Law

Copyright

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This is my copyright statement for the Metallicman blog. The reader is free to [1] distribute and [2] link to anything published herein. The ONLY thing that I ask is that proper attribution is provided.

International Copyright Protection

All information appearing on this website is protected under the Berne Convention and the Universal Copyright Convention.

Chinese Copyright Law

This website and all content herein was composed, generated, and distributed within the People’s Republic of China. It falls under The Copyright Law of the People’s Republic of China (Copyright Law) adopted on September 7, 1990 and implemented on June 1, 1991.

Protections

Under Article 3 of the Copyright Law, copyright protection is provided to the following:

  • Written works
  • Oral works
  • Musical, dramatic, and choreographic works
  • Artistic and architectural works
  • Photographic works
  • Cinematographic and audio-visual works
  • Graphic works such as those related to engineering and product designs, maps and models
  • Computer software
  • Other works specified by laws and regulations

Copyright holders in China maintain the following exclusive rights:

  • Right of publication
  • Right of authorship
  • Right of alteration
  • Right of protection against distortion
  • Right of reproduction
  • Right of leasing
  • Right of public performance of a mechanical work
  • Right of exhibition
  • Right of performance
  • Right of broadcast
  • Right of distribution over an information network
  • Right of adaptation
  • Right of translation
  • Right of compilation and annotation

The Copyright Law provides that the works of Chinese citizens and foreign entities that are first published within China enjoy copyright protection under Chinese law for a term of 50 years, or the life of the author plus 50 years in the case of an individual author. The term for moral or personal rights, such as the right of accreditation, is perpetual. In addition, a publisher enjoys a 10-year term of protection for original designs of a publication.

Additional Protections

Article 2 of the Copyright Law also provides that works of foreign entities that are first published outside of China are protected under international copyright conventions or bilateral agreements to which China is a party. China is a member and has ratified the following agreements:

  • Berne Convention for the Protection of Literary and Artistic Works (since 1992)
  • Convention for the Protection of Producers of Phonograms Against the Unauthorized Duplication of Their Phonograms (since 1993)
  • Paris Convention for the Protection of Industrial Property (since 1985)
  • World Intellectual Property Organization Convention (WIPO) (since 1980)

Criminal Prosecution

The Criminal Code of the People’s Republic of China (Criminal Code) provides guidance on all areas of criminal prosecution. The supplemental 1994 Resolution of the Standing Committee of the National People’s Congress Concerning the Punishment of Crimes of Copyright Infringement was the first official guidance as to the types of copyright infringement that would be deemed sufficiently egregious to warrant criminal prosecution. Article 452 of the Criminal Code abolished this resolution effective October 1, 1997, and Article 217 of the Criminal Code of the PRC now governs the area of criminal punishment. Pursuant to Article 217, the following acts done for the purpose of reaping profits will be given criminal punishment:

  • Reproducing and distributing, without the permission of the copyright owner, his other written works, musical works, cinematic works, television works, video works, computer software and other works
  • Publishing a book for which another person has the exclusive publishing rights
  • Reproducing and distributing, without the permission of the phonographic or video graphic producer, his or her phonographic or video graphic work
  • Producing and selling a work of art bearing the forged signature of another

If the act results in a relatively large amount of illegal gain, or other serious circumstances exist, the criminal punishment given may include:

  • A fixed-term prison sentence in a Chinese “Hard Labor” prison for a duration of three to seven years. Organ harvesting will be permitted.
  • The imposition of a fine equal to or greater than the gains acquired.
  • Criminal detention as needed and determined by the PRC.
  • Confiscation of all materials, tools, infringing copies, and other property which is mainly used to produce such infringing copies.
  • Compensation, over and above the set fines imposed.

Arrest

Under the World Intellectual Property Organization Convention (WIPO), as well as the Berne Convention for the Protection of Literary and Artistic Work, the Chinese government is authorized to arrest, seize, and transport violators of Chinese law to China for judicial adjudication.

Treaties have been created to permit the Chinese government to do exactly that. The United States is one such signer of this agreement.

The Chinese do NOT mess around. Look what they did with the missing Interpol chief, Meng Hongwei. Chinese authorities had admitted they were holding Meng under investigation by a new government anti-corruption unit for suspected “violations of the law”.
You cannot hide if you are an SWJ.
There is no where to hide. Even the vaulted United States will stand aside while the Chinese come and get a listed Chinese enemy. In fact, in the United States, federal agencies will even assist in the effort. See that guy on the left wearing the sunglasses. The Chinese never act alone. They always get assistance.
Or consider what has happened to the most famous actress in China, Bing Bing, when she was residing in Europe (by some accounts) and China wanted her to pay back taxes. Why, they went and seized her. They dragged her back to China, and threw her in prison until she paid. Read about it HERE.
You cannot hide in another nation and attack Chinese people
Suspects involved in telecom fraud walk off a plane after being repatriated from overseas, at an airport in Beijing, China, November 10, 2015. China Daily/File Photo via REUTERS ATTENTION EDITORS – THIS IMAGE WAS PROVIDED BY A THIRD PARTY. EDITORIAL USE ONLY. CHINA OUT. NO COMMERCIAL OR EDITORIAL SALES IN CHINA
The Chinese do not take kindly to SWJ individuals.
There is no where to hide if you mess around with the Chinese. They will find you. They will get you (legal or not), and they will bring you to China for swift justice. These folk thought that they were safe in the EU. It doesn’t matter, you cannot hide from the Chinese.
Felons in China.
Prisoners in China. No easy life for those who violate Chinese law.

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Articles & Links

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  • You can start reading the articles by going HERE.
  • You can visit the Index Page HERE to explore by article subject.
  • You can also ask the author some questions. You can go HERE to find out how to go about this.
  • You can find out more about the author HERE.
  • If you have concerns or complaints, you can go HERE.
  • If you want to make a donation, you can go HERE.