Laws of the People's Republic of China

    Article 1  These Regulations for the Implementation are formulated in
accordance with Article 54 of the Copyright Law of the People's Republic of
China (hereinafter referred to as "the Copyright Law").

    Article 2  The term "works" as used in the Copyright Law means
intellectual creations with originality in the literary, artistic or
scientific domain, insofar as they are capable of being reproduced in a
tangible form.

    Article 3  The term "creation" as used in the Copyright Law means
intellectual activities that directly create literary, artistic or scientific
works.

    Any organizational work, consultation, material support or other
auxiliary services offered to the creation of other shall not be deemed as
creation.

    Article 4  For the purposes of the Copyright Law and these Regulations,
the following expressions concerning works shall have the meanings hereunder
assigned to them:

    (1) "written works" means works expressed in written form, such as novels,
poems, essays, and theses;

    (2) "oral works" means works which are created in spoken words and have
not been fixed on any material carrier, such as impromptu speeches, lectures
and court debates;

    (3) "musical works" means such works as symphonic works and songs, with
or without accompanying words, which can be sung or performed;

    (4) "dramatic works" means such works as dramas, operas and local
traditional operas which are used for stage performance;

    (5) "quyi works" means such works as "xiang sheng" (cross talk),
"kuaishu" (clapper talk), "dagu" (ballad singing with drum accompaniment) and
"pingshu" (story telling based on classical novels), which are all used for
performance involving mainly recitation or singing, or both;

    (6) "choreographic works" means works which are or can be expressed in
successive body movements, gestures and facial movements;

    (7) "works of fine arts" means two- or three-dimensional works of the
plastic arts created in lines, colours or other media which impart aesthetic
effect, such as paintings, works of calligraphy, sculptures and works of
architecture;

    (8) "photographic works" means the kind of artistic works created by
recording images of objects on light-sensitive materials with the aid of
devices;

    (9) "cinematographic, television and videographic works" means works
which are recorded on some material consisting of a series of images, with or
without accompanying sound, and which can be projected or broadcast with the
aid of suitable devices;

    (10) "drawing of engineering designs and product designs, and their
descriptions" means drawings designed for the purpose of actual construction
and manufacturing, and the description contained in the said drawings;

    (11) "maps, diagrammatic sketches and other graphic works" means two- or
three-dimensional works showing geographical phenomena or demonstrating the
fundamentals or the structure of a thing or an object, such as geographical
maps, circuit plans or anatomical drawings.

    Article 5  For the purposes of the Copyright Law and these Regulations,
the following expressions concerning modes of exploitation of works shall
have the meanings hereunder assigned to them:

    (1) "reproduction" means the act of producing one or more copies of a
work by printing, photocopying, copying, lithographing, making a sound
recording or video recording, duplicating a photographic work, or by other
means;

    (2) "performance" means the public presentation of a work by performing
music or drama, reciting a poem, or doing similar acts through vocal sound,
facial movements and body movements, directly or with the aid of technical
devices;

    (3) "broadcasting" means the communication of works through wireless
radio waves or cable television system;

    (4) "exhibition" means the public display of the original copies or
reproductions of works of fine arts and photograph;

    (5) "distribution" means the provision of a certain number of copies of a
work to the public through selling, renting or other means, insofar as the
said number of copies satisfy the reasonable needs of the public;

    (6) "publication" means the public distribution of copies of the edited
version of a work;

    (7) "the making of cinematographic, television or video works" means the
fixation for the first time of a work on a certain carrier by way of
cinematographic production or similar means. The mere mechanical recording of
a performance or scenery shall not be regarded as the making of the
above-mentioned works;

    (8) "adaptation" means the creation of new works with originality on the
basis of preexisting ones by changing their original forms of expression or
their purposes for use;

    (9) "translation" means the conversion of the language of a work into
another language;

    (10) "annotation" means the explanation of the characters, words and
sentences used in a written work;

    (11) "compilation" means the creation of a work by assembling a number of
selected pre-existing works, in whole or in part, according to an arrangement
designed for a specific purpose;

    (12) "arrangement" means the re-editing of pre-existing written works or
materials that are in a fragmented and poorly ordered state so as to turn
them into a systematic and orderly state, such as the glossing and repairing
of ancient classics.

    Article 6  For the purposes of the Copyright Law and these Regulations,
the following expressions shall have the meanings hereunder assigned to them:

    (1) "news on current events" means the mere facts or happenings conveyed
by newspapers, periodicals and radio and television programmes;

    (2) "sound recordings" means the original recordation of any sound;

    (3) "video recordings" means the original recordation of a connected
series of related images, with or without accompanying sounds, other than
cinematographic and television and videographic works;

    (4) "radio and television broadcasts" means the programmes communicated
by a radio or  television  station by  means of  diffusing signals carrying
sounds or images or both;

    (5) "producer of sound recordings" means a person who makes sound
recordings;

    (6) "producer of video recordings" means a person who makes video
recordings;