In China, copyright is automatic, but voluntary registration provides a certificate accepted as proof of ownership in disputes. Foreign authors from Berne Convention countries can register. Costs range from 100 RMB for short works to 2,000 RMB for software; processing takes about 30 working days.
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In China, copyright is an automatic right that arises as soon as an original work is completed, without the need for registration. This protection extends to foreign authors from Berne Convention member states, including all EU member states. However, China offers a voluntary copyright registration policy that provides a certificate which can serve as proof of ownership in case of disputes, easing the burden of proof.
Why Register Copyright in China?
While not mandatory, registering copyright in China is advisable. The certificate is accepted as proof of ownership by courts and administrative authorities, saving time and effort in case of infringement. It also provides additional benefits for software copyright, such as tax deductions.
Who Can Register Copyright?
Copyright can be registered by the author, whether an individual, legal entity, or organization, or by others who have obtained the right through transfer or inheritance. In employment contexts, the employer typically holds economic rights (for example revenue from a graphic design sold), while the employee retains moral rights, meaning has the right of authorship. For commissioned works, unless otherwise agreed in the contract, the copyright belongs to the commissioned party (i.e., the actual creator).
Where to Register Copyright in China
The Copyright Protection Centre of China (CPCC) is authorized to administrate software and copyrighted works registration. Some local Copyright Bureaus also register copyrights for local citizens or enterprises. Foreign rights owners, especially for software, are advised to file with the CPCC.
Documentation Needed
For foreign individuals, required documents include a signed application form, photocopy of passport with translation, ownership statement, and a sample of the work. For foreign legal entities, these may include a business license, legalized incorporation document, and a sample of the work. Additional certifications may be needed for inherited or acquired works.
Procedure
The process involves setting up an account on the CPCC website, completing and printing the application form, submitting the application and documents, and paying the registration fee. The CPCC will check the files, examine the application, and issue a certificate if approved.
Cost
Fees vary depending on the type of work, ranging from 100 RMB for written works of 100 words or less to 2,000 RMB for computer software. Additional fees apply for series of works.
Timeline
Once the application is complete, the registration certificate is typically issued within 30 working days. If documents are incomplete or require clarification, an additional two months may be needed.
In conclusion, copyright is an automatic right, however, copyright registration serves as evidence in court. It is highly recommended to register your copyright in China in an effort to save time and effort in case of infringement.
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