singing with drum accompaniment) and "pingshu" (story-telling based on classical novels), which are all used
mainly for being performed in a way involving recitation, singing or both;
6. Choreographic works refer to works which express ideas and emotions through successive body
movements, gestures and facial movements and expressions;
7. Works of acrobatic art refer to acrobatic, magic and circus works, which are, or can be, expressed in body
movements and artistry;
8. Works of fine art refer to two-dimensional or three-dimensional works created in lines, colors or other
media which, when being viewed, impart aesthetic effect, such as works of painting, calligraphy and
sculpture;
9. Architectural works refer to aesthetic works, which are, and can be, expressed in architectural or
constructional form;
10. Photographic works refer to artistic works created by recording images of existing things of people on
light-sensitive materials or other media with the aid of devices;
11. Cinematographic works and works created by virtue of analogous methods of film production refer to
works which are recorded on some medium consisting of a series of images, with or without accompanying
sounds, and which can be projected with the aid of suitable devices or communicated by other means;
12. Graphic works refer to drawings of engineering designs and product designs for the purpose of actual
construction or manufacture, and maps and sketches showing geographic phenomena and demonstrating
the fundamentals or structure of a thing or an object; and
13. Model works refer to three-dimensional works made according to the shape and structure, and in a
certain scale, of an object for the purpose of exhibition, experimentation, observation or measurement.
Article 5 For the purposes of the Copyright Law and these Regulations, the following terms shall have the
following meaning:
1. News on current events refers to the mere facts or happenings reported by the mass media, such as
newspapers, periodicals and radio and television stations;
2. Sound recordings refer to the recordation of any sounds of performance and other sounds;
3. Video recordings refer to the recordation of a series of related images, with or without accompanying
sounds, other than cinematographic works or works created by virtue of analogous methods of film
production;
4. Producer of a sound recording refers to the first person who makes the sound recordings;
5. Producer of a video recording refers to the first person who makes the video recordings; and
6. Performer refers to an actor, performing organization or any other person who performs literary and
artistic works.
Article 6 Copyright shall be generated on the date when the creation of a works is completed.
Article 7 Copyright in the works of foreigners or stateless persons first published in the territory of China as
provided for in Paragraph 3, Article 2 of the Copyright Law shall be under the protection beginning on the
date of publication.
Article 8 Where works of foreigners or stateless persons first published outside the territory of China and
published in the territory of China within 30 days, the works shall be deemed to have been simultaneously
published in the territory of China.
Article 9 Where a joint work cannot be used separately, the copyright shall be jointly enjoyed by, and
exercised through consultation between or among, the co-authors. Where they fail to reach an agreement
and have no justified reasons for the failure, no party may hinder any of the other parties from exercising all
the rights, except the right of assignment. However, the income generated therefrom shall be fairly
distributed between or among the co-authors.
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