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中华人民共和国著作权法 (2020年修正).

Copyright exception history

0%20%40%60%80%100%199019952000200520102015202020251991: 100%1992: 100%1993: 100%1994: 100%1995: 100%1996: 100%1997: 100%1998: 100%1999: 100%2000: 100%2001: 60%2002: 60%2003: 60%2004: 60%2005: 60%2006: 60%2007: 60%2008: 60%2009: 60%2010: 60%2011: 60%2012: 60%2013: 60%2014: 60%2015: 60%2016: 60%2017: 60%2018: 60%2019: 60%2020: 60%2021: 60%2022: 60%2023: 60%2024: 60%2025: 60%YearOpenness score (%)

Selected year snapshot

For 2025, the active event in this file is 中华人民共和国著作权法 (2020年修正).

60%

Current rationale

As of 2025, the Copyright Law of China as amended in 2020 (effective June 1, 2021) remains in force with no further amendments to the exceptions provisions. The most permissive research-relevant exception is Article 24(1): '为个人学习、研究或者欣赏,使用他人已经发表的作品' — use of a published work for personal study, research, or appreciation. Analysis across three dimensions: (1) Uses: The verb '使用' (use) is broad and covers any exclusive right, including reproduction, communication, and making available. This is broader than mere reproduction. (2) Works: The exception applies to any '已经发表的作品' (published work) without excluding any category. (3) Users: The qualifier '个人' (personal/private) restricts the beneficiary to individuals acting for their own private purposes. This excludes institutional use and collaborative sharing. Because the user class is restricted to individuals ('个人'), the classification is LIGHT BLUE despite the broad verb '使用.' Article 24(6) provides a separate exception for scientific research but is restricted to teachers/scientific researchers (PURPLE) and limited to specific acts (translation, adaptation, compilation, broadcasting, small-quantity reproduction). Article 24(8) is a library/institutional exception for preservation/display only (PURPLE). Article 24(2) is a quotation exception (RED — excerpts only). No TDM-specific exception exists in Chinese copyright law as of 2025. The three-step test in the chapeau is a proportionality qualifier (classification-neutral). The catch-all in Article 24(13) delegates to other laws/regulations but no specific TDM or broader research exception has been enacted under this provision as of 2025. Classification: LIGHT BLUE.

Exceptions considered

第二十四条第(一)项60%Private UseMost permissive

Use of a published work for personal study, research, or appreciation. Broad '使用' covers any exclusive right; applies to any published work; restricted to personal/individual purposes.

第二十四条第(六)项40%Educational

Translation, adaptation, compilation, broadcasting, or small-quantity reproduction of a published work for classroom teaching or scientific research, for use by teachers or scientific researchers; not to be published or distributed.

第二十四条第(八)项40%Library Institutional

Reproduction by libraries, archives, memorial halls, museums, art galleries, cultural centers for display or preservation of works in their collections.

第二十四条第(二)项0%Quotation

Appropriate quotation from a published work in one's own work for introduction, comment, or demonstration.

第二十四条第(十三)项?Other

Catch-all delegation: other circumstances provided by laws or administrative regulations. No operative TDM or broader research exception has been enacted under this provision as of 2025.

Law changes

中华人民共和国著作权法 (1990)

Baseline · Effective 1991-06-01

100%

Relevant section: 第二十二条

Dates: Effective 1991-06-01 · Enacted 1990-09-07

Why this score

Article 22(1) of the 1990 Copyright Law permits 'use' (使用) of a published work for personal study, research, or appreciation. The term '使用' (use) is not limited to reproduction — it covers any exclusive right. The exception applies to 'published works' without excluding any category of work. While the phrase '为个人学习、研究或者欣赏' includes the qualifier '个人' (personal/private), the operative verb is '使用' (use), which is broader than mere reproduction. However, '个人' restricts the beneficiary to individuals acting privately. Additionally, Article 22(6) permits libraries, archives, memorial halls, museums, art galleries, etc. to reproduce works in their collections for display or preservation. Article 22(7) permits use by state organs for official duties. The most permissive exception for research is Article 22(1), which uses the broad term '使用' covering any exclusive right for any type of published work, but is restricted to '个人' (personal/individual) use. Despite the broad verb '使用,' the '个人' qualifier restricts this to individual/private use. On closer analysis, '为个人学习、研究或者欣赏' means 'for one's own study, research, or appreciation' — the '个人' modifies the purpose/user. This is a personal use exception. However, the word '使用' (use) covers all exclusive rights including reproduction and communication, making it broader than mere reproduction. Since '个人' restricts the user class to individuals acting privately, this is LIGHT BLUE under the classification rules. But re-examining: the Chinese text says '为个人学习、研究或者欣赏,使用他人已经发表的作品' — 'for personal study, research or appreciation, use another's published work.' The structure is: for [personal study, research, or appreciation], [use] published works. '个人' modifies '学习' (study) and arguably also '研究' (research) and '欣赏' (appreciation). This restricts the exception to personal/private purposes. The verb '使用' is broad (any use), but the purpose is personal. This means the exception covers any type of use (reproduction, communication, etc.) but only for personal purposes. Under the classification rules, 'private' or 'personal' qualifier → LIGHT BLUE. The exception covers all works and all uses but restricts to individual/personal purposes. Classification: LIGHT BLUE. Non-commercial restriction is classification-neutral, but 'personal' user restriction is not classification-neutral — it restricts the user class.

Exceptions considered

第二十二条第(一)项60%Private UseMost permissive

Use of a published work for personal study, research, or appreciation. Covers any type of 'use' (使用) of any published work, but restricted to personal/individual purposes.

第二十二条第(六)项40%Library Institutional

Reproduction by libraries, archives, memorial halls, museums, art galleries for display or preservation of works in their collections.

第二十二条第(三)项0%Quotation

Reporting on current events: unavoidable reproduction or quotation of published works in newspapers, periodicals, radio, TV programs.

第二十二条第(二)项0%Quotation

Appropriate quotation from a published work in one's own work for introduction or comment purposes.

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关于修改《中华人民共和国著作权法》的决定 (2001年第一次修正)

Relevant update · Effective 2001-10-27

60%

Relevant section: 第二十二条

Dates: Effective 2001-10-27 · Enacted 2001-10-27

Why this score

The 2001 amendment retained Article 22(1) with the same wording: '为个人学习、研究或者欣赏,使用他人已经发表的作品' (use of a published work for personal study, research, or appreciation). Article 22(6) was refined to explicitly cover 'translation or reproduction in a small quantity' for classroom teaching or scientific research, for use by teachers or scientific researchers, but not for publication or distribution. Article 22(8) retained the library/archive reproduction exception. The most permissive exception for research remains Article 22(1), which covers any 'use' (使用) of any published work but is restricted to '个人' (personal) purposes. Article 22(6) is a separate research/education exception but is narrower: it only covers translation or small-quantity reproduction, restricted to teachers/researchers, and prohibits publication/distribution. Under the three dimensions: (1) Uses: Article 22(1) covers any use; Article 22(6) covers only translation and small-quantity reproduction. (2) Works: Both cover all published works. (3) Users: Article 22(1) restricted to personal/individual use; Article 22(6) restricted to teachers/scientific researchers. The most permissive is Article 22(1) with its broad '使用' verb but '个人' user restriction → LIGHT BLUE. Article 22(6) would be PURPLE (institutional/researcher restriction) combined with quantity limitation. Non-commercial restriction is classification-neutral.

Exceptions considered

第二十二条第(一)项60%Private UseMost permissive

Use of a published work for personal study, research, or appreciation. Broad verb '使用' (use) covers any exclusive right, but restricted to personal/individual purposes.

第二十二条第(六)项40%Educational

Translation or small-quantity reproduction of a published work for classroom teaching or scientific research, for use by teachers or scientific researchers; not to be published or distributed.

第二十二条第(八)项40%Library Institutional

Reproduction by libraries, archives, memorial halls, museums, art galleries for display or preservation of works in their collections.

第二十二条第(二)项0%Quotation

Appropriate quotation from a published work in one's own work for introduction, comment, or demonstration purposes.

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关于修改《中华人民共和国著作权法》的决定 (2010年第二次修正)

Relevant update · Effective 2010-04-01

60%

Relevant section: 第二十二条

Dates: Effective 2010-04-01 · Enacted 2010-02-26

Why this score

The 2010 amendment (adopted February 26, 2010, effective April 1, 2010) did not change Article 22 or any of the research-relevant exceptions. The amendment primarily addressed enforcement provisions (Article 4 was revised to remove the requirement for government approval of publication). All research-relevant exceptions remained identical to the 2001 version. Article 22(1) remains the most permissive exception: broad '使用' (use) covering any exclusive right, any published work, but restricted to '个人' (personal) purposes → LIGHT BLUE.

Exceptions considered

第二十二条第(一)项60%Private UseMost permissive

Use of a published work for personal study, research, or appreciation.

第二十二条第(六)项40%Educational

Translation or small-quantity reproduction for classroom teaching or scientific research, for teachers/researchers, not to be published or distributed.

第二十二条第(八)项40%Library Institutional

Reproduction by libraries, archives, memorial halls, museums, art galleries for display or preservation.

第二十二条第(二)项0%Quotation

Appropriate quotation from a published work for introduction, comment, or demonstration.

Original text

English rendering

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关于修改《中华人民共和国著作权法》的决定 (2020年第三次修正)

Relevant update · Effective 2021-06-01

60%

Relevant section: 第二十四条

Dates: Effective 2021-06-01 · Enacted 2020-11-11

Why this score

The 2020 amendment (adopted November 11, 2020, effective June 1, 2021) renumbered the exceptions article from Article 22 to Article 24 and made several significant changes: (1) Added a general three-step test qualifier to the chapeau: 'shall not affect the normal use of the work, and shall not unreasonably prejudice the legitimate interests of the copyright owner.' (2) Expanded Article 24(6) to include 'adaptation, compilation, broadcasting' in addition to 'translation and small-quantity reproduction' for classroom teaching or scientific research. (3) Added Article 24(13): a catch-all provision allowing other exceptions to be established by laws or administrative regulations. (4) Article 24(1) remained substantively identical: '为个人学习、研究或者欣赏,使用他人已经发表的作品.' The most permissive exception for research remains Article 24(1): broad '使用' (use) covering any exclusive right, any published work, but restricted to '个人' (personal) purposes → LIGHT BLUE. Article 24(6) was broadened (now includes adaptation, compilation, broadcasting) but remains restricted to teachers/scientific researchers and prohibits publication/distribution → PURPLE. The addition of the three-step test to the chapeau is a proportionality qualifier (classification-neutral). Article 24(13) is a delegation clause, not itself an operative exception. No TDM-specific exception was added.

Exceptions considered

第二十四条第(一)项60%Private UseMost permissive

Use of a published work for personal study, research, or appreciation. Broad verb '使用' covers any exclusive right, any published work, restricted to personal/individual purposes.

第二十四条第(六)项40%Educational

Translation, adaptation, compilation, broadcasting, or small-quantity reproduction of a published work for classroom teaching or scientific research, for use by teachers or scientific researchers; not to be published or distributed. Broadened from 2001 version to include adaptation, compilation, and broadcasting.

第二十四条第(八)项40%Library Institutional

Reproduction by libraries, archives, memorial halls, museums, art galleries, cultural centers for display or preservation of works in their collections.

第二十四条第(二)项0%Quotation

Appropriate quotation from a published work in one's own work for introduction, comment, or demonstration.

第二十四条第(十三)项?Other

Catch-all: other circumstances provided by laws or administrative regulations. Delegation clause, not an operative exception itself.

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中华人民共和国著作权法 (2020年修正)

Current law confirmation · Effective 2021-06-01

60%

Relevant section: 第二十四条

Dates: Effective 2021-06-01 · Enacted 2020-11-11

Why this score

As of 2025, the Copyright Law of China as amended in 2020 (effective June 1, 2021) remains in force with no further amendments to the exceptions provisions. The most permissive research-relevant exception is Article 24(1): '为个人学习、研究或者欣赏,使用他人已经发表的作品' — use of a published work for personal study, research, or appreciation. Analysis across three dimensions: (1) Uses: The verb '使用' (use) is broad and covers any exclusive right, including reproduction, communication, and making available. This is broader than mere reproduction. (2) Works: The exception applies to any '已经发表的作品' (published work) without excluding any category. (3) Users: The qualifier '个人' (personal/private) restricts the beneficiary to individuals acting for their own private purposes. This excludes institutional use and collaborative sharing. Because the user class is restricted to individuals ('个人'), the classification is LIGHT BLUE despite the broad verb '使用.' Article 24(6) provides a separate exception for scientific research but is restricted to teachers/scientific researchers (PURPLE) and limited to specific acts (translation, adaptation, compilation, broadcasting, small-quantity reproduction). Article 24(8) is a library/institutional exception for preservation/display only (PURPLE). Article 24(2) is a quotation exception (RED — excerpts only). No TDM-specific exception exists in Chinese copyright law as of 2025. The three-step test in the chapeau is a proportionality qualifier (classification-neutral). The catch-all in Article 24(13) delegates to other laws/regulations but no specific TDM or broader research exception has been enacted under this provision as of 2025. Classification: LIGHT BLUE.

Exceptions considered

第二十四条第(一)项60%Private UseMost permissive

Use of a published work for personal study, research, or appreciation. Broad '使用' covers any exclusive right; applies to any published work; restricted to personal/individual purposes.

第二十四条第(六)项40%Educational

Translation, adaptation, compilation, broadcasting, or small-quantity reproduction of a published work for classroom teaching or scientific research, for use by teachers or scientific researchers; not to be published or distributed.

第二十四条第(八)项40%Library Institutional

Reproduction by libraries, archives, memorial halls, museums, art galleries, cultural centers for display or preservation of works in their collections.

第二十四条第(二)项0%Quotation

Appropriate quotation from a published work in one's own work for introduction, comment, or demonstration.

第二十四条第(十三)项?Other

Catch-all delegation: other circumstances provided by laws or administrative regulations. No operative TDM or broader research exception has been enacted under this provision as of 2025.

Original text

English rendering

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