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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


  Article 24
   In the case of a work of unknown author, the term of protection in relation to economic rights shall be 50 years ending on December 31 of the fiftieth year after the first publication of the work.
  Article 21 of the Law shall be applicable after authorship of the work becomes ascertained.
  Article 25
   In the case of works by foreign authors that have first published in China, the term of protection shall be calculated from the date of first publication of the work.
   The first publication in China mentioned in the paragraph 2 of
  Article 2 of the Law in relation to works of foreigners refer to the situation where unpublished works of foreigners have been published for the first time in China by lawful means.
   Works of foreigners first published outside China shall be deemed first published in China if it is published in China within 30 days after its first publication.
   Unpublished works of foreigners shall also be deemed first published in China if their authorized adaptations or translations are first published in China.
   Section 4. Limitations on Rights
  Article 26
   As used in the Law, a published work refers to a work which has been made known to the public by means stipulated in the Law.
  Article 27
   The following conditions have to be satisfied for an act to be deemed appropriate quotation of published works by act to be deemed appropriate quotation of published works by others mentioned in
  Article 22 (2) of the Law:
   (1) The quotation is made solely for the purpose of introducing or reviewing the source works or making clear a point;
   (2) What has been quoted does not form a major or substantial part of the work of the quoter;
   (3) The interests of the copyright owner of the work being quoted shall not be prejudiced.
  Article 28
  
  Article 22 (3) of the Law refers to unavoidable inclusion of published works as is justified by the purpose of reporting current events.
  Article 29
   Making use of published works of other persons by virtue of
  Article 22 (6) and (7) shall not harm the normal exploitation of the works concerned and shall not unreasonably prejudice the legitimate interests of the copyright owners.
  Article 30
   In the case of performance of published works as is permitted by
  Article 22 (9) of the Law, no fees shall be charged on viewing or hearing audience and no remuneration shall be paid to the performers.
  Article 31
  
  Article 22 (11) of the Law shall be applicable only to works originally created in Chinese.
   Chapter IV Copyright Licencing Contracts
  Article 32
   It is a requirement that contracts with copyright owners and licence obtained for using their works be made in writing, except the cases where works are to be published by newspaper and periodicals.
  Article 33
   In default of a clear indication in a contract in relation to the grant of exclusive right to use, only non-exclusive right to use by the licensee shall be implied, unless the Law stipulated otherwise.
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