Copyright Comparative Guide

1 Legal framework

1.1 What legislative and regulatory provisions govern copyright in your jurisdiction?

The primary legislation governing copyright in China is the Copyright Law (2020 Amendment).

Additional relevant regulations include:

• the Regulations for the Implementation of the Copyright Law;
• the Regulations on the Protection of the Right of Communication to the Public on Information Networks (2013 Revision);
• the Regulations on the Collective Administration of Copyright (2013 Revision); and
• the Provisions on the Implementation of the International Copyright Treaties (2020 Revision).

1.2 Is there common law protection for copyright in your jurisdiction?

Copyright in China is statutorily protected. There are generally no common law rights; however, all original literary, dramatic, musical and artistic works, published or unpublished, are automatically protected under the Copyright Law.

1.3 Do any special regimes apply to specific types of works or subject matter (eg, software; data and databases; digital works; indigenous works)?

Computer software is specifically regulated by the Regulations on the Protection of Computer Software.

The copyright registration process for computer software also differs from that for other types of works. Software identification materials (programs, documents) must be submitted during the process, including:

• the first and last 30 consecutive pages of the source program; and
• all kinds of documentation.

If, together, the entire program and documentation are less than 60 pages in length, they should be submitted in full.

1.4 Which bilateral or multilateral instruments or treaties with effect in your jurisdiction (if any) have relevance for copyright protection?

China is a member of various IP treaties, including:

• the Convention Establishing the World Intellectual Property Organization;
• the Agreement on Trade-Related Aspects of Intellectual Property Rights;
• the Berne Convention for the Protection of Literary and Artistic Works;
• the Beijing Treaty on Audiovisual Performances; and
• the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.

1.5 Which bodies are responsible for implementing and enforcing the copyright regime in your jurisdiction? What is their general approach in doing so?

China's approach to copyright enforcement is multifaceted, involving a combination of legal, administrative, judicial and technological measures to protect copyright and promote a healthy creative industry. The following bodies are responsible for implementing and enforcing the regime:

• China Copyright Protection Centre (CCPC): This is the primary government body responsible for copyright protection. The CCPC is responsible for the registration of copyrights of various types of works and computer software and is the only computer software copyright registration and copyright pledge registration organisation in China. It also provides special services such as:
• • copyright identification, monitoring and rights protection;
  • copyright culture research;
  • copyright asset evaluation and management;
  • copyright standard setting and publication; and
  • copyright business training.
• Administration for Market Regulation (AMR): The AMR is responsible for market supervision and regulation, including:
• • enforcing IP rights;
  • combating counterfeit goods; and
  • ensuring fair competition.
• Public Security Bureau (PSB): The PSB handles criminal cases related to copyright infringement, particularly those involving large-scale piracy or organised crime.
• Customs authorities: These authorities are responsible for:
• • preventing the import and export of pirated goods; and
  • enforcing copyright laws at the borders.
• People's courts: The judicial system in China handles copyright disputes and infringement cases, providing legal remedies and enforcement through civil and criminal proceedings.

2 Copyrightabilty

2.1 What types of works qualify for copyright protection in your jurisdiction?

Pursuant to Article 3 of the Copyright Law, copyrightable works are ingenious intellectual achievements in the fields of literature, art and science that can be presented in a certain form, including the following:

• written works;
• oral works;
• musical, dramatic, quyi (a general term for Chinese folk vocal art forms, including ballad singing, storytelling, comic dialogue, clapper talk, cross-talk), choreographic and acrobatic art works;
• works of fine art and architecture;
• photographic works;
• audiovisual works;
• drawings of engineering designs and product designs, maps, sketches and other graphic works, as well as model works;
• computer software; and
• other intellectual achievements that meet the characteristics of works.

2.2 What are the requirements for copyrightability?

According to the Copyright Law, 'copyrightable works' are defined as ingenious intellectual achievements in the fields of literature, art and science that can be presented in a certain form. To qualify for copyright protection, a work must meet several key requirements:

• Originality: The work must be an original creation of the author, reflecting a certain level of creativity and intellectual effort. This is the basic and most crucial requirement.
• Fixation: The work must be fixed in a tangible medium of expression.
• Legality: The content of the work must not violate any laws or public morals.
• Expressiveness: The work must be capable of being expressed in a certain form.

2.3 What types of works are ineligible for copyright protection in your jurisdiction?

Certain types of works are ineligible for copyright protection pursuant to Article 5 of the Copyright Law, including:

• laws, regulations, resolutions, decisions and orders of state organs, other documents of legislative, administrative or judicial nature and their official translations;
• mere factual information; and
• calendars, numerical tables, forms of general use and formulas.

3 Scope of protection

3.1 What legal rights are conferred by copyright in your jurisdiction?

In China, moral rights and property rights are both protected under copyright law.

• Moral rights include:
• • the right of publication;
  • the right of authorship;
  • the right of alteration; and
  • the right of integrity.
• Property rights include:
• • the right of reproduction;
  • the right of distribution;
  • the right of lease;
  • the right of exhibition;
  • the right of performance;
  • the right of projection;
  • the right of broadcasting;
  • the right of dissemination via information networks;
  • the right of production;
  • the right of adaptation;
  • the right of translation;
  • the right of compilation; and
  • other rights which shall be enjoyed by the copyright owner.

3.2 Are there special rules that limit the scope of protection for works that are useful/utilitarian/functional in your jurisdiction?

Yes. There are provisions on fair use and statutory licences designed for certain works that are useful for the public interest.

3.3 Are neighbouring rights protected in your jurisdiction? If so, please outline the applicable regime.

Neighbouring rights – referred to as 'copyright-related rights' in China – are enshrined in Chapter IV of the Copyright Law. They are enjoyed by:

• publishers (Articles 32–37);
• performers (Articles 38–41);
• producers of sound recordings or video recordings (Articles 42–45); and
• broadcasters (Articles 46–48).

3.4 Are moral rights protected in your jurisdiction? If so, please outline the applicable regime.

Moral rights are indeed protected in China. As stipulated in question 3.1, four kinds of moral rights are protected pursuant to Article 10 of the Copyright Law:

• the right of publication – that is, the right to decide whether to make a work available to the public;
• the right of authorship – that is, the right to claim authorship and to have the author's name mentioned in connection with the work;
• the right of alteration – that is, the right to alter or authorise others to alter one's work; and
• the right of integrity – that is, the right to protect one's work against distortion and mutilation.

3.5 Are any blanket exceptions to copyright infringement (eg, fair use/dealing) or specific exceptions to copyright infringement (eg, backup copies, interoperability, right of repair) available in your jurisdiction? If so, under what conditions do they apply?

Yes, copyright law in China includes several exceptions to copyright infringement, primarily designed to balance copyright protection and public interests.

These exceptions are provided in Article 24 of the Copyright Law and include:

• personal/private use;
• appropriate quotation;
• inevitable reappearance or citation of a published work in news;
• reprint/rebroadcast by newspapers or other media;
• use of a speech delivered at a public assembly;
• reasonable quantity of use for teaching or research purposes;
• use of a published work by a state organ for the fulfilment of its official duties;
• reproduction by a public institution, such as a library, for the purpose of the display or preservation of works;
• free-of-charge performance of a published work;
• utilisation of an artistic work in public spaces in graphic form;
• translation from the national common language into a minority nationality language; and
• provision of published works for dyslexics in a barrier-free way.

There are three basic elements to test whether the use of a work falls within the scope of fair use:

• The name or designation of the author and the title of the work are mentioned;
• The normal use of the work is not unreasonably damaged; and
• The lawful rights and interests of the copyright owner are not affected.

3.6 How are derivative works protected in your jurisdiction? Who is the owner of a derivative work?

'Derivative works', in the context of the Copyright Law, are defined as works created through the adaptation, translation, annotation or arrangement of pre-existing works.

Copyright in works thus created will be enjoyed by the adapter, translator, annotator or arranger, provided that the copyright in the original work is not infringed.

Additionally, to use a derivative work:

• the permission of both the copyright owner of the work and the copyright owner of the original work must be obtained; and
• remuneration must be paid to the copyright owners.

3.7 Can copyrightable works also be protected by other IP rights (eg, trademarks and designs) in your jurisdiction?

In China, copyrightable works can indeed benefit from cumulative protection under multiple IP rights if they meet the protection thresholds for other kinds of intellectual property.

4 Duration, publication and renewal

4.1 When does copyright protection in a work begin and end in your jurisdiction? Are there any proactive maintenance or other requirements to benefit from a full term of protection?

Copyright protection in China begins with the creation of the work. Moral rights, except for the right of publication, are protected for eternity; while property rights last for the individual author's lifetime and extend for 50 years thereafter. In the case of a work of joint authorship, the term will expire 50 years after the death of the last surviving author.

For works created by legal entities, the protection term is 50 years from the date of first publication of the work. No protection will be granted if a work has not been published within 50 years of completion of the creation.

The protection of format design is 10 years, beginning from the creation of such work and extending for 10 years after the first publication of the book or periodical that uses such a format.

No proactive maintenance or other formalities are required to benefit from the full term of protection, as copyright protection is automatic upon the creation and publication of the work.

4.2 What is required for a work to be published in your jurisdiction?

The 'right of publication' refers to the right of authors to decide whether, when, where and in what form their works should be made public.

To 'make a work public' means to disclose the work and put it in a state of public knowledge by means of:

• publication;
• distribution;
• broadcasting;
• screening;
• oral presentation;
• performance;
• display; or
• internet transmission.

It is irrelevant whether the public actually knows or cares about the published work.

However, pursuant to Article 17 of the Regulations on the Implementation of the Copyright Law, the author's heirs or legatees may publish the work without violating the author's will during their lifetime.

4.3 Can copyright protection be renewed or extended in your jurisdiction? If so, how?

The duration of property rights is fixed and cannot be renewed or extended.

5 Ownership

5.1 Who can qualify as the owner of a copyrighted work in your jurisdiction? Are there any provisions that deem an owner to be a person other than the author?

According to Article 9 of the Copyright Law, the copyright owner may be:

• the author; and
• other natural persons, legal entities and unincorporated organisations enjoying copyright in accordance with the law.

The author is the natural person whose intellectual effort and creativity have resulted in the creation of the work. Where a work is created according to the intention and under the supervision and responsibility of a legal entity or another unincorporated organisation, such legal entity or unincorporated organisation will be deemed to be the author of the work.

Where a work is created jointly by two or more co-authors, the copyright in the work will be enjoyed jointly by those co-authors. Co-authorship may not be claimed by anyone who has not participated in the creation of the work.

In the following cases, the author of a service work will enjoy the right of authorship, while the legal entity or unincorporated organisation will enjoy other rights included in the copyright:

• works created mainly with the materials and technical resources of the legal entity or unincorporated organisation and under its responsibility;
• works for hire created by employees of:
• • newspapers;
  • periodical presses;
  • news agencies;
  • radio stations; or
  • television stations; and
• service works of which the copyright is, in accordance with the laws or administrative regulations or as agreed upon in the contract, enjoyed by the legal entity or unincorporated organisation.

5.2 Is corporate, joint or collective ownership of copyrighted works recognised in your jurisdiction? If so, in what circumstances?

Yes, joint ownership of copyrighted works is recognised.

Joint ownership occurs when a work is created jointly by two or more co-authors. The copyright in the work will be enjoyed jointly by those co-authors. Co-authorship may not be claimed by anyone who has not participated in the creation of the work.

5.3 Can ownership of a copyrighted work be transferred in your jurisdiction? If so, how? Are any copyrights, moral rights, neighbouring or related rights inalienable? If so, how can such rights be dealt with (eg, exclusive licence, waivers)?

Only property rights can be transferred in China. Such transfer can be effected by concluding a written contract with the transferee.

A contract of copyright transfer should include the following main content:

• the name of the work;
• the variety and territorial scope of the transferred right;
• the transfer price;
• the date and method of the delivery of the transfer price;
• liability for breach; and
• any other contents that both parties consider necessary.

5.4 Where a work is created by an employee, what are the rules regarding ownership? What measures can an employer take to secure its rights to intellectual property created under an employment relationship?

A work created by an employee is deemed to be a service work. The copyright in such a work will be enjoyed by the author – that is, the employee.

An employer can secure its legitimate rights by concluding contracts with its employee regarding the ownership of the work. However, Article 18 of the Copyright Law provides that the employer will have a priority right to exploit the work within the scope of its professional activities. During the first two years after completion of the work, the author must not, without the consent of the legal entity or organisation, authorise a third party to exploit the work in the same way as the legal entity or organisation.

5.5 Where a work is created by a contractor, what are the rules regarding ownership? What measures can a hiring party take to secure its rights to intellectual property created under a contracting relationship?

Works created by contractors are referred to as 'commissioned works' under the Copyright Law of China. The ownership of copyright in a commissioned work must be agreed upon in a contract between the commissioning party and the commissioned party. In the absence of such a contract or an explicit agreement in the contract, the copyright in such a work will belong to the commissioned party.

To mitigate these risks, it is essential for hiring parties to:

• formalise contracts that clearly define the transfer of economic rights and any limitations or conditions thereto;
• specify the nature and scope of the rights transferred, including exclusivity terms if applicable; and
• ensure that these contracts are in writing to:
• • prevent potential disputes; and
  • provide clarity regarding the relationship between the hiring party and the contractor.

6 Registration

6.1 Is there a copyright registration system in your jurisdiction? If so, is registration mandatory?

Under Article 12 of the Copyright Law, as well as the Trial Measures for the Voluntary Registration of Works, authors and other copyright owners may apply for copyright registration.

Such registration is optional. Whether or not a work is registered, the copyright acquired by the author remains unaffected.

6.2 What are the advantages of registration?

In general, copyright registration serves to protect the author's copyright and copyright-related rights and interests. The advantages of registration include the following:

• Article 7 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases of Civil Disputes over Copyright issued by the Supreme People's Court stipulates that copyright registration certificates provided by the parties concerned may be used as evidence. In the event of a copyright dispute, registration serves as proof of rights and provides prima facie evidence for resolving the dispute.
• As an important intangible asset, copyright registration may enhance the security of transactions when conducting copyright transfer, authorisation and licensing and other copyright trading activities.
• In certain scenarios, copyright registration can serve as supporting documentation – for example, for:
• • certificates of filing with judicial authorities, copyright and related administrative authorities (eg, customs); and
  • certificates of listed capital of companies.

6.3 What legal presumptions, rights and entitlements are conferred by copyright registration?

As stated in question 6.2, copyright registration certificates provided by the parties concerned may be used as evidence, which confirms the ownership of the author.

6.4 What are the formal, procedural and substantive requirements for registration?

The application process for copyright registration is now handled online. Both formal examination and substantive examination are required to obtain a certificate.

• Formal requirements: The following documentation must be submitted:
• • an application form for the registration of copyright of works;
  • documents proving the applicant's identity;
  • documents proving the attribution of rights;
  • a sample of the work; and
  • a letter of commitment.
• Substantive requirements:
• • Works for registration will be protected by the Copyright Law;
  • Works for registration may not exceed the period of copyright protection; and
  • The publication or dissemination of works will not be prohibited by law.

6.5 What fees does the governing body charge for registration? Do these vary depending on the type of work?

The registration charges include:

• fees for registration;
• fees for the issue of a registration certificate; and
• the costs of mailing the certificate to the copyright holder.

The fees vary depending on the type of work.

6.6 Can copyright registration be refused? If so, on what grounds and what is the impact of refusal?

Yes, copyright registration can be refused based on both formal and substantive grounds (see question 6.4).

6.7 If copyright registration is refused, can the applicant appeal? If so, how?

No answer submitted for this question.

6.8 Can the reviewing body's decision be appealed? If so, how?

No answer submitted for this question.

7 Enforcement and remedies

7.1 What constitutes copyright infringement in your jurisdiction?

An infringement takes place if:

• the copyright in the work is valid;
• the copyrighted work is used without authorisation; and
• such use does not fall under the scope of fair use or statutory licences.

Several forms of unauthorised use of a work are considered to constitute copyright infringement, such as:

• publishing a work without the permission of the copyright owner;
• plagiarising the work of others; or
• without the permission of the copyright holder, or of the performer or producer of a sound or audiovisual work, leasing the original or a copy of the work (including software) or a sound or audiovisual recording.

7.2 Is secondary liability for copyright infringement recognised in your jurisdiction? If so, how is it incurred? Are safe harbours afforded to intermediaries or others? If so, what are the requirements for such safe harbours to apply?

Secondary liability primarily exists where a platform knowingly provides services to infringers.

Safe harbour rules apply in China and have been integrated into legislation. According to Article 23 of the Regulations on the Protection of the Right of Communication to the Public on Information Networks, a network service provider will not be liable for damages where it:

• provides search or linking services to service recipients; and
• removes all links to an infringing work, performance or sound or audiovisual recording after receiving a notice from the copyright holder.

Correspondingly, the 'red-flag rule' is also enshrined in Chinese law. If a network service provider knew or should have known that the linked work, performance or sound or audiovisual recording is infringing, it will assume liability for joint infringement.

7.3 Is criminal enforcement of copyright law possible in your jurisdiction?

Yes, pursuant to Article 53 of the Copyright Law, and Articles 217 and 218 of the Criminal Law, criminal enforcement is possible in China.

7.4 What is the statute of limitations for copyright infringement?

In China, the statute of limitations for copyright infringement is three years, starting from the date on which the copyright holder knew or should have known of the infringement.

However, if more than 20 years have passed since the date of infringement, the people's courts will not provide protection.

7.5 Who has standing to bring copyright claims?

All copyright owners are entitled to bring copyright claims, in addition to the following:

• Heirs and legatees: These parties can enforce the copyright on behalf of the deceased author, provided that they have the legal right to do so.
• Licensees: Exclusive licensees may enforce the copyright if the licence agreement explicitly grants them this right. Non-exclusive licensees generally do not have standing to bring claims unless specifically authorised to do so.

7.6 What is the procedure for pursuing claims for copyright infringement, including usual timeframes for resolution? Are there any streamlined administrative procedures for handling disputes?

In copyright infringement cases, civil proceedings start with a case filing in which certain information is specified. The court of first instance will issue a reasoned judgment if the case is not withdrawn or settled. The usual timeframe for resolution is generally between six and 12 months, depending on:

• the ownership and copyright being infringed;
• the relevant facts and evidence; and
• the claims.

Administrative procedures should be considered a different route instead of a streamlined alternative to civil proceedings, with different requirements. The timeframes are generally shorter, with decisions often handed down within a few months.

7.7 What fees and costs are usually incurred in infringement actions?

The fees and costs usually include:

• attorneys' fees;
• case acceptance fees for litigation charged by the people's courts; and
• evidence preservation fees charged by the people's courts and/or notary offices.

7.8 What typical defences are available to a defendant in copyright litigation?

In copyright litigation, defendants may raise various defences, such as:

• the fair use clause in the Copyright Law;
• lack of knowledge or intent;
• authorisation from the copyright holder;
• independent creation of the work; or
• expiry of the copyright.

7.9 What civil and criminal remedies are available against copyright infringement in your jurisdiction? Are customs enforcement measures available to halt the import or export of infringing works?

Civil remedies may include the following, depending on the circumstances:

• ceasing the infringing act;
• eliminating the effects of the act;
• making a public apology; and
• paying compensation for damages.

For criminal remedies, pursuant to Article 217 of the Criminal Law, anyone who infringes any copyright or any right related to copyright for profit will, if the amount of illegal income is relatively large or there is any other serious circumstance, be sentenced to:

• imprisonment for up to three years, together with a fine; or
• a fine only.

If the amount of illegal income is huge or there is any other especially serious circumstance, the infringer will be sentenced to imprisonment for between three and 10 years, together with a fine.

Pursuant to Article 218, anyone who, for profit, knowingly sells any infringing reproductions set forth in Article 217 of the Criminal Law will, if the amount of illegal income is huge or there is any other especially serious circumstance, be sentenced to:

• imprisonment for up to five years, together with a fine; or
• a fine only.

Customs enforcement measures are available to halt the import or export of infringing works. Enterprises may, in accordance with the Regulations on Customs Protection of Intellectual Property Rights, apply to the General Administration of Customs for customs protection of IP rights, including copyright.

7.10 Are damages available for copyright infringement? Are statutory damages available, and if so, in what ranges? What factors will the court consider in determining the quantum of damages?

Yes, damages are available for copyright infringement.

Statutory damages are available according to Article 54(2) of the Copyright Law, under which the people's court will, based the seriousness of the infringement, adjudicate on compensation ranging from RMB 500 to RMB 5 million.

7.11 What is the procedure for appealing a decision in copyright litigation?

Once a judgment has been issued by the court, an appeal may be filed within a prescribed timeframe. For example, in the case of a first-instance judgment, if a party is not satisfied with the judgment, it may appeal to the second-instance court within 15 days of the date of receiving the judgment. The second-instance court:

• will then review the case on both procedural and substantive issues; and
• may uphold, modify or reverse the first-instance judgment.

7.12 Do any special enforcement regimes apply to specific types of works (eg, digital and online content) in your jurisdiction?

Yes, special enforcement regimes apply to digital and online content. The Regulations on the Protection of the Right of Communication to the Public on Information Networks outline the protections afforded to copyright owners, performers and producers of sound and audiovisual recordings, including in relation to the following key aspects:

• acts of infringement; and
• liability of network service providers under:
• • delete-notification rules (safe harbour rules); and
  • red-flag rules.

7.13 What measures can copyright owners take to help prevent infringement of their rights in your jurisdiction?

Copyright holders should:

• understand their broad powers under the Copyright Law;
• take necessary measures to establish and prove their copyright ownership, such as copyright registration for further case handling; and
• obtain professional guidance and implement preventive legal strategies to help avoid potential infringements.

8 Licensing

8.1 What types of copyright licences are available in your jurisdiction?

Licences may be categorised as exclusive or non-exclusive.

8.2 What terms do licences typically include (both express and/or implied licences)?

A licensing contract typically includes terms on the following:

• the specific right to exploit the work;
• the exclusive or non-exclusive nature of the right to exploit the work;
• the territorial scope and term of the licence;
• the amount of remuneration and method of payment;
• liability in case of breach; and
• any other content that both parties consider necessary.

8.3 Does your jurisdiction have collective management regimes for copyrights or other subject matter? If so, how does collective administration generally operate and who are the key players?

The collective administration of copyright, which is governed by the Regulations on the Collective Administration of Copyright, is carried out by organisations for the collective administration of copyright in their respective own names upon authorisation by the copyright holders, in order to exercise the relevant rights in a centralised way. The following activities may be carried out by such organisations:

• concluding with users a licensing contract for copyright or copyright-related rights;
• charging royalties from users;
• transferring the royalties to the copyright holders; and
• participating in litigation, arbitration or similar involving copyright or copyright-related rights.

8.4 Are compulsory licences recognised in your jurisdiction, including with respect to digital/online intermediaries? If so, what types are available and what are their key features?

Yes, compulsory licences – also known as statutory licences under the Copyright Law – are recognised in China. Under a compulsory licence, one can use a work without authorisation yet will still pay remuneration according to the law. There are five types of compulsory licences, as follows:

• Parties that compile and publish textbooks for the purpose of implementing compulsory education or educational planning of the state may compile published fragments of works without the permission of the copyright owners.
• Newspaper or periodical publishers may, after the publication of a work by a newspaper or periodical:
• • reprint the work;
  • print an abstract of the work; or
  • print the work as reference material.
• The producer of a sound recording, for the production of that sound recording, may exploit a musical work which has been lawfully recorded as a sound recording by another.
• A radio station or television station may broadcast a published work created by another.
• For the purpose of implementing compulsory education or educational planning of the state, part of a published work, a short published written work or musical work, or a single published work of fine art or photographic work may be used without the consent of the copyright owner to make courseware that will be provided to registered students on information networks by remote education institutions that have made or legally obtained the courseware, which must pay remuneration to the copyright owner.

8.5 Is there a formal system for establishing collective management tariffs? If so, please describe the framework for negotiating and establishing tariffs.

Since the amendment of the Copyright Law in 2020, there are no general legal provisions on the consultation process. However, it is now stipulated that: "the standard for the collection of royalties shall be determined by consultation between the copyright collective management organisation and the representatives of the users."

8.6 Can or must copyright licences be officially recorded in your jurisdiction?

There is no compulsory regulation on the official recordal of copyright licences, so this is optional. However, from a risk mitigation perspective, a recorded licence provides a safety net for both the licensor and the licensee.

8.7 Are there any specific requirements for the validity of a copyright licence in your jurisdiction? Are there any special provisions governing sub-licensing?

Yes, there are requirements for the validity of a copyright licence (see question 8.2). Sub-licensing is also governed by specific provisions of the Copyright Law. A licensee or the transferee may not, without the consent of the copyright owner, exercise any right that the copyright owner has not expressly licensed or transferred in the contract. This means that sub-licensing requires explicit authorisation from the original copyright owner.

9 Protection of foreign copyright

9.1 Are foreign copyrighted works protected in your jurisdiction? If so, how and under what conditions (eg, rule of the shorter term)?

Yes, foreign copyrighted works are protected based on international treaties and conventions.

China is a member of the Berne Convention for the Protection of Literary and Artistic Works, which ensures that foreign authors receive the same level of protection as domestic authors. China does not apply the 'rule of the shorter term' for foreign works.

9.2 What key concerns and considerations should be borne in mind by foreign copyright holders in seeking to protect their works in your jurisdiction?

Foreign copyright holders should be aware of several key concerns and considerations when seeking to protect their works in China:

• First publication requirement: If the author is not a national of one of the contracting parties to the Berne Convention, their works must be:
• • first published in one of those countries; or
  • simultaneously published in a country outside and a country of the contracting parties.
• Registration: While not mandatory, registration with the China Copyright Protection Centre is highly recommended. Registration provides stronger legal standing and facilitates enforcement actions. It also serves as prima facie evidence in case of disputes.

10 Trends and predictions

10.1 How would you describe the current copyright landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

There are no plans for legislation or legal amendments to China's copyright law in the near future. However, the issue of AI-generated material has been a focus of discussion in various circles recently. Matters relating to the nature of AI-generated objects and the corresponding infringement liability are currently hot topics of discussion and it is expected that relevant guidelines or judicial decisions will be issued in the near future.

10.2 Have there been any recent legislative amendments or decisions involving copyright and generative AI, data or databases? If so, please summarise the current state of the law.

The issue of copyright on generative AI has not yet risen to the legislative level and is currently focused on academic discussions.

Data and databases are mostly protected by the Anti-unfair Competition Law instead of the Copyright Law.

10.3 Have there been any recent developments involving intermediary safe harbour and liability in your jurisdiction?

In China, the legal framework governing intermediary safe harbour and liability is being continuously refined to adapt to the evolving digital landscape. In recent years, there have been discussions on appropriate notification of platforms, leading to the establishment of criteria for qualified notification in legal practice. The notification should include the specific location of the infringing content (eg, URL, title of the work), to prevent the platform from shirking its responsibility on the grounds that the notification is not qualified. It is also recommended to set quantitative standards such as deletion within 24 hours, especially for popular and timely content.

11 Tips and traps

11.1 What are your top tips for protecting copyrighted works in your jurisdiction and what potential sticking points would you highlight?

To effectively protect copyrighted works in China, the following key strategies should be considered:

• Retain evidence of copyright ownership: To avoid disputes over copyright ownership and to facilitate the protection of the rights and interests of copyright owners, it is recommended to retain the negatives of photographic works, drafts, manuscripts and other process materials of other works. In case of public publication, it is recommended to:
• • sign the name on the work; and
  • keep proof of publication.
• It is also recommended to apply to the China Copyright Protection Centre for registration if possible, to provide stronger legal standing and facilitate enforcement against infringement.
• Explicit agreements on rights and obligations for special works: When a company and an employee enter into an employment contract, if the duties and responsibilities of the relevant position may involve copyright, copyright issues should be explicitly agreed in the employment contract or a supplementary agreement.
• Standardise the content of copyright authorisation: When enterprises license copyrights, it is recommended to clearly stipulate in the contract matters such as:
• • the specific rights to be licensed; and
  • the nature of the licensed use.
• The use of vague expressions such as 'exclusive right' should be avoided, to ensure that the facts can be accurately determined in case of disputes.
• Be vigilant in monitoring the use of copyrighted works: Staying active in monitoring potential infringements helps to prevent unauthorised use and minimise the risk of loss. Timely action against infringers demonstrates seriousness and deters further violations.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.