"Regulations on the Protection of Information Network Communication Rights"

On May 18 , 2006 , Order No. 468 of the State Council of the People 's Republic of China announced that in accordance with the " Revision of the Letter of the State Council on January 30 , 2013 " Decision to amend the Regulations on the Protection of the Right to Disseminate Information Network

Article 1 In order to protect the information network dissemination rights of copyright owners, performers, and audio and video producers (hereinafter collectively referred to as rights holders) and encourage the creation and dissemination of works that are beneficial to the construction of socialist spiritual civilization and material civilization, in accordance with the "People's Republic of China" Copyright Law (hereinafter referred to as the Copyright Law), these regulations are formulated.

Article 2 The right of information network dissemination enjoyed by the rights holder shall be protected by the Copyright Law and these Regulations. Unless otherwise provided by laws and administrative regulations, any organization or individual that provides other people's works, performances, audio or video recordings to the public through information networks must obtain permission from the rights holder and pay remuneration.

Article 3 Works, performances, and audio and video products that are prohibited from being provided according to law are not protected by these regulations.

When rights holders exercise their right to disseminate information online, they must not violate the Constitution, laws, and administrative regulations, or harm public interests.

Article 4 In order to protect the right to disseminate information online, rights holders may take technical measures.

No organization or individual may intentionally avoid or destroy technical measures, may not intentionally manufacture, import, or provide to the public devices or components mainly used to avoid or destroy technical measures, and may not intentionally provide technical services for others to avoid or destroy technical measures. However, exceptions are made that can be avoided according to laws and administrative regulations.

Article 5 Without the permission of the right holder, no organization or individual may conduct the following acts:

(1) Deliberately deleting or changing the electronic rights management information of works, performances, audio and video recordings provided to the public through information networks, except where the deletion or change cannot be avoided due to technical reasons;
(2) Providing to the public through information networks works, performances, audio and video recordings that are known or should have been known to have been deleted or the electronic rights management information changed without the permission of the right holder.

Article 6 If the works of others are provided through information networks and fall under the following circumstances, the copyright owner may not be permitted to obtain permission and no remuneration shall be paid to him or her:

(1) In order to introduce or comment on a certain work or explain a certain issue, appropriately quote published works in works provided to the public;
(2) In order to report current affairs news, unavoidably reproduce or quote published works in works provided to the public;
(3) Providing a small number of published works to a small number of teaching and scientific researchers for school classroom teaching or scientific research;
(4) In order to perform official duties, state agencies provide published works to the public within a reasonable scope;
(5) Translate works written in Chinese and written by Chinese citizens, legal persons or other organizations into minority languages ​​and provide them to ethnic minorities in China;
(6) Not for profit, and provide published written works to blind people in a unique way that blind people can perceive;
(7) Provide the public with current articles on political and economic issues that have been published on information networks;
(8) Make speeches delivered at public gatherings available to the public.

Article 7 Libraries, archives, memorial halls, museums, art galleries, etc. may provide legally published digital works collected by the library to service objects in the library premises through information networks and for display or preservation in accordance with the law without the permission of the copyright owner. No remuneration will be paid for works that need to be reproduced in digital form, but no economic benefits may be obtained directly or indirectly. Unless otherwise agreed by the parties.

The works that need to be reproduced in digital form for display or preservation as specified in the preceding paragraph should be damaged or on the verge of damage, lost or stolen, or their storage format is outdated and cannot be purchased on the market or can only be purchased at a price significantly higher than the calibration price. Works purchased at a price.

Article 8 In order to implement the nine-year compulsory education or the national education plan through the information network, fragments of published works or short written works, musical works or single pieces of fine art or photographic works may be used without the permission of the copyright owner. Courseware shall be provided to registered students through information networks by distance education institutions that produce courseware or obtain courseware in accordance with the law, but remuneration shall be paid to the copyright holder.

Article 9 In order to assist the poor, works published by Chinese citizens, legal persons or other organizations on planting and breeding, disease prevention and treatment, disaster prevention and reduction, etc. that are related to poverty alleviation and that meet basic cultural needs are provided free of charge to the public in rural areas through information networks. For works, network service providers should announce the works to be provided, their authors, and the proposed remuneration standards before providing them. Within 30 days from the date of announcement, if the copyright owner does not agree to provide the work, the network service provider shall not provide the work; if 30 days from the date of announcement, the copyright owner has no objection, the network service provider may provide the work in accordance with the Remuneration is paid to the copyright holder according to the published standards. After the network service provider provides the copyright owner's work, if the copyright owner does not agree to provide it, the network service provider shall immediately delete the copyright owner's work and pay the copyright owner the remuneration for providing the work in accordance with the announced standards.

Those who provide works in accordance with the provisions of the preceding paragraph shall not obtain direct or indirect economic benefits.

Article 10 Those who provide their works to the public through information networks without the permission of the copyright owner in accordance with the provisions of these Regulations shall also comply with the following provisions:

(1) Except for the circumstances stipulated in Article 6, Items 1 to 6, and Article 7 of these Regulations, works that the author has declared in advance not to be provided shall not be provided;
(2) Specify the title of the work and the name of the author;
(3) Pay remuneration in accordance with the provisions of these regulations;
(4) Take technical measures to prevent others other than the service recipients stipulated in Articles 7, 8 and 9 of these Regulations from obtaining the copyright holder's works, and to prevent the copying behavior of the service recipients stipulated in Article 7 of these Regulations from harming the copyright owner's works. Substantial damage is caused to the interests of the copyright owner;
(5) It shall not infringe other rights enjoyed by the copyright owner in accordance with the law.

Article 11 Anyone who provides others’ performances, audio or video recordings through information networks shall comply with the provisions of Articles 6 to 10 of these Regulations.

Article 12 Under the following circumstances, technical measures can be circumvented, but technology, devices or components for circumventing technical measures may not be provided to others, and other rights enjoyed by the obligee in accordance with the law shall not be infringed:

(1) Providing published works, performances, and audio and video recordings to a small number of teaching and scientific researchers through information networks for school classroom teaching or scientific research, and such works, performances, and audio and video recordings can only be obtained through information networks;
(2) Not for profit, providing published written works to blind people through information networks in a unique way that blind people can perceive, and the works can only be obtained through information networks;
(3) State organs perform official duties in accordance with administrative and judicial procedures;
(4) Test the security performance of computers and their systems or networks on information networks.

Article 13 In order to investigate and deal with infringement of information network dissemination rights, the copyright administrative department may require network service providers to provide the name, contact information, network address and other information of the service object suspected of infringement.

Article 14 For network service providers that provide information storage space or provide search and link services, rights holders believe that the works, performances, audio and video products involved in their services infringe their rights to information network dissemination or have been deleted or changed. If you have your own rights to manage electronic information, you may submit a written notice to the network service provider, requesting the network service provider to delete the work, performance, audio or video recording, or disconnect the link to the work, performance, audio or video recording. The notice shall contain the following contents:

(1) Name, contact information and address of the right holder;
(2) The name and network address of the infringing works, performances, audio and video products requested to be deleted or disconnected;
(3) Preliminary proof of infringement.

The right holder shall be responsible for the authenticity of the notification.

Article 15 After receiving the notice from the right holder, the network service provider shall immediately delete the allegedly infringing works, performances, audio and video products, or disconnect the allegedly infringing works, performances, audio and video products, and at the same time The notice shall be forwarded to the service recipients who provide works, performances, and audio and video products; if the service recipient's network address is unknown and cannot be forwarded, the contents of the notice shall be announced on the information network at the same time.

Article 16 After receiving the notice forwarded by the network service provider, if the service recipient believes that the works, performances, audio and video products provided do not infringe the rights of others, he may submit a written explanation to the network service provider and request the restoration of the deleted works. , performances, audio or video recordings, or to restore links to disconnected works, performances, audio or video recordings. The written description should contain the following:

(1) Name, contact information and address of the service recipient;
(2) The name and Internet address of the works, performances, audio and video products requested to be restored;
(3) Preliminary proving materials that do not constitute infringement. The service recipient shall be responsible for the authenticity of the written statement.

Article 17 After receiving the written explanation from the service object, the network service provider shall immediately restore the deleted works, performances, audio and video products, or may restore the link to the disconnected works, performances, audio and video products, and at the same time Forward the written description of the service recipient to the right holder. The rights holder shall no longer notify the network service provider to delete the work, performance, or audio or video recordings, or to disconnect the work, performance, or audio or video recordings.

Article 18 Anyone who violates the provisions of these Regulations and commits one of the following infringements shall bear civil responsibilities such as ceasing the infringement, eliminating the impact, making an apology, and compensating for losses, depending on the circumstances; if the public interest is harmed at the same time, the copyright administrative department may order him to cease the infringement. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not less than 1 time but not more than 5 times the illegal business volume may be imposed; if there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of 25% may be imposed depending on the seriousness of the case. A fine of not more than 10,000 yuan; if the circumstances are serious, the copyright administrative department may confiscate computers and other equipment mainly used to provide network services; if a crime is constituted, criminal liability shall be pursued in accordance with the law:

(1) Providing other people’s works, performances, audio and video recordings to the public without authorization through information networks;
(2) Deliberately avoiding or destroying technical measures;
(3) Deliberately deleting or changing the electronic rights management information of works, performances, and audio and video products provided to the public through information networks, or providing the public through information networks knowingly or should have known that the rights management had been deleted or changed without the permission of the rights holders. Electronic information works, performances, audio and video recordings;
(4) Providing works, performances, and audio and video products to rural areas through information networks for poverty alleviation exceeds the prescribed scope, or fails to pay remuneration in accordance with the announced standards, or fails to provide works, performances, and audio and video products after the rights holder does not agree to provide them. immediately deleted;
(5) Providing other people's works, performances, and audio and video products through information networks without specifying the name of the work, performance, or audio and video products or the name of the author, performer, or audio and video producer, or without paying remuneration, or Failure to take technical measures in accordance with the provisions of these regulations to prevent others other than the service recipients from obtaining other people's works, performances, audio and video products, or failure to prevent the service recipients' copying behavior from causing substantial damage to the interests of the rights holders.

Article 19 Anyone who violates the provisions of these Regulations and commits any of the following acts shall be given a warning by the copyright administrative department, the illegal income shall be confiscated, and the devices or components mainly used to circumvent or destroy technical measures shall be confiscated; if the circumstances are serious, the main components may be confiscated Computers and other equipment used to provide network services; if the illegal business volume exceeds 50,000 yuan, a fine of not less than 1 time but not more than 5 times the illegal business volume may be imposed; if there is no illegal business volume or the illegal business volume is less than 50,000 yuan, fines shall be imposed according to the severity of the case , a fine of not more than 250,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law:

(1) Intentionally manufacturing, importing or providing to others devices or components mainly used to avoid or destroy technical measures, or intentionally providing technical services for others to avoid or destroy technical measures;
(2) Providing other people’s works, performances, audio and video recordings through information networks and obtaining economic benefits;
(3) Providing works, performances, and audio and video products to rural areas through information networks for poverty alleviation without announcing the names of the works, performances, and audio and video products and the names of authors, performers, and audio and video producers before provision and remuneration standards.

Article 20 If a network service provider provides automatic network access services according to the instructions of the service object, or provides automatic transmission services for works, performances, audio and video products provided by the service object, and meets the following conditions, it shall not be liable for compensation:

(1) The transmitted works, performances, audio and video recordings have not been selected and have not been changed;
(2) Provide the works, performances, audio and video products to the designated service recipients, and prevent others other than the designated service recipients from obtaining them.

Article 21 If a network service provider automatically stores works, performances, audio and video products obtained from other network service providers in order to improve network transmission efficiency, and automatically provides them to service objects according to technical arrangements, and meets the following conditions, it shall not be liable Liability:

(1) Unchanged automatically stored works, performances, audio and video recordings;
(2) It does not affect the original network service provider that provides the works, performances, and audio and video products to control the service recipient's access to the works, performances, and audio and video products;
(3) When the original network service provider modifies, deletes or blocks the work, performance, audio or video recording, it shall be automatically modified, deleted or blocked according to technical arrangements.

Article 22 If a network service provider provides information storage space for service objects to provide works, performances, audio and video recordings to the public through information networks, and meets the following conditions, it shall not be liable for compensation:

(1) Clearly indicate that the information storage space is provided for service objects, and disclose the name, contact person, and network address of the network service provider;
(2) The works, performances, and audio and video products provided by the service recipients have not changed;
(3) Does not know and has no reasonable reason to know that the works, performances, audio and video products provided by the service recipient are infringing;
(4) No direct economic benefit has been obtained from the works, performances, audio and video products provided by the service recipient;
(5) After receiving the notice from the right holder, delete the works, performances, audio and video products that the right holder believes to be infringing in accordance with the provisions of these regulations.

Article 23 If a network service provider provides search or link services to service objects and disconnects the link to the infringing works, performances, audio and video products in accordance with the provisions of these regulations after receiving a notice from the right holder, it shall not be liable for compensation. However, if you know or should have known that the linked works, performances, audio and video products are infringing, you shall bear joint liability for infringement.

Article 24 If a network service provider mistakenly deletes a work, performance, or audio and video products due to a notice from the right holder, or incorrectly disconnects a work, performance, or audio or video product, thereby causing losses to the service recipient, the right holder shall Liability.

Article 25 If an Internet service provider refuses to provide or delays providing the name, contact information, network address and other information of a service object suspected of infringement without justifiable reasons, the copyright administrative department shall issue a warning; if the circumstances are serious, it shall be confiscated. Mainly used for computers and other equipment that provide network services.

Article 26 The meanings of the following terms in these Regulations:

The right of information network dissemination refers to the right to provide works, performances or audio and video products to the public through wired or wireless means, so that the public can obtain the works, performances or audio and video products at a time and place of their personal choosing.

Technical measures refer to effective technologies, devices or components used to prevent or restrict the browsing and appreciation of works, performances, audio and video products without the permission of the right holder, or to provide works, performances, audio and video products to the public through information networks.

Rights management electronic information refers to information describing works and their authors, performances and performers, audio and video recordings and their producers, information and conditions of use of rights holders of works, performances, and audio and video recordings, as well as information indicating the above information number or code.

Article 27 These Regulations shall come into effect on July 1, 2006.

"Regulations on the Protection of Information Network Communication Rights"

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