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Getting The Deal Through


Published: July 2019


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  • 1.

    What is the relevant legislation?

  • 2.

    Who enforces it?

  • 3.

    Are there any specific provisions of your copyright laws that address the digital exploitation of works? Are there separate statutory provisions that do so?

  • 4.

    Do your copyright laws have extraterritorial application to deal with foreign-owned or foreign-operated websites that infringe copyright?

  • 5.

    Is there a centralised copyright agency? What does this agency do?

  • 6.

    What types of works may be protected by copyright?

  • 7.

    What types of rights are covered by copyright?

  • 8.

    What may not be protected by copyright?

  • 9.

    Do the doctrines of ‘fair use’ or ‘fair dealing’ exist, and, if so, what are the standards used in determining whether a particular use is fair?

  • 10.

    Are architectural works protected by copyright? How?

  • 11.

    Are performance rights covered by copyright? How?

  • 12.

    Are other ‘neighbouring rights’ recognised? How?

  • 13.

    Are moral rights recognised?

  • 14.

    Is there a requirement of copyright notice?

  • 15.

    What are the consequences for failure to use a copyright notice?

  • 16.

    Is there a requirement of copyright deposit?

  • 17.

    What are the consequences for failure to make a copyright deposit?

  • 18.

    Is there a system for copyright registration, and, if so, how do you apply for a copyright registration?

  • 19.

    Is copyright registration mandatory?

  • 20.

    What are the fees to apply for a copyright registration?

  • 21.

    What are the consequences for failure to register a copyrighted work?

  • 22.

    Who is the owner of a copyrighted work?

  • 23.

    May an employer own a copyrighted work made by an employee?

  • 24.

    May a hiring party own a copyrighted work made by an independent contractor?

  • 25.

    May a copyrighted work be co-owned?

  • 26.

    May rights be transferred?

  • 27.

    May rights be licensed?

  • 28.

    Are there compulsory licences? What are they?

  • 29.

    Are licences administered by performing rights societies? How?

  • 30.

    Is there any provision for the termination of transfers of rights?

  • 31.

    Can documents evidencing transfers and other transactions be recorded with a government agency?

  • 32.

    When does copyright protection begin?

  • 33.

    How long does copyright protection last?

  • 34.

    Does copyright duration depend on when a particular work was created or published?

  • 35.

    Do terms of copyright have to be renewed? How?

  • 36.

    Has your jurisdiction extended the term of copyright protection?

  • 37.

    What constitutes copyright infringement?

  • 38.

    Does secondary liability exist for indirect copyright infringement? What actions incur such liability?

  • 39.

    What remedies are available against a copyright infringer?

  • 40.

    Is there a time limit for seeking remedies?

  • 41.

    Are monetary damages available for copyright infringement?

  • 42.

    Can attorneys’ fees and costs be claimed in an action for copyright infringement?

  • 43.

    Are there criminal copyright provisions? What are they?

  • 44.

    Are there any specific liabilities, remedies or defences for online copyright infringement?

  • 45.

    How may copyright infringement be prevented?

  • 46.

    Which international copyright conventions does your country belong to?

  • 47.

    What obligations are imposed by your country’s membership of international copyright conventions?

  • Updates and trends

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Lifang & Partners was founded in Beijing in 2002, and has subsequently opened offices in Guangzhou and Wuhan, China and a liaison office in Seoul, South Korea. Over the past years, we have become a top tier law firm in the practice of intellectual property, antitrust, corporate and commercial law, and dispute resolution.

View more information about Lifang & Partners

A1105, Nanxincang Business Building
A22, Dongsi Shitiao St
T: +86 10 6409 6099
F: +86 10 6409 6260 / 6261


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