Regulation on the Implementation of the Copyright Law (Chinese and English Text)
Major Law
Additional Laws and Regulations
Short Summary
The following translation was retrieved from the Nanjing City Web site on February 4, 2007. The Chinese text was retrieved from the National Copyright Administation Web site on March 7, 2006.
Regulation on the Implementation of the Copyright Law of the People's Republic of China Article 1 The present Regulation has been enacted on the basis of the Copyright Law of the People's Republic of China (hereafter "the Copyright Law"). Article 2 The term "works" used in the Copyright Law refers to original intellectual creations in the literary, artistic and scientific domain, in so far as they are capable of being reproduced in a certain tangible form. Article 3 The term "creation" mentioned in the Copyright Law refers to intellectual activities from which literary, artistic and scientific works are directly resulted. The making of arrangement and the provision of consultation, material means or supporting service, done for others in their creating activities, shall not be deemed as acts of creating. Article 4 Definitions of the following works mentioned in the Copyright Law and the present Regulation are: (1) Written works are works expressed in writing, such as novels, poems, pieces of prose and treatises; (2) Oral works are works, such as impromptu speeches, lectures and court debates, which are created in spoken language; (3) Musical works are works, with or without accompanying words, which can be sung or performed, such as songs and symphonies; (4) Dramatic works are works, such as dramas, operas and local art forms, which are created for stage performance; (5) Qu Yi works are works created mainly for performance in a way involving recitation, singing, or both, such as xiangsheng (cross talk), kuaishu (clapper talk), dagu (story singing with the accompaniment of a small drum) and pingshu (story telling); (6) Choreographic works are works which express ideas and emotions by means of successive body movements, gestures and facial movements; (7) Acrobatic works are works which are expressed through shapes and acts of body and other skills, such as acrobatics, magic, circus, etc. (8) Works of fine art are two- or three-dimensional works created in lines, colors or other medium which, when being viewed, impart esthetic effects, such as paintings, works of calligraphy, sculptures, etc.; (9) Architectural works are works that are represented by buildings or forms of buildings and that, when viewed, could impart esthetic effects; (10) Photographic works are the kind of artistic works created by recording the images of objective objects on light-sensitive materials or other media with the aid of devices; (11) Cinematographic works and works created by methods similar to producing movies refer to those that are created by shooting on some medium and that consist of a series of frames of images, with or without accompanying sound, and can be screened with the aid of devices or transmitted by other means; (12) Works of drawing include engineering designs and product designs created for the purpose of constructions and productions and atlases or sketch maps that show geographic phenomena or demonstrate the elements or structures of things; (13) Model works are three-dimensional works that are created in certain proportions according to the shapes and structures of objects for the purpose of demonstration, experiment or observation, etc. Article 5 Definitions of the following terms as mentioned in the Copyright Law and the present Regulation are: (1) News of current events refers to the mere report of facts or happenings conveyed by mass media including newspapers, periodicals and radios and television stations, etc.; (2) Sound recordings are the recordings of any sounds performed or other sounds; (3) Video recordings are recordings of a series of related images or pictures, with or without accompanying sounds, other than cinematographic works and works that are created by ways similar to shooting movies; (4) Producer of sound recordings refers to the original producer of the sound recordings; (5) Producer of video recordings refers to the original producer of the video recordings; (6) Performer refers to actors or acting entities or other persons who perform literary and artistic works. Article 6 Copyright originates as of the day when the creation of a work is completed. Article 7 The works of foreigners or stateless persons that are published for the first time without the territory of China as mentioned in Article 2, Paragraph 3 of the Copyright Law shall be subject to protection on the day when they are published for the first time. Article 8 Where any of the works of any foreigner or stateless person is published within the territory of China within 30 days after being published for the first time without the territory of China, it shall be deemed as being published within the territory of China simultaneously. Article 9 The copyright to co-authored works that cannot be used piecemeal shall be shared by the co-authors and exercised through negotiations. Where an agreement fails and there is no good reason, no co-author may stop any other co-author from exercising his rights other than assignment, but the gains acquired shall be shared by the co-authors in a reasonable way. Article 10 Where the copyright owner has authorized the making of cinematographic works or works created in ways similar to shooting movies on the basis of his or her work, it shall be implied that he or she has granted permission to make necessary alterations to his or her work, in so far as such alteration does not distort or mutilate the original work. Article 11 The term "work assignment" as used in Article 16, Paragraph 1 of the Copyright Law concerning assignment works refers to the duties that a citizen should fulfill for the legal person or organization. The term "material and technical conditions" as mentioned in Article 16, Paragraph 2 of the Copyright Law concerning assignment works refers to the funds, equipments or materials specially provided by the legal person or organization for the citizen to complete the creation of the work. Article 12 The remunerations that the author obtains from a third party by permit him to use his assignment work in similar ways as the entity uses it within two years after the work is completed and upon the consent of the entity where he works shall be shared by the entity according to the proportion as agreed upon by the author and the entity. 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 entity. Article 13 In the case of a work of unknown authorship, the copyright thereof shall be exercised by the holder of the original copy of the work except the right of authorship. After the authorship has been ascertained, the copyright shall be exercised by the author or the heirs thereof. Article 14 Where any of the coauthors dies and the copyright thereof as mentioned in Article 10, Paragraph 1, Items 5 through 17 of the Copyright Law which there is no one to inherit or to be bequeathed, it shall be enjoyed by other coauthors. Article 15 The right of authorship, the right of revision and the right of keeping the integrity of the work shall, after the author dies, be protected by the inheritor or bequeathed. In the absence of inheritors or bequeathed, right of authorship, right of revision and right of keeping the integrity of the work shall be protected by the copyright administrative authority. Article 16 The copyright enjoyed by the State shall be enforced by the copyright administrative authority on behalf of the State. Article 17 In the case of posthumous works, the right of publication may be exercised by the inheritor or the bequeathed within 50 years after the author's death if the author has not explicitly expressed that the work shall not be published. In the absence of any inheritor of bequeathed, the said right may be exercised by the lawful holder of the original work. Article 18 In the case of a work of unknown authorship, the term of protection of the rights as provided in Article 10, Paragraph 1, Items 5 through 17 of the Copyright Law, shall be 50 years ending on December 31 of the fiftieth year after the first publication of the work. The provisions of Article 21 of the Copyright Law shall be applicable after authorship of the work has been ascertained. Article 19 When using other author's work, the name of the author and the title of the work shall be specified unless it has been otherwise agreed upon by the parties concerned or it cannot be specified due to the peculiarity of the way of use. Article 20 The term "published work" as mentioned in the Copyright Law refers to a work which has been made known to the public by the holder of copyright or by permission. Article 21 According to the relevant provisions of the Copyright Law, the use of any published work for which it is permitted not to obtain the permission of the holder of copyright shall not affect the normal use of the work, and shall not unreasonably impair the lawful rights of the holder of copyright. Article 22 The rate of royalties for the use of work in ways as provided in Articles 23, 32 (2), and 39 (3) of the Copyright Law shall be formulated and promulgated by the administrative authority of copyright under the State Council in collaboration with the administrative authority of price affairs under the State Council. Article 23 For the use of other author's work, agreements for permitted use of work shall be concluded with the holder of copyright. Where the permitted use right is an exclusive one, the agreement shall be in writing, however, with the exception of the works published in newspapers and magazines. Article 24 The exclusive use as provided in Article 24 of the Copyright Law shall be subject to the stipulations of agreements. If it is not stipulated or not clearly stipulated in any agreement, it shall be deemed that the party permitted shall have the right to exclude any one including the holder of copyright to use the work in the same ways as he does. Unless it is otherwise stipulated in the contract, the party permitted must obtain the permission of the holder of copyright before permitting any third party to exercise the same right. Article 25 The contracts concluded with the holder of copyright for the exclusive use or transfer of the work may be submitted to the administrative authority of copyright for archivist purposes. Article 26 The term "copyright-related rights" as mentioned in the Copyright Law and the present Regulation mean the right enjoyed by publishers as to the format design of the books and magazines published thereby, the right enjoyed by performers as to their performances, the right enjoyed by producers of audio and video recordings as to their products of audio-video recordings, and the rights enjoyed by radio and television stations as to the programs in their broadcasts. Article 27 The publishers, performers, producers of audio-video recordings, broadcasting and televisions stations shall not, in their exercise of rights, infringe upon the rights of the holder of copyright to the works used and the original work. Article 28 Where it is stipulated in the contract for publishing books that the publisher has the right to publication but such right is not specified in detail, it shall be deemed that the publisher has the exclusive right to publish the original or revised versions of the book in the same languages within the valid term of the contract and within the geographic areas as stipulated in the contract. Article 29 Where two orders of the copyright holder sends to the publisher have not been performed within 6 months, it shall be deemed as the sellout as mentioned in Article 31 of the Copyright Law. Article 30 Where the holder of copyright announces that his work may not be reprinted or compiled in extracts according to Article 32, Paragraph 2 of the Copyright Law, he shall make the announcement in the newspaper or magazine when the work is published. Article 31 Where the holder of copyright announces that no audio recordings may be made to his work as pursuant to Article 39, Paragraph 3 of the Copyright Law, he shall make the announcement when the work is lawfully made into a product of audio recordings. Article 32 According to the provisions of Articles 23, 32 (b), 39 (c) of the Copyright Law, for any use of the work of any other person, payment of royalty shall be made to the holder of copyright within 2 months after the work is used. Article 33 Performances of foreigners and stateless persons within the People's Republic of China shall be subject to the protection of the Copyright Law. The right which a foreigner or stateless person enjoys in his performances according to the international treaties to which China has acceded to shall be subject to the protection of the Copyright Law. Article 34 The audio recordings produced or published by a foreigner or stateless person within the territory of the People's Republic of China shall be subject to the Copyright Law. The rights that a foreigner or stateless person enjoys in the audio recordings he produces or publishes according to the international treaties to which China has acceded to shall be subject to the Copyright Law. Article 35 The rights that a foreign radio broadcasting station or television station enjoys in any of its programs according to the international treaties to which China has acceded to shall be subject to the protection of the Copyright Law. Article 36 For any of the tortious acts as mentioned in Article 47 of the Copyright Law which at the same time injures the social public good, a fine of up to three times the illegal proceeds shall be imposed upon the tort-feasor by the administrative authority of copyright. If it is not easy to calculate the illegal proceeds, a fine of up to 100,000 yuan may be imposed upon the tort-feasor. Article 37 Any tortious act as mentioned in Article 47 of the Copyright Law that injures the social public good at the same time shall be investigated and punished by the administrative authority of copyright under the local people's government. The administrative department of copyright under the State Council may investigate and punish a tortious act of national influence. Article 38 The present Regulation shall enter into force as of September 15, 2002. The Regulation for the Implementation of the Copyright Law of the People's Republic of China which was ratified by the State Council on May 24, 1991 and promulgated by the State Copyright Administration on May 30, 1991 shall be concurrently be repealed.
Regulation on the Implementation of the Copyright Law of the People's Republic of China Article 1 The present Regulation has been enacted on the basis of the Copyright Law of the People's Republic of China (hereafter "the Copyright Law"). Article 2 The term "works" used in the Copyright Law refers to original intellectual creations in the literary, artistic and scientific domain, in so far as they are capable of being reproduced in a certain tangible form. Article 3 The term "creation" mentioned in the Copyright Law refers to intellectual activities from which literary, artistic and scientific works are directly resulted. The making of arrangement and the provision of consultation, material means or supporting service, done for others in their creating activities, shall not be deemed as acts of creating. Article 4 Definitions of the following works mentioned in the Copyright Law and the present Regulation are: (1) Written works are works expressed in writing, such as novels, poems, pieces of prose and treatises; (2) Oral works are works, such as impromptu speeches, lectures and court debates, which are created in spoken language; (3) Musical works are works, with or without accompanying words, which can be sung or performed, such as songs and symphonies; (4) Dramatic works are works, such as dramas, operas and local art forms, which are created for stage performance; (5) Qu Yi works are works created mainly for performance in a way involving recitation, singing, or both, such as xiangsheng (cross talk), kuaishu (clapper talk), dagu (story singing with the accompaniment of a small drum) and pingshu (story telling); (6) Choreographic works are works which express ideas and emotions by means of successive body movements, gestures and facial movements; (7) Acrobatic works are works which are expressed through shapes and acts of body and other skills, such as acrobatics, magic, circus, etc. (8) Works of fine art are two- or three-dimensional works created in lines, colors or other medium which, when being viewed, impart esthetic effects, such as paintings, works of calligraphy, sculptures, etc.; (9) Architectural works are works that are represented by buildings or forms of buildings and that, when viewed, could impart esthetic effects; (10) Photographic works are the kind of artistic works created by recording the images of objective objects on light-sensitive materials or other media with the aid of devices; (11) Cinematographic works and works created by methods similar to producing movies refer to those that are created by shooting on some medium and that consist of a series of frames of images, with or without accompanying sound, and can be screened with the aid of devices or transmitted by other means; (12) Works of drawing include engineering designs and product designs created for the purpose of constructions and productions and atlases or sketch maps that show geographic phenomena or demonstrate the elements or structures of things; (13) Model works are three-dimensional works that are created in certain proportions according to the shapes and structures of objects for the purpose of demonstration, experiment or observation, etc. Article 5 Definitions of the following terms as mentioned in the Copyright Law and the present Regulation are: (1) News of current events refers to the mere report of facts or happenings conveyed by mass media including newspapers, periodicals and radios and television stations, etc.; (2) Sound recordings are the recordings of any sounds performed or other sounds; (3) Video recordings are recordings of a series of related images or pictures, with or without accompanying sounds, other than cinematographic works and works that are created by ways similar to shooting movies; (4) Producer of sound recordings refers to the original producer of the sound recordings; (5) Producer of video recordings refers to the original producer of the video recordings; (6) Performer refers to actors or acting entities or other persons who perform literary and artistic works. Article 6 Copyright originates as of the day when the creation of a work is completed. Article 7 The works of foreigners or stateless persons that are published for the first time without the territory of China as mentioned in Article 2, Paragraph 3 of the Copyright Law shall be subject to protection on the day when they are published for the first time. Article 8 Where any of the works of any foreigner or stateless person is published within the territory of China within 30 days after being published for the first time without the territory of China, it shall be deemed as being published within the territory of China simultaneously. Article 9 The copyright to co-authored works that cannot be used piecemeal shall be shared by the co-authors and exercised through negotiations. Where an agreement fails and there is no good reason, no co-author may stop any other co-author from exercising his rights other than assignment, but the gains acquired shall be shared by the co-authors in a reasonable way. Article 10 Where the copyright owner has authorized the making of cinematographic works or works created in ways similar to shooting movies on the basis of his or her work, it shall be implied that he or she has granted permission to make necessary alterations to his or her work, in so far as such alteration does not distort or mutilate the original work. Article 11 The term "work assignment" as used in Article 16, Paragraph 1 of the Copyright Law concerning assignment works refers to the duties that a citizen should fulfill for the legal person or organization. The term "material and technical conditions" as mentioned in Article 16, Paragraph 2 of the Copyright Law concerning assignment works refers to the funds, equipments or materials specially provided by the legal person or organization for the citizen to complete the creation of the work. Article 12 The remunerations that the author obtains from a third party by permit him to use his assignment work in similar ways as the entity uses it within two years after the work is completed and upon the consent of the entity where he works shall be shared by the entity according to the proportion as agreed upon by the author and the entity. 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 entity. Article 13 In the case of a work of unknown authorship, the copyright thereof shall be exercised by the holder of the original copy of the work except the right of authorship. After the authorship has been ascertained, the copyright shall be exercised by the author or the heirs thereof. Article 14 Where any of the coauthors dies and the copyright thereof as mentioned in Article 10, Paragraph 1, Items 5 through 17 of the Copyright Law which there is no one to inherit or to be bequeathed, it shall be enjoyed by other coauthors. Article 15 The right of authorship, the right of revision and the right of keeping the integrity of the work shall, after the author dies, be protected by the inheritor or bequeathed. In the absence of inheritors or bequeathed, right of authorship, right of revision and right of keeping the integrity of the work shall be protected by the copyright administrative authority. Article 16 The copyright enjoyed by the State shall be enforced by the copyright administrative authority on behalf of the State. Article 17 In the case of posthumous works, the right of publication may be exercised by the inheritor or the bequeathed within 50 years after the author's death if the author has not explicitly expressed that the work shall not be published. In the absence of any inheritor of bequeathed, the said right may be exercised by the lawful holder of the original work. Article 18 In the case of a work of unknown authorship, the term of protection of the rights as provided in Article 10, Paragraph 1, Items 5 through 17 of the Copyright Law, shall be 50 years ending on December 31 of the fiftieth year after the first publication of the work. The provisions of Article 21 of the Copyright Law shall be applicable after authorship of the work has been ascertained. Article 19 When using other author's work, the name of the author and the title of the work shall be specified unless it has been otherwise agreed upon by the parties concerned or it cannot be specified due to the peculiarity of the way of use. Article 20 The term "published work" as mentioned in the Copyright Law refers to a work which has been made known to the public by the holder of copyright or by permission. Article 21 According to the relevant provisions of the Copyright Law, the use of any published work for which it is permitted not to obtain the permission of the holder of copyright shall not affect the normal use of the work, and shall not unreasonably impair the lawful rights of the holder of copyright. Article 22 The rate of royalties for the use of work in ways as provided in Articles 23, 32 (2), and 39 (3) of the Copyright Law shall be formulated and promulgated by the administrative authority of copyright under the State Council in collaboration with the administrative authority of price affairs under the State Council. Article 23 For the use of other author's work, agreements for permitted use of work shall be concluded with the holder of copyright. Where the permitted use right is an exclusive one, the agreement shall be in writing, however, with the exception of the works published in newspapers and magazines. Article 24 The exclusive use as provided in Article 24 of the Copyright Law shall be subject to the stipulations of agreements. If it is not stipulated or not clearly stipulated in any agreement, it shall be deemed that the party permitted shall have the right to exclude any one including the holder of copyright to use the work in the same ways as he does. Unless it is otherwise stipulated in the contract, the party permitted must obtain the permission of the holder of copyright before permitting any third party to exercise the same right. Article 25 The contracts concluded with the holder of copyright for the exclusive use or transfer of the work may be submitted to the administrative authority of copyright for archivist purposes. Article 26 The term "copyright-related rights" as mentioned in the Copyright Law and the present Regulation mean the right enjoyed by publishers as to the format design of the books and magazines published thereby, the right enjoyed by performers as to their performances, the right enjoyed by producers of audio and video recordings as to their products of audio-video recordings, and the rights enjoyed by radio and television stations as to the programs in their broadcasts. Article 27 The publishers, performers, producers of audio-video recordings, broadcasting and televisions stations shall not, in their exercise of rights, infringe upon the rights of the holder of copyright to the works used and the original work. Article 28 Where it is stipulated in the contract for publishing books that the publisher has the right to publication but such right is not specified in detail, it shall be deemed that the publisher has the exclusive right to publish the original or revised versions of the book in the same languages within the valid term of the contract and within the geographic areas as stipulated in the contract. Article 29 Where two orders of the copyright holder sends to the publisher have not been performed within 6 months, it shall be deemed as the sellout as mentioned in Article 31 of the Copyright Law. Article 30 Where the holder of copyright announces that his work may not be reprinted or compiled in extracts according to Article 32, Paragraph 2 of the Copyright Law, he shall make the announcement in the newspaper or magazine when the work is published. Article 31 Where the holder of copyright announces that no audio recordings may be made to his work as pursuant to Article 39, Paragraph 3 of the Copyright Law, he shall make the announcement when the work is lawfully made into a product of audio recordings. Article 32 According to the provisions of Articles 23, 32 (b), 39 (c) of the Copyright Law, for any use of the work of any other person, payment of royalty shall be made to the holder of copyright within 2 months after the work is used. Article 33 Performances of foreigners and stateless persons within the People's Republic of China shall be subject to the protection of the Copyright Law. The right which a foreigner or stateless person enjoys in his performances according to the international treaties to which China has acceded to shall be subject to the protection of the Copyright Law. Article 34 The audio recordings produced or published by a foreigner or stateless person within the territory of the People's Republic of China shall be subject to the Copyright Law. The rights that a foreigner or stateless person enjoys in the audio recordings he produces or publishes according to the international treaties to which China has acceded to shall be subject to the Copyright Law. Article 35 The rights that a foreign radio broadcasting station or television station enjoys in any of its programs according to the international treaties to which China has acceded to shall be subject to the protection of the Copyright Law. Article 36 For any of the tortious acts as mentioned in Article 47 of the Copyright Law which at the same time injures the social public good, a fine of up to three times the illegal proceeds shall be imposed upon the tort-feasor by the administrative authority of copyright. If it is not easy to calculate the illegal proceeds, a fine of up to 100,000 yuan may be imposed upon the tort-feasor. Article 37 Any tortious act as mentioned in Article 47 of the Copyright Law that injures the social public good at the same time shall be investigated and punished by the administrative authority of copyright under the local people's government. The administrative department of copyright under the State Council may investigate and punish a tortious act of national influence. Article 38 The present Regulation shall enter into force as of September 15, 2002. The Regulation for the Implementation of the Copyright Law of the People's Republic of China which was ratified by the State Council on May 24, 1991 and promulgated by the State Copyright Administration on May 30, 1991 shall be concurrently be repealed.
Title (Chinese)
著作权法实施条例
Body (Chinese)
《中华人民共和国著作权法实施条例》 第一条 根据《中华人民共和国著作权法》(以下简称著作权法)，制定本条例。 第二条 著作权法所称作品，是指文学、艺术和科学领域内具有独创性并能以某种有形式复制的智力成果。 第三条 著作权法所称创作，是指直接产生文学、艺术和科学作品的智力活动。 为他人创作进行组织工作，提供咨询意见、物质条件，或者进行其他辅助工作，均不视为创作。 第四条 著作权法和本条例中下列作品的含义： (一)文字作品，是指小说、诗词、散文、论文等以文字形式表现的作品； (二)口述作品，是指即兴的演说、授课、法庭辩论等以口头语言形式表现的作品； (三)音乐作品，是指歌曲、交响乐等能够演唱或者演奏的带词或者不带词的作品； (四)戏剧作品，是指话剧、歌剧、地方戏等供舞台演出的作品； (五)曲艺作品，是指相声、快书、大鼓、评书等以说唱为主要形式表演的作品； (六)舞蹈作品，是指通过连续的动作、姿势、表情等表现思想情感的作品； (七)杂技艺术作品，是指杂技、魔术、马戏等通过形体动作和技巧表现的作品； (八)美术作品，是指绘画、书法、雕塑等以线条、色彩或者其他方式构成的有审美意义的平面或者立体的造型艺术作品； (九)建筑作品，是指以建筑物或者构筑物形式表现的有审美意义的作品； (十)摄影作品，是指借助器械在感光材料或者其他介质上记录客观物体形象的艺术作品； (十一)电影作品和以类似摄制电影的方法创作的作品，是指摄制在一定介质上，由一系列有伴音或者无伴音的画面组成，并且借助适当装置放映或者以其他方式传播的作品； (十二)图形作品，是指为施工、生产绘制的工程设计图、产品设计图，以及反映地理现象、说明事物原理或者结构的地图、示意图等作品； (十三)模型作品，是指为展示、试验或者观测等用途，根据物体的形状和结构，按照一定比例制成的立体作品。 第五条 著作权法和本条例中下列用语的含义： (一)时事新闻，是指通过报纸、期刊、广播电台、电视台等媒体报道的单纯事实消息； (二)录音制品，是指任何对表演的声音和其他声音的录制品； (三)录像制品，是指电影作品和以类似摄制电影的方法创作的作品以外的任何有伴音或者无伴音的连续相关形象、图像的录制品； (四)录音制作者，是指录音制品的首次制作人； (五)录像制作者，是指录像制品的首次制作人； (六)表演者，是指演员、演出单位或者其他表演文学、艺术作品的人。 第六条 著作权自作品创作完成之日起产生。 第七条 著作权法第二条第三款规定的首先在中国境内出版的外国人、无国籍人的作品，其著作权自首次出版之日起受保护。 第八条 外国人、无国籍人的作品在中国境外首先出版后，30日内在中国境内出版的，视为该作品同时在中国境内出版。 第九条 合作作品不可以分割使用的，其著作权由各合作作者共同享有，通过协商一致行使；不能协商一致，又无正当理由的，任何一方不得阻止他方行使除转让以外的其他权利，但是所得收益应当合理分配给所有合作作者。 第十条 著作权人许可他人将其作品摄制成电影作品和以类似摄制电影的方法创作的作品的，视为已同意对其作品进行必要的改动，但是这种改动不得歪曲篡改原作品。 第十一条 著作权法第十六条第一款关于职务作品的规定中的"工作任务"，是指公民在该法人或者该组织中应当履行的职责。 著作权法第十六条第二款关于职务作品的规定中的"物质技术条件"，是指该法人或者该组织为公民完成创作专门提供的资金、设备或者资料。 第十二条 职务作品完成两年内，经单位同意，作者许可第三人以与单位使用的相同方式使用作品所获报酬，由作者与单位按约定的比例分配。 作品完成两年的期限，自作者向单位交付作品之日起计算。 第十三条 作者身份不明的作品，由作品原件的所有人行使除署名权以外的著作权。作者身份确定后，由作者或者其继承人行使著作权。 第十四条 合作作者之一死亡后，其对合作作品享有的著作权法第十条第一款第(五)项至第(十七)项规定的权利无人继承又无人受遗赠的，由其他合作作者享有。 第十五条 作者死亡后，其著作权中的署名权、修改权和保护作品完整权由作者的继承人或者受遗赠人保护。 著作权无人继承又无人受遗赠的，其署名权、修改权和保护作品完整权由著作权行政管理部门保护。 第十六条 国家享有著作权的作品的使用，由国务院著作权行政管理部门管理。 第十七条 作者生前未发表的作品，如果作者未明确表示不发表，作者死亡后50年内，其发表权可由继承人或者受遗赠人行使；没有继承人又无人受遗赠的，由作品原件的所有人行使。 第十八条 作者身份不明的作品，其著作权法第十条第一款第(五)项至第(十七)项规定的权利的保护期截止于作品首次发表后第50年的12月31日。作者身份确定后，适用著作权法第二十一条的规定。 第十九条 使用他人作品的，应当指明作者姓名、作品名称；但是，当事人另有约定或者由于作品使用方式的特性无法指明的除外。 第二十条 著作权法所称已经发表的作品，是指著作权人自行或者许可他人公之于众的作品。 第二十一条 依照著作权法有关规定，使用可以不经著作权人许可的已经发表的作品的，不得影响该作品的正常使用，也不得不合理地损害著作权人的合法利益。 第二十二条 依照著作权法第二十三条、第三十二条第二款、第三十九条第三款的规定使用作品的付酬标准，由国务院著作权行政管理部门会同国务院价格主管部门制定、公布。 第二十三条 使用他人作品应当同著作权人订立许可使用合同，许可使用的权利是专有使用权的，应当采取书面形式，但是报社、期刊社刊登作品除外。 第二十四条 著作权法第二十四条规定的专有使用权的内容由合同约定，合同没有约定或者约定不明的，视为被许可人有权排除包括著作权人在内的任何人以同样的方式使用作品；除合同另有约定外，被许可人许可第三人行使同一权利，必须取得著作权人的许可。 第二十五条 与著作权人订立专有许可使用合同、转让合同的，可以向著作权行政管理部门备案。 第二十六条 著作权法和本条例所称与著作权有关的权益，是指出版者对其出版的图书和期刊的版式设计享有的权利，表演者对其表演享有的权利，录音录像制作者对其制作的录音录像制品享有的权利，广播电台、电视台对其播放的广播、电视节目享有的权利。 第二十七条 出版者、表演者、录音录像制作者、广播电台、电视台行使权利，不得损害被使用作品和原作品著作权人的权利。 第二十八条 图书出版合同中约定图书出版者享有专有出版权但没有明确其具体内容的，视为图书出版者享有在合同有效期限内和在合同约定的地域范围内以同种文字的原版、修订版出版图书的专有权利。 第二十九条 著作权人寄给图书出版者的两份订单在6个月内未能得到履行，视为著作权法第三十一条所称图书脱销。 第三十条 著作权人依照著作权法第三十二条第二款声明不得转载、摘编其作品的，应当在报纸、期刊刊登该作品时附带声明。 第三十一条 著作权人依照著作权法第三十九条第三款声明不得对其作品制作录音制品的，应当在该作品合法录制为录音制品时声明。 第三十二条 依照著作权法第二十三条、第三十二条第二款、第三十九条第三款的规定，使用他人作品的，应当自使用该作品之日起2个月内向著作权人支付报酬。 第三十三条 外国人、无国籍人在中国境内的表演，受著作权法保护。 外国人、无国籍人根据中国参加的国际条约对其表演享有的权利，受著作权法保护。 第三十四条 外国人、无国籍人在中国境内制作、发行的录音制品，受著作权法保护。 外国人、无国籍人根据中国参加的国际条约对其制作、发行的录音制品享有的权利，受著作权法保护。 第三十五条 外国的广播电台、电视台根据中国参加的国际条约对其播放的广播、电视节目享有的权利，受著作权法保护。 第三十六条 有著作权法第四十七条所列侵权行为，同时损害社会公共利益的，著作权行政管理部门可以处非法经营额 3倍以下的罚款；非法经营额难以计算的，可以处10万元以下的罚款。 第三十七条 有著作权法第四十七条所列侵权行为，同时损害社会公共利益的，由地方人民政府著作权行政管理部门负责查处。 国务院著作权行政管理部门可以查处在全国有重大影响的侵权行为。 第三十八条 本条例自2002年9月15日起施行。1991年5月24日国务院批准、1991年5月30日国家版权局发布的《中华人民共和国著作权法实施条例》同时废止。(完)