中国公共领域?(英文)

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Philip Jägenstedt

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Mar 25, 2007, 2:33:13 AM3/25/07
to Creative Commons Mainland China (CCChina)
大家好!

我是个来自瑞典的留学生。我的中文水平并不高,我只好用英文来写。

How long is the Chinese copyright term? More specifically, before
which date can works made in China considered to be "public domain",
unencumbered by copyright? Given that the first copyright law was
passed sometime the late 80s (what is the exact date?) does this mean
that any works made before that date are not copyrighted, or does the
law apply retroactively to older works as well?

我希望会有人回答!

菲利普

Philip Jägenstedt

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Mar 25, 2007, 8:55:47 AM3/25/07
to Creative Commons Mainland China (CCChina)
Thanks!

Looking at Article 21, the copyright term is life+50 years when held
by individuals. Works produced by an organization or corporation are
protected by copyright for 50 years. Copyright on cinematographic
works are also 50 years. In other words, movies produced on the
mainland before 1957 should no longer be encumbered by copyright.

This law entered into force on June 1, 1991. The most interesting
question is what applies to works produced before that date. Does
anyone know the answser to this or where I should turn to get an
answer?

My reason for asking is that I am a film enthusiast and want to make
some old Chinese films available through for example archive.org. It
would seem that anything before 1957 is OK, but anything between 1957
and 1991 isn't so clear yet.

菲利普

On 3/25/07, pope...@126.com <pope...@126.com> wrote:
> 你好:
> 我对这个问题也不是很清楚.
>
> 但是你可以参考下面这个中国知识产权局的网站,网址是:
>
> http://www.sipo.gov.cn/sipo_English/
>
> 希望你能找到答案.

zheng yi

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Mar 25, 2007, 12:48:58 PM3/25/07
to ccc...@googlegroups.com

Look at Article 59 (Copyright Law of P. R. C. Chapter Vl Supplementary Provisions ).

Article 59: The rights of copyright owners, publishers, performers, producers of sound recordings and video recordings, radio stations and television' stations as provided for in this Law, of which the term of protection specified in this Law has not yet expired on the date of this Law's entry into force, shall be protected in accordance with this Law.

Any infringements of copyright and the copyright-related rights or breaches of contract committed prior to the entry into force of this Law shall be dealt with under the relevant regulations or policies in force at the time when the act was committed.

Obviously, movies produced on the mainland between 1957 and 1991 are still protected by copyright law.

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