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China (mainland): what the rules say

26 de set. de 2026 · Informação de contexto

Este item só está disponível no idioma original (inglês).

Background on the rules in China (mainland), from the provisions as read on 2026-09-24. Rules differ by country and change over time. This is background, not legal advice — for anything turning on a deadline or a particular court, ask a qualified professional where you live.

CN01 | How do you preserve a Chinese work and the rights relationships?

Articles 3 and 10–12 of the Copyright Law provide the framework for the work, the rights and the author or rights relationships. Attribution on a work is an evidential indication, not an irrebuttable conclusion. Keep drafts, credited versions and contracts.

Applies when: The court, the applicable law, the date of the act, ownership of the rights and the facts of the case all have to be confirmed.

Exceptions and defences: The scope of protection, licences and statutory exceptions each have to be examined separately.

Related material: E01 (SOP06), E04 (SOP01), E05 (SOP01), E07 (SOP06), E08 (SOP06)

Source: [S06] 第3、10—12条

CN02 | Does the absence of a licence necessarily mean infringement?

Article 24 sets out statutory exceptions, and the second paragraph of Article 59 concerns proof by the accused party of a licence or a statutory circumstance. The platform preserves historical licences and what actually happened, rather than requiring a user to prove every negative first.

Applies when: The court, the applicable law, the date of the act, ownership of the rights and the facts of the case all have to be confirmed.

Exceptions and defences: Article 24 lists the situations and their conditions; recent generative-AI case law has to be checked separately.

Related material: E10 (SOP06), E18 (SOP03), E21 (SOP03), E23 (SOP03), E30 (SOP02)

Source: [S06] 第24、59条

CN03 | Why must the collection process for electronic evidence be recorded?

Article 93 of the civil evidence provisions looks at how material was generated, stored, transmitted and extracted, and in what environment; Article 94 sets out several rebuttable authenticity situations. Producing a hash is not proof of origin or of how something came about, and notarisation is not an ordinary requirement for registering.

Applies when: The court, the applicable law, the date of the act, ownership of the rights and the facts of the case all have to be confirmed.

Exceptions and defences: The scope of protection, licences and statutory exceptions each have to be examined separately.

Related material: E17 (SOP02), E24 (SOP02), E25 (SOP05), E26 (SOP02), E32 (SOP05), E39 (SOP05), E48 (SOP02)

Source: [S07] 第14、15、90、93—95条

CN04 | When evidence is about to disappear, should you seek professional help?

Article 57 of the Copyright Law allows an application for pre-litigation evidence preservation where evidence may be lost or later difficult to obtain. Preserve the current state lawfully yourself first, record the risk of it disappearing, and let a local professional assess court measures.

Applies when: The court, the applicable law, the date of the act, ownership of the rights and the facts of the case all have to be confirmed.

Exceptions and defences: The scope of protection, licences and statutory exceptions each have to be examined separately.

Related material: E15 (SOP02), E16 (SOP02), E17 (SOP02), E24 (SOP02), E44 (SOP05)

Source: [S06] 第57条

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