Copyrights Law in China
Copyright Law in China – Overview (as of 2025)
China's copyright law has developed significantly over recent decades, particularly as the country deepens its integration into the global economy and adheres to international IP standards like the Berne Convention and TRIPS Agreement.
1. Legal Framework
China's current copyright regime is governed primarily by:
Copyright Law of the People's Republic of China
(Originally enacted in 1990, with major amendments in 2001, 2010, and the most recent one effective June 1, 2021.)
Implementing Regulations for the Copyright Law
(Provides more detailed procedural rules.)
Judicial Interpretations by the Supreme People’s Court
(These help clarify ambiguous provisions in the law.)
2. Protected Works
Chinese copyright law protects original works of authorship that are fixed in a tangible medium. Categories include:
Literary works
Music and dramatic works
Fine arts and photography
Films and audiovisual works
Software and databases (if original)
Architecture and maps
Works must be independently created and expressed in some tangible form.
3. Copyright Ownership
Authors are the original owners unless the work is commissioned or created under an employment contract.
For employer-employee works, the employer usually holds the copyright unless agreed otherwise.
For joint works, rights are shared unless a different agreement is made.
4. Duration of Protection
Individual authors: Life of the author plus 50 years.
Joint authorship: 50 years after the last surviving author's death.
Corporate or anonymous works: 50 years from the first publication.
Note: China is not yet aligned with the Berne Convention's 70-year standard.
5. Rights Granted
Copyright holders in China have:
Economic Rights (e.g.):
Reproduction
Distribution
Rental (for audiovisual and software works)
Public performance
Exhibition
Broadcasting
Adaptation and translation
Moral Rights (non-transferable):
Authorship (right to claim authorship)
Integrity (prevent distortion/misuse)
Publication (right to decide if/when to publish)
6. Registration
Voluntary (not mandatory for protection).
Conducted through the China Copyright Protection Center (CPCC).
Useful for evidence in infringement lawsuits.
7. Enforcement & Infringement
Copyright enforcement is through:
Civil litigation (damages, injunctions)
Administrative actions (by copyright bureaus or the National Copyright Administration)
Criminal prosecution (for large-scale infringements)
Typical infringements include:
Unauthorized copying/distribution
Online piracy
Use of works without license or attribution
Damages: Statutory damages can go up to ¥5 million RMB (~USD $700,000) under the latest law.
8. International Considerations
China is a member of:
Berne Convention
TRIPS Agreement
WIPO Copyright Treaty
WIPO Performances and Phonograms Treaty (WPPT)
So foreign authors’ rights are generally recognized in China under the principle of national treatment.
9. Recent Developments & Trends
2021 Amendment Highlights:
Stronger protection for online content.
Increased penalties for infringement.
Broader definitions of protected works.
Clearer rules on fair use and statutory licensing.
Focus on AI and digital rights: Ongoing discussions on how to handle AI-generated works and deepfakes.
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