China's National Copyright Administration (NCA) published on July 13, 2026 the Implementing Regulations of the Copyright Law of the People's Republic of China (Revised Draft for Public Comment). The release marks a significant step in aligning China's copyright framework with the amended Copyright Law (effective June 2021) and with key international treaties.
The draft expands the current Implementing Regulations from 38 to 49 articles. Public comments are being accepted until August 12, 2026.
Five Key Areas of Revision
According to an explanatory document released alongside the draft, the revisions focus on five principal areas:
1. Refinement of the Copyright Rights System
The draft provides more detailed provisions on the definition of "works," clarifies key copyright terminology, and establishes clearer rules for ownership and exercise of rights. Notably, the definition of "audiovisual works" now explicitly includes films, television dramas, documentaries, animated works, web series, and variety shows.
2. Clearer Licensing Mechanisms and Transaction Rules
To address challenges such as difficulties in obtaining works for use, obstacles for rights holders in receiving remuneration, and transactional security concerns, the draft elaborates on work registration mechanisms, the presumption of authorship, adaptation licensing rules for audiovisual works, and statutory license compensation methods.
3. Strengthened Rights Protection Rules
The draft implements enhanced technical protection measures and rights management information systems, and clarifies the specific circumstances under which infringement constitutes harm to the public interest.
4. Implementation of International Treaty Obligations
The revisions reflect China's obligations under the Beijing Treaty on Audiovisual Performances and the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled — both of which have entered into force for China. The draft accordingly refines the definition of "performers" and establishes limitations and exceptions for providing accessible format copies to persons with print disabilities.
5. Technical and Conforming Adjustments
Various textual adjustments have been made to ensure consistency with the amended Copyright Law.
Background and Significance
The 2020 amendment to China's Copyright Law introduced a comprehensive restructuring of the rights system and enhanced licensing and protection mechanisms. However, the Implementing Regulations—a key supporting administrative regulation—had not been revised to reflect these changes until now. The revision process was initiated by a dedicated NCA task force following extensive research, surveys, and consultations with rights holder organizations, industry associations, copyright enterprises, sector regulators, local copyright authorities, and legal experts.
The release is part of China's broader push to build an "intellectual property powerhouse," as outlined in the 2026 Plan for Building a Strong Intellectual Property Nation, which prioritizes the revision of copyright implementing regulations alongside other IP laws.
Source: https://www.ncac.gov.cn/xxfb/ywxx/202607/t20260709_998362.html
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