Protect Your Software, Your Ideas, Your Content — How Copyright in China Works

Every creator thinks, “I’ll deal with copyright later.”  Many regret it.

Some Real-Life Failures

A European game developer launched a mobile app in China without registering the copyright. Within months, copycat versions appeared on major app stores — same graphics, same gameplay, but under a different name. Without registration with China’s National Copyright Administration (NCA), it took more than a year of legal battles — and tens of thousands in legal fees — just to prove ownership of the original code. By the time the case was resolved, the clone had already taken over most of the market.

An Australian e-book author sold her Chinese translation through a local distributor, who then uploaded the file to multiple online bookstores without permission. Without Chinese copyright registration, she struggled to prove ownership in court. The litigation dragged on, and while she eventually won, the cost in money, time, and lost sales outweighed the damages awarded.

These stories are common in China’s high-speed digital economy. The lesson is simple: If you create something valuable, protect it before you release it.

What Can Be Copyrighted

In China, copyright protection covers a broad range of intellectual property, granting creators the exclusive right to reproduce, distribute, adapt, display, and license their work.

Examples include:

• Software: Source code,  algorithms, user interfaces, databases, and APIs.

• Audiovisual  works: Scripts, video footage, soundtracks, and visual effects.

• Games: Software, graphics, characters, artwork, and gameplay elements.

• Written or illustrated works: Text, illustrations, layouts, and cover designs.

• Apps: Source code, design, and user interface.

• Videos: Script, visuals, and audio.

• E-books: Text, layout, and illustrations.

What Copyright Does for the Creator

By securing copyright, creators gain:

• Recognized legal ownership.

• The ability tostop unauthorized copying or distribution.

• The opportunity  to monetize their work through licensing and partnerships.

• Increased  commercial value of intellectual property in China’s competitive digital marketplace.

Is Your Creation Automatically Protected?

Yes — in China, copyright protection starts the moment your software or content is created and fixed in a tangible form. However, automatic protection alone may not be enough. You can strengthen your position by:

• Registering your copyright with the NCA for additional legal advantages.

• Documenting your development process to prove originality and  authorship.

Can Foreign Creators Register Copyright in China?

Yes — all foreigners, whether inside or outside China, can register copyright by following this process:

1. Prepare  required documents — passport or business certificate, completed application form, operation manual, and at least 3,000 lines of source code (all in Chinese; some documents may require an apostille).

2. Appoint a licensed Chinese agent to submit your application to the NCA.

3. Pay the official registration fees.

4. Wait for NCA  review and approval (usually several months).

What You Can Do With Your Copyright

Owning a copyright gives you control over how your work is used and monetized. You can:

• License your  work to others under clear terms, defining exactly how it can be used.

• Protect your  APIs by restricting and monitoring access to prevent copying or misuse.

• Enforce usage  conditions through well-drafted terms of service and user agreements.

Fighting Piracy and Unlicensed Use

To prevent piracy and unauthorized distribution, Gomax can help you:

• Proactively monitor online platforms for illegal copies.

• Use digital rights management (DRM) to prevent unauthorized duplication.

• Educate users  about legal risks and security concerns tied to pirated software.

• Establish an internal reporting process for infringement.

• Hire legal counsel experienced in Chinese IP law.

• Join industry  associations that advocate for stronger enforcement.

  
  

The Bottom Line — Act Now

Every day you delay, you risk losing control of your work. Contact Gomax today to find out how we can help you protect your software, ideas, and digital content in China.

Email: trademark@gomaxgroup.com