Copyrights of Chinese Books

[Mr B]

Hello folks,

Is anyone knowledgeable about Chinese copyright law - specifically as regards books?

I am looking at translating a book and am wondering where I might find more information about the legalities involved as I'll be making a proposal to a publisher shortly. (Please don't say 'Wikipedia'...)

As I understand it, Chinese copyright law is life of author + 50 years, can anyone confirm this? My author died during WW2, but I need to be sure that I can use the current editions freely.

Thanks!

[WangYuHong]

I'm not too clear on Chinese copyright laws specifically...

(While other posters might know more, if this is something you intend to publish and could affect your livelihood your best bet is to ask a lawyer and get an official answer...)

One important thing that I didn't see mentioned in your post is that where you intent to publish your book is a very important part. Are you planning to publish the translation in China? Or will you be translating it and publishing it in another country? If that's the case, then the other question you need to ask is what the copyright laws are in that country.

[imron]

IANAL but, the relevant Chinese law says:

第三节 权利的保护期

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。

第二十一条 公民的作品，其发表权、本法第十条第一款第（五）项至第（十七）项规定的权利的保护期为作者终生及其死亡后五十年，截止于作者死亡后第五十年的１２月３１日；如果是合作作品，截止于最后死亡的作者死亡后第五十年的１２月３１日。

法人或者其他组织的作品、著作权（署名权除外）由法人或者其他组织享有的职务作品，其发表权、本法第十条第一款第（五）项至第（十七）项规定的权利的保护期为五十年，截止于作品首次发表后第五十年的１２月３１日，但作品自创作完成后五十年内未发表的，本法不再保护。

电影作品和以类似摄制电影的方法创作的作品、摄影作品，其发表权、本法第十条第一款第（五）项至第（十七）项规定的权利的保护期为五十年，截止于作品首次发表后第五十年的１２月３１日，但作品自创作完成后五十年内未发表的，本法不再保护。

So, distribution/publishing rights is basically life of the creator plus 50 years after death for things created by a person, and 50 years after the date of first publishing for things created by companies, and 50 years from the date of first screening for films and other video content.

Edit: I should read things more closely rather than just skimming. Rights #5-#17 (listed under Article 1), including #15 翻译权, have the same limitation, so looks like you're good.

[Mr B]

That's great Imron, thanks.

The proposed translation is for publication abroad. I'm just making a proposal at the moment and wanted some background info on the copyright situation - the lawyers can handle the legalities if the proposal gets any further...

I was wondering since this is pre-PRC material and I wasn't too sure what exactly the status of such works might be. Judging from what I've seen in Chinese bookstores (legitimate ones) there are any number of editions and knock-offs of this kind of thing as soon as they seem to be public domain - but that's hardly a rock-solid guarantee, especially when trying to come up with some reasonably well-informed details for a potential foreign publisher.