第十一条 著作权属于作者,本法另有规定的除外。
Article 11 Except where otherwise provided in this Law, the copyright in a work shall belong to its author.
创作作品的公民是作者。
The author of a work is the citizen who has created the work.
由法人或者非法人单位主持,代表法人或者非法人单位意志创作,并由法人或者非法人单位承担责任的作品,法人或者非法人单位视为作者。如无相反证明,在作品上署名的公民、法人或者非法人单位为作者。
Where a work is created according to the will and under the sponsorship and the responsibility of a legal or entity without legal personality, such legal person or entity without legal personality shall be deemed to be the author of the work. The citizen, legal person or entity without legal personality whose name is indicated on a work shall, in the absence of proof to the contrary, be deemed to be the author of the work
第十二条 改编、翻译、注释、整理已有作品而产生的作品,其著作权由改编、翻译、注释、整理人享有,但行使著作权时,不得侵犯原作品的著作权。
Article 12 Where a work is created by adaptation, translation, annotation or arrangement of a pre-existing work, the copyright in the work thus created shall be enjoyed by the adaptor, translator or arranger, provided that the exercise of such copyright shall not prejudice the copyright in the original work.
第十三条 两人以上合作创作的作品,著作权由合作作者共同享有。没有参加创作的人,不能成为合作作者。合作作品可以分割使用的,作者对各自创作的部分可以单独享有著作权,但行使著作权时不得侵犯合作作品整体的著作权。
Article 13 Where a work is created jointly by two or more co-authors, the copyright in the work shall be enjoyed jointly by those co-authors. Any person who has not participated in the creation of the work may not claim the co-authorship.If a work of joint authorship can be separated into independent parts and exploited separately, each co-author may be entitled to independent copyright in the parts that he has created, provided that the exercise of such copyright shall not prejudice the copyright in the joint work as a whole.
第十四条 编辑作品由编辑人享有著作权,但行使著作权时,不得侵犯原作品的著作权。编辑作品中可以单独使用的作品的作者有权单独行使其著作权。
Article 14 The copyright in a work created by compilation shall be enjoyed by the compiler, provided that the exercise of such copyright shall not prejudice the copyright in the preexisting works included in the compilation. The authors of such works included in a compilation as can be exploited separately shall be entitled to exercise their copyright in their works independently.
第十五条 电影、电视、录像作品的导演、编剧、作词、作曲、摄影等作者享有署名权,著作权的其他权利由制作电影、电视、录像作品的制片者享有。
Article 15 The director, screenwriter, lyricist, composer, cameraman and other authors of a cinematographic, television or video-graphic work shall enjoy the right of authorship in the work, while the other rights included in the copyright shall be enjoyed by the producer of the work.
电影、电视、录像作品中剧本、音乐等可以单独使用的作品的作者有权单独行使其著作权。
The authors of screenplay, musical works and other works that are included in a cinematographic, television or video-graphic work and can be exploited separately shall be entitled to exercise their copyright independently.
第十六条 公民为完成法人或者非法人单位工作任务所创作的作品是职务作品,除本条第二款的规定以外,著作权由作者享有,但法人或者非法人单位有权在其业务范围内优先使用。
Article 16 A work created by a citizen in the fulfillment of tasks assigned to him by a legal person or entity without legal personality shall be deemed to be a work created in the course of employment. The copyright in such a work shall, subject to the provisions of the second paragraph of this Article,be enjoyed by the author, provided that the legal person or entity without legal personality shall have a right of priority to exploit the work within the scope of its professional activities.
作品完成两年内,未经单位同意,作者不得许可第三人以与单位使用的相同方式使用该作品。
During the two years after the completion of the work, the author may not, without the consent of the legal person or entity without legal personality, authorize a third party to exploit the work int the same way as the legal person or entity without legal personality does.
有下列情形之一的职务作品,作者享有署名权,著作权的其他权利由法人或者非法人单位享有,法人或者非法人单位可以给予作者奖励:
The author of a work created in the course of employment in one of the following circumstances shall enjoy the right of authorship, while the legal person or entity without legal personality shall enjoy the other rights included in the copyright and may reward the author:
(一)主要是利用法人或者非法人单位的物质技术条件创作,并由法人或者非法人单位承担责任的工程设计、产品设计图纸及其说明、计算机软件、地图等职务作品;
(1) drawings of engineering designs and product designs and descriptions thereof; computer software; maps and other works created in the course of employment mainly with the material and technical resources of the legal person or entity without legal personality and under its responsibility;
(二)法律、行政法规规定或者合同约定著作权由法人或者非法人单位享有的职务作品。
(2) works created in the course of employment where the copyright is, in accordance with laws, administrative rules and regulations or contracts concerned, enjoyed by the legal person or entity without legal personality.
第十七条 受委托创作的作品,著作权的归属由委托人和受托人通过合同约定。合同未作明确约定或者没有订立合同的,著作权属于受托人。
Article 17 The ownership of copyright in a commissioned work shall be agreed upon in a contract between the commissioning and the commissioned parties. In the absence of a contract or of an explicit agreement in the contract, the copyright in such a work shall belong to the commissioned party.
第十八条 美术等作品原件所有权的转移,不视为作品著作权的转移,但美术作品原件的展览权由原件所有人享有。
Article 18 The transfer of ownership of the original copy of a work of fine art, or other works, shall not be deemed to include the transfer of the copyright in such work, provided that the right to exhibit the original copy of a work of fine art shall be enjoyed by the owner of such original copy.
第十九条 著作权属于公民的,公民死亡后,其作品的使用权和获得报酬权在本法规定的保护期内,依照继承法的规定转移。
Article 19 Where the copyright in a work belongs to a citizen, the right of exploitation and the right to remuneration in respect of the work shall, after his death, during the term of protection provided for in this Law,be transferred in accordance with the provisions of the Law of Succession.
著作权属于法人或者非法人单位的,法人或者非法人单位变更、终止后,其作品的使用权和获得报酬权在本法规定的保护期内,由承受其权利义务的法人或者非法人单位享有;没有承受其权利义务的法人或者非法人单位的,由国家享有。
Where the copyright in a work belongs to a legal person or entity without legal personality, the right of exploitation and the right to remuneration shall, after the change or the termination of the legal person or entity without legal personality, during the term of protection provided for in this Law, be enjoyed by the succeeding legal person or entity without legal personality which has taken over the former's rights and obligations, or, in the absence of such a successor entity, by the state.
第二章 著作权 第三节 权利的保护期
Section 3 Term of Protection of Rights
第二十条 作者的署名权、修改权、保护作品完整权的保护期不受限制。
Article 20 The term of protection of the rights of authorship, alteration, and integrity of an author shall be unlimited.