be enforced by the copyright administrative authority on behalf of the State.
  Article 22
   In the case of posthumous works, the right of disclosure may be exercised by the author's heir in title or other beneficiary for a period of 50 years, unless a prior statement by the author says expressly to the contrary. In the absence of heir in title or other beneficiary, the said right shall be exercised by the lawful holder of the original copy of the work.
   Section 3. Coming into existence of copyr
   ight and Calculation of the of Protection
  Article 23
   Copyright protected under this Law shall emerge on the date when a work is created.
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