China Copyright Law 2025: Key Rules Every Business Should Know
- GOMAXGROUP
- 6 days ago
- 2 min read
Overview of China's Copyright Law
China's Copyright Law governs the protection of creative works and intellectual property rights within the country. It aims to encourage creativity and innovation while providing legal frameworks for copyright holders to protect their works from unauthorized use.
Key Updates in the Most Recent Amendment
Increased penalties for copyright infringement.
Expanded definitions of what constitutes a copyrightable work.
Enhanced protection for digital content and online platforms.
Improvements in enforcement mechanisms, including expedited court processes.
Duration of Protection
The duration of copyright protection in China has been standardized to generally last for the life of the author plus 50 years. For corporate authorship, the protection lasts for 50 years from the date of publication.
What’s Covered (Works, Software, Music, Video, etc.)
Literary works (books, articles, etc.)
Artistic works (paintings, sculptures, etc.)
Musical compositions and sound recordings.
Software and computer programs.
Films and other audiovisual works.
Photographic works.
Enforcement Mechanisms
Enforcement of copyright in China includes civil litigation, administrative enforcement, and criminal prosecution for serious infringements. Courts have been empowered to handle copyright cases more efficiently, and there are specialized intellectual property courts in major cities.
Penalties for Infringement
Monetary damages based on the losses incurred by the copyright holder.
Statutory damages that can reach up to several million yuan.
Criminal penalties for severe cases, including fines and imprisonment.
Comparison with US/EU Laws
China's copyright law shares similarities with US and EU laws but also has distinct differences. For example:
Duration of protection is typically shorter in the US (life plus 70 years) compared to China's (life plus 50 years).
China has a more extensive approach to digital content enforcement compared to some EU countries.
US laws emphasize fair use, while China's regulations are more restrictive regarding exceptions.
Tips for Compliance
Conduct regular audits of your intellectual property to ensure compliance.
Educate employees on copyright laws and the importance of respecting others' rights.
Implement robust copyright management systems.
Consult legal experts when in doubt about copyright issues.
Stay updated on changes in copyright laws and regulations.