copyright-protection

Copyrights

Copyright Laws and Related Rules

Guangdong Province

For the laws, you can find more information from Copyright Law of the People’s Republic of China, implementing Regulations of the Copyright Law of the People’s Republic of China, Computer Software Protection Regulations, Publication Administration Regulations, and Measures for Implementation of the Administrative Punishment of Copyright, and other policies and rules relating to copyright.

Reference Website (Simplified Chinese)

The Hong Kong Special Administrative Region

For the laws, you can find more information from Copyright Ordinance (Cap. 528). The Ordinance will be effective on 27 June 1997. After that, the Ordinance, which has myriads of adjustments for improvements and modernization, is in line with the related standards for protecting copyright mentioned in the international conventions, and balance the copyright owners’ rights and society ‘s interest all together.

The Ordinance is reviewed by the Hong Kong Special Administrative Region (HKSAR) Government with the aim of reinforcing copyright protection in the ever altering digital environment. The legislative work began after different parties have reached a consensus.

The Ordinance will be effective on 29 May 1998. The purpose of the Ordinance is to control optical disc manufacturers in the HKSAR to fight the production of pirated optical discs. If anyone wants to produce optical discs in the HKSAR, license should be applied for from the Customs and Excise Department (C&ED). The premise that produces the optical discs should be licensed. Manufacturer’s code needs to be marked on the optical discs which are produced by a licensed manufacturer, for the aim of identification. The Ordinance has myriads of adjustments. One big modification is being effective on 1 April 2001, with the purpose of deterring bootlegging activity in places of public entertainment. If anyone brings any video recording equipment into a cinema, theatre or concert hall without lawful authority or reasonable excuse, under the amended ordinance, a criminal offence is committed.

Copyrights in Hong Kong SAR Reference Website

The Macao Special Administrative Region

The Code of Author’s Right and Related Rights was supported by Decree-Law no. 43/99/M on 16 August 1999 and was effective on 1 October 1999.
The Code includes 6 chapters and 223 articles, regulating the content, relegation, protection period, international protection scope and usage of the author’s right, and as well as the legal responsibility for action of infringing the right of the author.

Reference Website

Categories of Work subject to Copyright Protection

Guangdong Province

Under Article 3 of the Copyright Law of the People’s Republic of China, “Works” for the copyright law’s protection, contains the work of literature, art, natural sciences, social sciences, engineering and technology made in written forms, oral works, musical, dramatic, singing, choreographic and acrobatic works, works of fine arts and architecture, photographic works, cinematographic works and works made by a process similar to cinematography, graphic works (e.g. drawings of engineering designs and product designs, maps and sketches, and model works), computer software, and other works as offered in laws and administrative regulations.

The Hong Kong Special Administrative Region

Under the Copyright Ordinance, original literary works (such as books and computer software), musical works (e.g. musical compositions), dramatic works (e.g. plays) and artistic works (e.g. drawings, paintings and sculptures), sound recordings (e.g. compact discs), films (as well as music videos), broadcasts, cable programmes, and typographical arrangement of published editions of literary, dramatic or musical works are protected by copyright.

Copyright obtains the right automatically, which born at the time of creating or recording the work. There are no registration formalities for a copyright owner to get copyright protection.

Works created in or outside Hong Kong will be protected under the Copyright Law, regardless of the nationality and residence of the authors.

Besides, live performers will be protected by a separate right to avert from the unauthorized exploitation of their performances, e.g. making a fixation of the performance or broadcasting the performance on live.

The Macao Special Administrative Region

The Author’s Right Law gives protection that presumes the manifestation of the work.

According to the Code, for the original one, literary, journalistic, scientific and other writings, including computer programmes, lectures, speeches, addresses and sermons, dramatic and dramatic-musical works and the direction thereof, works of choreography or mime (in written or any other form), musical compositions (with or without words), cinematographic, television, video and other audiovisual works, works of drawing, tapestry, painting, sculpture, ceramics, glazing, engraving, lithography and architecture, photographic works and works produced by processes analogous to photography, works of applied art, industrial designs or models and designer works that comprise of artistic creations, illustrations and maps, plans, sketches and three-dimensional works regarding architecture, geography or other sciences, slogans or mottoes (even if of an advertising nature), parodies and other literary or musical compositions (even if inspired by the theme or subject of another work) and databases and other compilations (be original in the arrangement of their subject matter or the selection of their contents) are protected works.

The right of the author will automatically become a right in the Macao SAR. After finishing the work, notwithstanding its disclosure, publication, use or economic exploitation, the author can get protection from the law without any registration formalities. Yet the right of author is generally prescriptive right. According to the law, the right will last for 50 years after the death of the creator, even for the situation that disclosing or publishing the work posthumously. However, the genuine protection period of work may rely on the classification of the work.

Not only the right of author needs to be protected by the Code, but also the performers, producers of phonograms and videograms, broadcasting organizations and performance contractors who obtained other author’s right should be protected by law.

Exclusive Rights of Copyright Owners

Guangdong Province

Under Article 10 of the Copyright Law of the People’s Republic of China, there are personal rights and property rights including in the copyright.

  1. First, the right of publication (to decide whether to make a work accessible to the public) is included in the copyright.
  2. Second, the right of authorship (to state authorship in respect of, and to have the name of author stated with regard to a work) is included in the copyright.
  3. Third, the right of revision (to revise or authorize others for revision of a work) is included in the copyright.
  4. Forth, the right of integrity (to protect a work against distortion and mutilation) is included in the copyright.
  5. Fifth, the right of reproduction (to produce one or more copies of a work by printing, photocopying, lithographing, making a sound recording or video recording, duplicating a recording, or duplicating a photographic work, or by other means) is included in the copyright.
  6. Sixth, the right of distribution (to provide the original copy of reproductions of a work to the public by selling or donating) is included in the copyright.
  7. Seventh, the right of rental (to authorize others to use temporarily a cinematographic work or a work created by a process similar to cinematography, or computer software, excluding where the software is not the necessary object of the rental) is included in the copyright.
  8. Eighth, the right of exhibition (to publicly display the original copy or reproductions of a work of the fine arts or of a photographic work) is included in the copyright.
  9. Ninth, the right of performance (to perform a work in public and to openly communicate the work’s performance by any means or process) is included in the copyright.
  10. Tenth, the right of presentation (to present a work of the fine arts, a photographic work, a cinematographic work, a work created by a process analogous to cinematography, or other works, by projector, slide projector or any other technology or instrument in public) is included in the copyright.
  11. Eleventh, the right of broadcasting (to broadcast a work or distribute it to the public by any wireless means, to communicate the broadcast of a work to the public by wire or by rebroadcasting, and to openly communicate the broadcast of a work by loudspeaker or any other similar instrument transmitting signs, sounds or images) is included in the copyright.
  12. Twelfth, the right of communication through information network (to make a work accessible to the public by wireless means, thus, people may have access to the work from a place and at a time independently selected by them) is included in the copyright.
  13. Thirteenth, the right of cinematography (to fix a work’s adaptation in a medium by cinematography or a process similar to cinematography) is included in the copyright.
  14. Fourteenth, the right of adaptation (to change a work into a new one with originality) is included in the copyright.
  15. Fifteenth, the right of translation (to change the language which is used to write the work) is included in the copyright.
  16. Sixteenth, the right of compilation (to compile through selecting or arranging of pre-existing works or passages there from into a new work) is included in the copyright.
  17. Seventeenth, other rights to be enjoyed by copyright owners are included in the copyright.

Authorization may be needed for the owners of copyright to use the rights given under Subparagraphs (5) to (17) of the preceding paragraph and obtain compensation under the terms of contracts or the related provisions set in this law.

Rights given under Subparagraphs (5) to (17) of the first paragraph in this Article can be transferred to anyone by the owners of copyrights completely or partly. The owners of copyrights can obtain remuneration according to the terms of contracts or the related provisions set in this law.

The Hong Kong Special Administrative Region

In general, the copyright work’s author is the copyright’s first owner.

When the works are created by the employees in the area relating to the employment, the first copyright owner of the works is the employer, except for the situation that alternative agreement has been made. When there is commissioned works, the copyright’s ownership relies on the agreement between the author and the commissioner of the work.

Copyright, being a private property right, is transferable by assignment or by testamentary disposition.

An exclusive right to work can be enjoyed by a copyright owner. Restriction to any third party from doing particular acts without permission can be implemented. The particular scenarios involve copying of work, issuing work copies to the public, renting work copies, e.g. a computer programme, a sound recording, a film and a comic book, to the public, making available work copies to the public (for example, through the Internet), performing, showing or playing the work in public, broadcasting the work or including it in a cable programme service, making adaptations of the work.

If anyone does not have work license of the copyright owner or violates any restrictions under the copyright, he or she has done an infringement act on the copyright, and will bear legal responsibility. To gain a balance between the copyrights owners’ right and the need of public for logical use of copyright works, under specific situations, particular acts are permitted under the Copyright Law.

Using work under particular approved situations is not an infringement act on the copyright. The permitted acts contain fair dealing with the work in order to do research or private study, for the aim of criticism, review or news reporting, logical use of the work at libraries, archives and schools.

The Macao Special Administrative Region

The right of author is the right to his or her works. Generally, work is created by the authors’ creation, and the right to the work should be owned by author.

Yet, because of the diversity of the ways to generate work, under particular conditions, creator may not own the right of author. Under the Code, in fulfilling the official duties or under an employment contract, the owner of the economic rights in a work which created representing another party will be decided according to the agreement in advance.

Personal rights and economic rights in the protected work should be protected by the author. Personal rights should have no relation with the economic rights, as they are “inalienable”, “unrenounceable” and “imprescriptible”. After the death of the author, if the works do not categorized in public domain, the successor will acquire the exercise of personal rights. The responsibility of the Macao SAR is to protect the authenticity and integrity of works in the public domain.

Personal rights of the author contain keeping the work unpublished, claiming the work’s authorship, being identified as the author on the original, on each copy and in any publicity, withdrawing author’s works from circulation mentioned in the law, making sure the authenticity and integrity of author’s work and objecting to any disfigurement or bend and generally to all and any acts that detract from it and might unfavorably influence author’s honour and reputation.

Economic rights involve using and economically exploiting the work, authorizing its use and economic exploitation completely or partly by a third party and receiving remuneration for the use by others on the work, where the permission of the author for that use is constricted by law.

Under the Code, the exclusive right to use his or her work should be owned by the author partly or completely. Exclusive right includes the right to disclose, publish and economically utilize it in any form, directly or indirectly, inside the law’s limitations.

The advantages arisen from exploiting the work are the legal protection’s general purpose.

Exclusive right is to freely opt for the process and conditions for using and economically exploiting the work, and taking any known or unknown form in accordance with the genre and nature of the work in economic exploitation of the work, and its use generally.

Under the Code, the exclusive right to carry out or authorize publication by printing or by any other methods of graphic reproduction, performance, recitation, execution, display or presentation in public, cinematographic reproduction, adaptation, performance, distribution and presentation, communication to the public by wire or wireless means, distribution to the public of the original or copies of the work by any means, translation, adaptation, arrangement of the work, total or partial, permanent or temporary, direct or indirect reproduction of the work and construction of an architectural work according to the related plans should be included by the author.

The said exclusive rights are jointly independent. The author or an authorized user should not have prejudice on adopting other forms when adopting one of the exclusive rights.

There are two purposes for Copyright Law:

  1. The first purpose is to protect the author’s and other copyright holder’s interests.
  2. The second one is to promote broad communication of information.

Under the Code, private use for the protected works should be regulated. The private use for the protected works should be used freely, especially for the situation, e.g. work’s reproduction exclusively for the private purposes of the person who does it, and the dramatic or dramatic-musical work’s performance, the cinematographic work’s showing, the literary work’s narration, the musical work’s performance and any other action of communication of a work already disclosed or published, when done without profitable aim and where opened to the public.

In addition, without author’s permission, there are acts of using the works lawfully. The acts include the partial or total reproduction of already published or disclosed works which is done by a public library, non-commercial documentation centre or scientific institution and that the reproduction is not aimed for the public and is restricted to the institution’s own activities’ requirements, partial reproduction by educational establishments that is entirely for teaching purposes in those establishments and without lucrative purpose, the inclusion in one’s own work of quotations or summaries from another’s, no matter what their nature is, in favor of one’s own opinions or with the aim of criticism, discussion or teaching, and the fixation of works of art placed in public places by means of photography, cinematographer, cinematography or other similar means.

As fair use of protected works in private is permitted by the law, normally economically exploiting protected work and unjustifiably prejudicing the author’s legitimate interests should not be done.

Liability of Business End-Users

Guangdong Province

Under the Copyright Law, Computer Software Protection Regulations and related judicial interpretations, legal responsibility for infringement reproduction acts will be needed to be borne by the business end-user.

Under Item 1 of Article 48 of the Copyright Law, anyone behaves the infringement act of “reproducing, distributing, performing, presenting, broadcasting, compiling a work or making it accessible to the public through information network, without the permission of the copyright owner”, excluding for the one supported by law, he or she will “depending on the circumstances, bear the civil liabilities which include ceasing the infringement, eliminating the impacts, making an apology, paying compensation for damages”. If there is harm to the public rights and interest, the infringer will be ordered by the administrative department for copyright to “discontinue the infringement, confiscate his unlawful gains, confiscate or destroy the infringing reproductions and may also be imposed a fine”. If the situation is solemn, the administrative department for copyright will “confiscate the materials, tools and instruments mainly used to produce infringing reproductions”. If there is constitution of crime, there will be investigation of criminal liabilities as said by the law.

Under Item 1 of Article 24 of the Computer Software Protection Regulations issued on 20 December, 2001, excluding for the one supported by law, if anyone behaves infringement act of “reproducing wholly or partially the software of the copyright owner, the infringer shall “depending on the circumstances, bear the civil liabilities which include ceasing the infringement, eliminating the impacts, making an apology, paying compensation for damages”. If there is harm to the public rights and interest, the infringer will be ordered by the administrative department for copyright to “discontinue the infringement, confiscate his unlawful gains, confiscate or destroy the infringing reproductions and may also be imposed a fine”. If the situation is solemn, the administrative department for copyright will “confiscate the materials, tools and instruments mainly used to produce infringing reproductions”. If there is constitution of crime, there will be investigation of criminal liabilities as said by law under the provisions of the Criminal Law on crime of infringing the copyright and crime of selling the infringing reproductions.”

Under Article 21 of the Interpretation of the Supreme People’s Court on some issues regarding the application of law in trial of copyright civil dispute cases (Law Interpretation [2002] No. 31), “the computer software user uses commercially the computer software without permission or uses it beyond permission scope, he or she shall bear the civil liabilities under provisions of item 1 of Article 48 of the Copyright Law and item 1 of Article 24 of the Computer Software Protection Regulations.”

Under Article 30 of the Computer Software Protection Regulations, for the situation that “the holder of the software reproduction who does not know or has no reasonable grounds to know that the software is an infringing reproduction”, the one shall not bear the compensation responsibility. Yet, he or she should stop using and destroy the infringing reproduction. If stop using and destroying the infringing reproduction would lead to a huge loss to the reproduction user, the reproduction user may continue the use after making a reasonable payment to the software’s copyright owner.

The Hong Kong Special Administrative Region

Legal liabilities for making use of any infringing copy of a copyright work in the business’s area need to be borne by a business end user which refers to an organization which makes use of copyright works in the business’s area, yet not for selling purpose.

Possession of an Infringing Copy of a Copyright Work

If an infringing copy of a copyright work for the use of the business’s area is possessed intentionally by a business organization, civil liability will be borne by the organization or individual. Moreover, if the copyright work is a computer programme, movie, TV drama or musical recording (including musical visual and sound recording), criminal offence will be committed by the business organization and the directors or partners who are in charge of the internal management.

Parallel-imported Copies of Copyright Works

Parallel-imported copy of a copyright work for business’s use may be possessed by a business organization. There are few restrictions. First, the aim of using the parallel-imported work must not be commercial dealing (including selling, hiring or distributing for profit). Second, for the movie, TV drama or musical recording (including musical sound or visual recording), as parallel-imported work playing or showing in public is not allowed.

The mentioned restrictions, yet, are not fitted for parallel-imported copies of computer software. Hence, it is legal for business organization to import or possess parallel-imported copies of computer software for commercial dealing purposes.

If the mentioned restriction is violated, the regarding business organization needs to bear the civil liability. Moreover, if the organization imported the parallel-imported copy of work to Hong Kong within 15 months from publishing the work anywhere in the world, the regarding organization and directors or partners that are in charge for the internal management of the organization will bear the civil liability and commit a criminal offence.

Copying and Distributing Infringing Copies of a Copyright Work

If a copyright work is copied or the infringing copies of the work for business’ use are distributed, without the permission of the copyright owner, the regarding business organization may need to bear civil liability.

Moreover, if copyright works published in books, newspapers, magazines or periodicals are copied by the organization regularly or frequently, or the infringing copies of the work for business’ use are distributed, without the permission of the copyright owner, and the number or value of the copies is out of the numeric limits (“safe harbor”) stated in the Copyright Law, the regarding business organization being in charge of the internal management of the organization may bear civil liability and commit a criminal offence.

In general, parallel-imported copies of copyright works are the genuine copies that are made outside Hong Kong and initially used for selling in markets outside the SAR, but are then imported into the Hong Kong without the copyright owner’s permission.

The Macao Special Administrative Region

Not applicable

Duration of Copyright Protection

Guangdong Province

Under the Copyright Law of the People’s Republic of China, there is no time limit set on the term of protection for a right of author of authorship and revision and his right for integrity protection.

Regarding the citizen’s work, the right of publication, reproduction, distribution, rental, exhibition, performance, showing, broadcasting, communication through information network, cinematography, adaptation, translation, compilation and other rights enjoyed by copyright owners, the time for protecting publishing rights or the right of author should last for the lifetime of the author, and expire on 31 December of 50 years after his death, under Subparagraphs (5) to (17) of the first paragraph in Article 10 of the Copyright Law of the People’s Republic of China. Regarding the joint authorship work, the expiration of the term will be 1 December of the 50th year after the death of the last surviving author.

Regarding the work of a legal entity or other organization, or the work generated in the employment area, and the copyright (excluding the right of authorship) enjoyed by a legal entity or other organization, the expiration of protecting the right of publication, reproduction, distribution, rental, exhibition, performance, showing, broadcasting, communication through information network, cinematography, adaptation, translation, compilation and other rights enjoyed by copyright owners will be 50 years, expiring on 31 December of the 50th year after publishing the work.
Yet, the work which is not published within 50 years after the finish of the work will not be protected under the Copyright Law of the People’s Republic of China.

Regarding a cinematographic work, a work created by a process similar to cinematography or a photographic work, the expiration of protecting right of publication, reproduction, distribution, rental, exhibition, performance, showing, broadcasting, communication through information network, cinematography, adaptation, translation, compilation and other rights enjoyed by copyright owners will be 50 years, expiring on 31 December of the 50th year after first publishing the work. Yet, the work which is not published within 50 years after the finish of the work will not be protected under the Copyright Law of the People’s Republic of China.

The Hong Kong Special Administrative Region

In general, the copyright will end at the 50 years after the death of the creator. Yet, there are minor changes that vary on the types of work or individual situations.

Type of Copyright Work/Right Duration of Copyright Protection

For the original literary, musical, dramatic or artistic works, the duration of right is from the date the work is made until 50 years after the author dies. For sound recordings, the right duration is 50 years after the recording is made or released. For films, the right lasts from the date the film is completed until 50 years after the last creator passes away. The creators are the principal director, the author of the screenplay, the author of the dialogue and the composer of music specifically created for and used in the film. For broadcasts, the right duration is 50 years after broadcast. For cable programmes, the right duration is 50 years after inclusion in the cable programme service. For typographical arrangements of published editions of literary, dramatic or musical works, the right duration is 25 years after first publication. For performers’ rights, the right duration is 50 years after performance or release.

The Macao Special Administrative Region

According to the Code, without any particular permission, the right will last for 50 years after the death of the creator, even for the works disclosed or published posthumously. For the work of joint authorship, the right will last for 50 years after the death of the last surviving co-creator. For collective work, the right will last for 50 years after the first disclosure or publication. For anonymous work, the right will last for after the first disclosure or publication.

For the original literary, musical and artistic works, the right duration is 50 years after the death of creator. For the audiovisual works, the right duration is 50 years after announcement. For the applied art works, the right duration is 25 years after completion. For the photographic works, the right duration is 25 years after completion. For the rights for performer, the right duration is 50 years after deduction or performance. For the rights for producer of phonograms and videograms, the right duration is 50 years after fixation. For the rights for broadcasting organization, the right duration is 20 years after broadcast.

The work will be owned by the public after the expiry date. The Macao SAR government will be in charge of its integrality and protection of authorship.

Means of Relief for Infringement of Copyright

Guangdong Province

Situations Where Civil Remedies Are Applicable

Under Article 47 of the Copyright Law of the People’s Republic of China, if anyone commits the infringing act below, depending on the situations, he or she needs to bear civil liabilities e.g. ceasing the infringement, eliminating the impacts, making an apology or paying compensation for the damages caused. The infringing acts are publishing a work without the copyright owner’s permission or a work of joint authorship yet created solely by oneself, having one’s name stated as author in another person’s work in the creation which one has taken no part of without other co-authors’ permission so as to look for personal fame and gain, distorting or mutilating a work created by another person, plagiarizing a work created by another person, exploiting a work for exhibition or cinematography or a process similar to cinematography, or for adaptation, translation, annotation, or other purposes, without the copyright owner’s permission, excluding the one supported by law, exploiting a work created by another person without paying remuneration as one should, renting a cinematographic work or a work created by a process similar to cinematography, computer software, or products of sound recording or video recording, without copyright owner’s or rights owner’s permission regarding the copyright, excluding the one supported by law, exploiting the typographical design of a published book or periodical, without the publisher’s permission, live broadcasting, communicating to the public, or recording a performance, without performer’s permission or committing other acts infringing on the copyright and the rights about the copyright.

Situations Where Civil and Administrative Remedies Are Applicable

Under Article 48 of the Copyright Law of the People’s Republic of China, if anyone commits the infringing act below, depending on the situations, he or she needs to bear civil liabilities e.g. ceasing the infringement, eliminating the impacts, making an apology or paying compensation for damages. If there is harm on the public rights and interests, the infringer will be asked by the administrative department for copyright to discontinue the infringement, confiscate the unlawful gains, confiscate or destroy the infringing reproductions and may also impose a fine. If the cases are serious, the administrative department for copyright may confiscate the materials, tools and instruments are mainly used to produce infringing reproductions. If there is constitution of a crime, criminal liabilities should be investigated according to the law.

The infringing acts are reproducing, distributing, performing, presenting, broadcasting, compiling a work or making it accessible to the public through the information network, without the copyright owner’s permission, excluding the one supported by law, publishing a book the exclusive right of publication in which is enjoyed by another person, reproducing or distributing a sound recording or video recording of a performance, or making a performance accessible to the public through the information network without the performer’s permission, excluding the one supported by law, reproducing or distributing a product of sound recording or video recording or making it accessible to the public through information network without producer’s permission, excluding the one supported by law, rebroadcasting a radio or television programme or reproducing such a programme without permission, excluding the one supported by law, purposely circumventing or sabotaging the technological measures used by a copyright owner or a right’s owner regarding the copyright to protect the copyright or the rights regarding the copyright in the work or products of sound recording or video recording without owner’s permission, excluding the one supported by law or administrative regulations, purposely removing or changing any electronic rights management information attached to a copy of a work, a product of sound recording or video recording, etc. without the copyright owner’s or rights owner’s permission regarding the copyright, excluding the one supported by law or administrative regulations, or producing or selling a work that the authorship of which is counterfeited.

Situations Where Criminal Remedies Are Applicable

Under Article 217 of the Criminal Law of the People’s Republic of China, if anyone commits any infringing act on copyright for the aim of gaining profits, he or she will be sentenced to a fixed-term imprisonment of between 3 and 7 years, and at the same time as be subject to a fine if the situations are in serious condition. The infringing acts are reproducing and distributing, without copyright owner’s permission, his or her written works, musical works, cinematographic works, television works, video works, computer software and other works, publishing a book of which other has the exclusive publishing right, reproducing and distributing, without phonogram’s or videogram producer’s permission, the phonogram or videogram generated by the producer, or producing and selling a work of art bearing the forged signature of another individual.

Under Article 218 of the Criminal Law of the People’s Republic of China, if anyone sells with the aim of reaping profits and knows that the relevant products are infringing reproductions stated in Article 217 of this law, he or she will be sentenced to fixed-term imprisonment of less than or equal to 3 years or criminal detention, and at the same time as or separately be subject to a fine, if there are huge illegal gains.

Related Provisions for Remedy

If anyone infringes on the copyright or a right relevant to copyright, he or she should pay reimbursement for the actual losses of the right owner. If the actual losses cannot be determined, the reimbursement will be the amount of the infringer’s unlawful gains. The reimbursement should involve the right owner’s logical expenses for forbidding the infringement. If the actual losses of the right owner or the unlawful gains of the infringer are difficult to calculate, the People’s Court should evaluate the amount of reimbursement up to RMB 500,000, considering the infringement’s situation.

Provided that the copyright owner or a rights’ owner related can prove that there is the infringement act on his or her right with convincing evidence, unless the infringement act stops immediately, there will be irretrievable damage to the legitimate rights and interests, then the infringed one may ask the People’s Court to forbid the related act and preserve the property before filing a lawsuit.

For forbidding the infringement act, the copyright owner or a rights’ owner related can ask the People’s Court to preserve the evidence before filing a lawsuit if there are difficulties of obtaining evidence or preserving the evidence. Applicant may be asked to offer a surety to the People‘s Court. Without offering surety, the application may be turned down.

For the infringing act on copyright or the related right, unlawful gain, the infringing reproductions and money and things of value used for illegal activities will be confiscated by the People’s Court.

If a publisher or a producer of reproductions fails to prove that he or she is legally authorized in publishing or producing of the reproductions, the regarding party should bear legal liabilities. If a distributor or a renter of reproductions of a cinematographic work or a work generated by a process similar to cinematography, computer software, sound recording or video recording fails to prove the legal source of the reproduction, the regarding party should bear legal liabilities.

If there is any conflict over copyright, mediation may be needed. Arbitration agreement between the parties or the arbitration clause in the copyright contract needs to be done to an arbitration body for arbitration.

If there is no written arbitration agreement between the parties or an arbitration clause in the contract, legal proceedings may be taken by the regarding party straightforwardly in the People‘s Court. More can be referred to Articles 47-55 of the Copyright Law of the People’s Republic of China and Articles 217-218 of the Criminal Law of the People’s Republic of China.

The Hong Kong Special Administrative Region

Civil Liability

Civil proceedings can be brought by a copyright owner against the infringers in court. An injunction can be granted by the court to avoid further infringing acts and ask the infringer to hand out all infringing items, reveal infringement’s details and give the profits’ account obtained from the infringement or compensate to the copyright owner.

Criminal Liability

C&ED of the HKSAR is in charge of accomplishing criminal investigation into infringement activities. Criminal prosecution will be created by the Department of Justice against the suspected infringers. Anyone can inform Hong Kong Customs and Excise Department (C&ED) about the infringement related crimes. Concerning the business end-user’s criminal liability mentioned in Section 4.4, the business end-users on conviction need to bear a term of imprisonment up to 4 years and a maximum fine of HK$50,000 per infringing article.

The Macao Special Administrative Region

Through measures of administration and jurisdiction, in the Macao SAR, the remedy for author’s right and related right infringement can be acquired.

A relative protection, which is the administrative protection in the field of intellectual property, is available in Macau. Preventing, striking, forbidding infringing activities in intellectual property are what the administrating and enforcing department does. For the situation of author’s right and related right, an action for protecting the own right can be done by the right owner with the Macao Customs and other empowered entities.

What judicial measures of protection Macau SAR adopts in intellectual property area is one kind of relative protections. For the situation of author’s right and related right, legal process at judicial authorities can be used by the right owner to solve the conflict. Thus, sanction is imposed on the infringer against the infringement, so as to prevent violating the right of owner. Hence, interest of the right owner of author’s right and related rights can be guarded.