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Copyright Law of the People's Republic of China

Updated: 2015-07-28

Section 2 Performance

Article 36 A performer (an individual performer or a performing entity) who for a performance exploits a work created by another person shall obtain permission from, and pay remuneration to, the copyright owner. Where a performing organizer organizes a performance, the Organizer shall obtain permission from, and pay remuneration to, the copyright owner.

When exploiting, for performance, works created by adaptation, translation, annotation, arrangement or compilation of preexisting works, the performer shall both have the permission from, and pay remuneration to, the owners of the copyright in the works created by means of adaptation, translation, annotation, arrangement or compilation and the owners of the copyright in the original works.

Article 37 A performer shall, in relation to his performance, enjoy the right

(l) to claim performer ship;

(2) to protect the image inherent in his performance from distortion;

(3) to authorize others to make live broadcasts and public transmission of its or his performance and to receive remuneration;

(4) to authorize others to make sound recordings and video recordings, and to receive remuneration therefore.

(5) to authorize others to reproduce or distribute sound recordings and video recordings incorporating his performance, and to receive remuneration therefore; and

(6) to authorize others to communicate his performance to the public on information network, and to receive remuneration therefore.

The person so authorized who exploits the work in the way referred to in the preceding paragraphs (3) to (6) shall obtain permission from, and pay remuneration to, the copyright owner.

Article 38 The term of protection for the rights provided for in Article 37, paragraphs (1) and (2), of this Law shall not be subject to any limitation.

The term of protection for the rights provided for in Article 37, paragraphs (3) to (6), of this Law shall be fifty years, and expires on 31 December of the fiftieth year after the performance was made.

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