Why Does China Have No Copyright Laws

IV. How long is the term of copyright protection? 2.2 When a work is commissioned, how is copyright ownership determined between the author and the client? A rights holder may take technological measures to protect copyright and related rights. No organization or person may intentionally circumvent or destroy technological measures without the permission of the copyright holder. (Section 49) (3) make any necessary modifications to the Software for use in the actual computer application environment or to improve its functionality and performance. However, unless otherwise agreed, such modified software may not be distributed to third parties without the consent of the copyright holder of the software; and While infringement may be deterred, please note that the rights holder cannot claim damages if they file a complaint with copyright authorities. If the rights owner claims damages, a civil action is required after the copyright administration`s investigation. If the copyright belongs to a legal person, the term of copyright protection is 50 years and ends on December 31 of the 50th year following the first publication of the work. Works that have not been published within 50 years of their creation are no longer protected by Chinese copyright law. 1.6 What is the term of copyright protection? Does it vary by type of work? With regard to corruption, it should be noted that the low salaries of civil servants make them more vulnerable to bribery.

In addition, parties may use guanxi to unduly influence or bribe the judge in order to achieve a favorable outcome. Guanxi refers to a network of contacts that a person can rely on when they need to do something. The importance of guanxi in China should not be underestimated. Often, the right guanxi makes all the difference in ensuring the success of a business. For a company, good guanxi greatly reduces the disappointment and frustration of doing business in China. Guanxi doesn`t need to be based on money. It is legal in China and is in no way considered a bribe. Thus, people who use it do not have to feel uncomfortable. If the unlawful act harms the public interest, the competent copyright authority shall order persons to cease the act and warn them, confiscate the infringing proceeds, confiscate and destroy the infringing copies and the materials, tools and equipment used to make such copies. If the case constitutes a criminal offence, criminal liability shall be prosecuted in accordance with the law. 4.1 What acts concerning a copyrighted work may be restricted by the rights holder? Yes. The right of the copyright owner to distribute the original or copy of a particular work is exhausted after the first lawful sale or offer, and the distribution right can no longer be used.

However, the right holder may continue to enjoy other rights, such as the right to distribute the information network, the right of reproduction, the right of broadcasting, etc. According to China`s 2007 White Paper on Intellectual Property Rights, the majority of copyright cases are resolved administratively. Specifically, 10,344 of the 10,559 IPR cases were closed by administrative authorities at all levels throughout the country; 8,524 of the closed cases were closed with administrative penalty decisions, 1,585 with mediation agreements and 235 were referred to the judicial authorities. It should be noted that cyberspace is currently the main area where copyright infringement occurs in China. Here is an example of the administrative application of copyright in cyberspace. Term of protection of rights The term of protection of an author`s copyright and revision rights and his right to protection of the integrity of his work are not limited in time. With respect to a citizen`s work, the term of protection of the right of publication and related copyright property rights is the life of the author plus an additional fifty years; in the case of a work of a legal person or other organisation or a work created in the context of an employment relationship, that period shall be fifty years from the first publication of that work; and also in relation to a cinematographic work. The National Copyright Administration of the People`s Republic of China (NCAC) and its counterparts in local governments are responsible for copyright administration at the national level.

(Section 7) In an audiovisual work, for the copyright of films and television dramas, the first owner is the producer; For other copyrights, ownership is agreed by the parties involved and, in the absence of an agreement or if the agreement is not clear, the first owner is the producer. In 2001, China Environmental Project Tech Inc. filed a patent infringement lawsuit against U.S. company Huayang Electronics Co. and Japanese naturist after these companies benefited from a patented CEPT technique to use seawater in a fuel gas desulfurization process. [21] Although the Supreme Court ruled in favour of CEPT, it did not issue an injunction because the infringement procedure was used to generate electricity and an injunction would be detrimental to the public interest. Instead, the court awarded RMB 50 million to CEPT. [22] Legal fees vary depending on the situation.

Normally, examination costs are also incurred. Attorneys` fees for copyright infringement proceedings at first instance are generally less than $100,000. (3) Leased works for which copyright is held by the employer on the basis of laws, by-laws or contracts. If the copyright belongs to a natural person, the term of protection of publication rights and copyright ownership rights is the life of the author and 50 years after his death; In the case of a joint work, copyright expires 50 years after the death of the last deceased author. The term “copyright” includes the following personality and property rights (Article 10): The copyright owner and an authorized person may file a claim against primary and secondary infringers as long as the secondary infringer aids or causes the primary infringer to carry out the infringing activities. The exclusive licensee may file a claim of copyright infringement himself, while a non-exclusive licensee may only file a claim of copyright infringement if the rights owner expressly authorizes it. In addition, collecting societies may claim copyright infringements if they have been approved by the rightholder. In addition, the amendment focuses on penalties for copyright infringement; The competent authorities are vested with broad powers to investigate these illegal activities.

VII. How can the regulator punish copyright infringers? Baidu`s about-face in the copyright dispute reflects its emergence as a creator and buyer of content, a transition that continued recently when the company struck a deal to license Netflix Inc. NFLX`s original shows. NFLX 0.85% Other Chinese media companies are undergoing similar transformations, upending entertainment protection in the world`s second-largest economy. according to legal analysts. Tencent`s victory in the legal battle over The Voice of China is consistent with other recent lawsuits to enforce film copyrights in China, including Disney`s victory over a film that ripped anthropomorphic vehicles from cars, decisions holding private cinema operators responsible for displaying content without permission. and the recent controversy and lawsuit surrounding Wolf Warrior 2. With the widespread use of the Internet and social media, the problem of copyright infringement on digital content has become increasingly serious and manifests itself mainly in infringement of the right to distribute information networks.