Application ProcessCopyright refers to a collection of personal rights and property rights entitled by the creators of literary, artistic and scientific works and other copyright holders of those works according to the law.
In accordance with Article 3 of the PRC Copyright Law, the works protected include those in any of the following forms:
(1) Written works;
(2) Oral works;
(3) Musical, dramatic, quyi, choreographic and acrobatic works;
(4) Works of the fine arts and architecture;
(5) Photographic works;
(6) Cinematographic works and works created by a process analogous to cinematography;
(7) Graphic works such as drawings of engineering designs and product designs, maps and sketches, and model works;
(8) Computer software; and
(9) Folklore
In accordance with Article 5 of the PRC Copyright Law, the protection shall not be applicable to:
(1)Works prohibited for publication and dissemination by the law;
(2)Works not applicable to being protected by the Copyright Law;
(3)Laws and regulations, resolutions, decisions and orders of State organs, other documents of a legislative, administrative or judicial nature and their official translations;
(4)News on current affairs; and
(5)Calendars, numerical tables and forms of general use, and formulas;
(6)Works which term of protection has been expired.
The term of protection of copyright:
(1)In respect of a work of a citizen, the term of protection for the right of publication and the property rights w shall be the lifetime of the author and fifty years after his death
(2)In respect of a work of a legal entity or other organization, the term of protection for the right of publication and the property rights shall be fifty years after the first publication of such work; however, such work shall no longer be protected under this Law if it is not published within fifty years after the completion of its creation.
Chinese copyright takes "voluntary registration" principle
Article 6 of the PRC Copyright Law provided that the creation of copyright works produced since the date of completion. Namely, China implements of a voluntary copyright registration system. Works whether it is registered or not, copyright legally obtained by the author or other copyright holders is unaffected.
After the work of voluntary registration, registration certificate issued by the registration agency is preliminary evidence of registration matters.
When the event of infringement disputes submitted to the courts or arbitral body, it can be used as evidence.
Application Process
I.Copyright Registration
The following documents shall be submitted:
1.Application for registration;
2.Author's identity documents;
3.Copyright attribution documents;
4.Work instructions;
5.Power Of Attorney and the Agent identification documents.
II.Computer Software Registration
The following documents shall be submitted:
1.Identification documents of the Applicant;
2.Original software copyright owner's consent or authorization; or
3.Document showing that the relevant rights have been inherited by the Applicant or transferred to him/her.
