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Copyright in Xiamen is governed mainly by the Copyright Law of the People’s Republic of China and related national regulations and judicial interpretations. There is no separate provincial copyright code for Xiamen - national law applies throughout the country - but local authorities and courts in Xiamen implement, interpret, and enforce those rules in local cases. Copyright protects original works of authorship such as literature, music, films, photographs, visual art, software, databases and other creations fixed in a tangible form.
Registration of a work is not required to obtain copyright protection. However, voluntary registration with a recognized Chinese copyright registration body or the Copyright Protection Center of China can provide helpful evidence if ownership or creation date is later disputed. Enforcement options in Xiamen include administrative remedies, civil litigation and, in serious cases, criminal prosecution.
You may need a lawyer when you face any legal uncertainty, dispute or enforcement decision related to copyright. Common situations include:
- You believe someone in Xiamen is copying, distributing or publicly performing your work without permission and you want to stop the infringement and recover losses.
- You received a cease-and-desist notice, a takedown request, or an allegation that you have infringed another person's copyright and need advice on the strength of the claim and your defense options.
- You need to draft or negotiate licenses, assignments, commissioning agreements, work-for-hire clauses, or publishing and distribution contracts to protect rights and avoid future disputes.
- You want to register a copyright or collect evidence of authorship and date of creation to strengthen future enforcement.
- Your case may require cross-border elements, such as foreign authorship, international distribution or online platforms hosted outside China - these raise complex procedural and substantive issues.
- The dispute requires urgent action - such as an injunction, evidence-preservation order or account preservation - where procedural formalities and speed are critical.
Key aspects of the legal framework and local practice in Xiamen to know:
- National Copyright Law - Core rules on subject matter, exclusive rights, moral rights, term of protection, limitations and exceptions, liabilities and remedies come from the national Copyright Law and follow-up amendments and judicial interpretations.
- Exclusive rights - Copyright grants economic rights such as reproduction, distribution, public performance, broadcasting, adaptation and translation. Moral rights - such as right of authorship and right of integrity - are also protected and generally non-transferable.
- Term of protection - Most works are protected for the life of the author plus a statutory posthumous period. There are special rules for works of joint authorship, works for hire, audiovisual works and anonymous or pseudonymous works.
- Evidence and registration - Copyright exists on creation, but registration certificates issued by recognized registration bodies are commonly used as prima-facie evidence in administrative and civil proceedings in China.
- Enforcement routes in Xiamen - Rights holders can seek administrative enforcement through local administrative bodies, civil relief through the courts - typically starting in Xiamen district courts with some cases heard by the Xiamen Intermediate People's Court - or criminal referrals to public security authorities for serious, willful infringement producing substantial illegal gains.
- Remedies - Remedies may include injunctive relief, seizure and destruction of infringing copies, account and property preservation, statutory or actual damages, and compensation for economic losses. Courts may also order apologies and remedies for harm to reputation caused by moral-rights violations.
- Online and platform issues - Platform take-down procedures and evidence-preservation measures are commonly used. Courts in China have developed experience with online infringement, intermediary liability, and platform cooperation, but fast evidence collection remains essential.
- Local enforcement practice - Xiamen authorities and courts follow national guidance but local administrative bureaus, municipal market supervision agencies and public security units play active roles in anti-infringement enforcement. Local judges and mediators may encourage settlement or mediation for commercial disputes.
Copyright protection covers original works fixed in a tangible form, including but not limited to written works, musical compositions, films, dramas, dance and choreography, art and photography, architectural works, computer software and databases. The national Copyright Law defines categories and local practice in Xiamen follows that law.
No. Under Chinese law, copyright arises at creation without registration. Registration is voluntary and handled by recognized registration bodies. In practice, a registration certificate is very useful evidence of ownership and creation date in administrative proceedings and civil litigation in Xiamen.
First, preserve evidence - screenshots, purchase receipts, copies, timestamps, witness statements and server logs. Consider sending a formal cease-and-desist letter or request a platform takedown if the infringement is online. If infringement continues, consult a lawyer about administrative complaints, civil lawsuits for injunctive relief and damages, or criminal referral if the infringement is serious and willful.
Damages may be calculated based on the rightholder’s actual losses, the infringer’s profits attributable to the infringement, or statutory damages within ranges provided by law when actual losses are hard to prove. Courts will examine evidence such as sales, market price, licensing fees and the scale of infringement. Xiamen courts apply national rules but will assess local facts and evidence.
Yes. Chinese courts can grant preservation measures such as evidence preservation, account preservation and property preservation before or during litigation to prevent dissipation of assets. Preliminary injunctions to stop ongoing infringement are also available, but urgent and persuasive evidence is required. A local lawyer can help prepare the necessary materials quickly.
All three channels exist. Administrative bodies can investigate and impose fines or order disposal of infringing goods. Civil litigation seeks remedies such as injunctions and damages. Criminal prosecution is possible for willful infringement that reaches the statutory threshold in scale or profit. Choosing the route depends on the facts, desired remedies and strength of evidence.
Case duration varies with complexity. A straightforward first-instance civil case may take several months to over a year. Appeals add time. Administrative cases may be faster for certain types of relief. Preservation measures can often be obtained more quickly than a full trial. Consulting local counsel early helps set realistic expectations for timing.
Yes. China honors international treaties and national law provides protection to foreign works under certain conditions. Foreign authors normally receive protection under the same standards as domestic authors. Cross-border enforcement can add procedural complexity, so foreign rightholders should work with counsel familiar with both international and Chinese practice.
Platforms are often required to cooperate with rights holders under notice-and-takedown procedures and local regulations. Evidence preservation requests and administrative complaints can be directed at platforms and hosting providers. Courts may also hold platforms liable in certain circumstances if they fail to act after receiving notice. Prompt action and clear evidence are important.
Software and databases are protected by copyright. For software, consider registering with the recognized software copyright registration authority to strengthen proof of authorship and date. Contracts, confidentiality clauses and technical measures such as access controls and logging are also important to prevent unauthorized copying and to support enforcement.
For assistance and authoritative information in Xiamen consider these types of resources:
- National Copyright Administration and its authorized registration centers for information on copyright policy and voluntary registrations.
- Copyright Protection Center of China and software copyright registration authorities for registration services and certificates.
- Xiamen Municipal Market Supervision or Culture-related administrative bodies that handle local administrative enforcement and consumer-market issues.
- Xiamen Intermediate People's Court and local district courts for information on filing civil suits and procedures.
- Local public security bureau intellectual property units for reporting serious criminal infringement.
- Collective management organizations such as music and audiovisual copyright societies for licensing and rights clearance in their fields.
- Local bar associations and law firms with intellectual property practice for referrals to experienced copyright attorneys in Xiamen.
If you need legal assistance with copyright in Xiamen, follow these practical steps:
1. Preserve evidence immediately - save copies, record dates, preserve web pages and gather contracts, invoices and correspondence.
2. Assess the situation - determine whether the issue is a suspected infringement, a received allegation, a contract dispute or an urgent business risk.
3. Consider voluntary registration if you have not registered and need stronger proof of ownership moving forward.
4. Contact a specialized copyright lawyer in Xiamen - choose counsel with experience in local courts, administrative enforcement and online-platform disputes.
5. Decide on the enforcement path with your lawyer - administrative action, civil litigation, mediation or criminal referral - based on the facts, evidence and desired remedies.
6. If urgent, ask your lawyer about preservation measures - evidence preservation, account preservation or property seizure - and prepare documents to support a swift application.
7. Prepare for costs and timelines - ask your lawyer for a realistic budget and procedural roadmap, and consider settlement or licensing where appropriate.
8. Keep documentation organized and maintain clear communication with counsel - prompt, accurate information will improve prospects for a favorable outcome.
Taking methodical, evidence-focused steps and working with a local copyright lawyer will give you the best chance to protect your rights and achieve an effective resolution in Xiamen.
