Information Network Communication Rights Protection Regulations

The "Regulations on the Protection of Information Network Communication Rights" was adopted at the 135th executive meeting of the State Council on May 10, 2006 and is hereby promulgated. It will come into force on July 1, 2006.
Premier Wen Jiabao May 18, 2006

Article 1 protects the right of dissemination of information networks by copyright holders, performers, audio and video producers (hereinafter collectively referred to as right holders), and encourages the creation and dissemination of works that are beneficial to the construction of socialist spiritual civilization and material civilization. The Copyright Law (hereinafter referred to as the Copyright Law) establishes this Regulation.
Article 2 The right of information network dissemination enjoyed by right holders is protected by the Copyright Law and this Regulation. Except as otherwise provided by laws and administrative regulations, any organization or individual who provides other people's works, performances, audio and video products through the information network to the public shall obtain the permission of the right holder and pay remuneration.
Article 3 Works, performances, and audio and video products that are prohibited by law shall not be protected by this Regulation.
The right holders who exercise the right to spread information on the Internet must not violate the Constitution, laws and administrative regulations, and must not harm the public interest.
Article 4 In order to protect the right of dissemination of information networks, right holders may take technical measures.
No organization or individual may intentionally avoid or destroy technical measures, nor intentionally manufacture, import, or provide to the public devices or components that are mainly used to avoid or destroy technical measures, and may not intentionally provide technical services for others to avoid or break technical measures. However, except as stipulated by laws and administrative regulations, it can be avoided.
Article 5 No organization or individual may perform the following acts without the permission of the right holder:
(1) Deliberately deleting or altering the rights management electronic information of works, performances, audio and video products provided to the public through the information network, except for technical reasons that cannot be avoided or deleted;
(2) Providing through the information network works, performances, and audio and video products that are known or should have been known to have been known or should have been known to have been deleted without the permission of the right holder, or that have changed the rights management electronic information.
Article 6 The provision of works of others through the information network may be subject to the following circumstances, and may not be remunerated without the permission of the copyright owner:
(1) To cite appropriate published works in the works provided to the public for the purpose of introducing, commenting on, or explaining a certain issue;
(2) In order to report on current affairs news, the published works are inevitably reproduced or quoted in the works provided to the public;
(3) Providing a small number of published works to a minority of teaching and research staff for classroom teaching or scientific research;
(4) In order to perform official duties, state organs provide the public with published works within reasonable limits;
(5) Rendering works of minority languages ​​written by Chinese citizens, legal persons, or other organizations that have been published in works written in the Chinese language and translated into Chinese ethnic minorities;
(6) To provide the blind person with published works of writing in a unique manner that can be perceived by the blind person not for profit;
(7) Provide the public with current affairs articles on political and economic issues that have been published on the information network;
(8) Provide the public with speeches made at public gatherings.
Article 7 Libraries, archives, memorial halls, museums, art galleries, etc., may provide the legally-published digital works collected by the library to the service objects of the library's library and display or preserve them in accordance with law, through the information network, without the permission of the copyright owner. Versions of works that need to be reproduced in digital form are not remunerated, but may not be directly or indirectly economically beneficial. Unless otherwise agreed by the parties.
The works prescribed in the preceding paragraph that are required to be reproduced in digital form for the purpose of display or preservation shall be damaged or endangered, lost or stolen, or their storage format is outdated and cannot be purchased in the market or may only be markedly higher than the calibration. The price of buying works.
Article 8 For the implementation of nine-year compulsory education or national education planning through information networks, the use of clips of short-form works or short works of writing, musical works or single artwork or photographic works may be used without the permission of the copyright owner. The courseware is provided to registered students through the information network by remote education institutions that make courseware or obtain courseware in accordance with the law, but should pay remuneration to copyright owners.
Article 9 To assist poverty, free access shall be provided to the public in rural areas through the information network for works that have been published by Chinese citizens, legal persons or other organizations such as planting and breeding, disease prevention and treatment, and disaster prevention and mitigation to assist poverty-related works and adapt to basic cultural needs. In the works, the network service provider shall announce the work to be provided and the author's and proposed payment standard before providing it. Within 30 days from the date of the announcement, if the copyright owner does not agree to provide, the network service provider may not provide his works; if the copyright owner has no objection on the 30th day after the announcement, the network service provider may provide his works and follow the instructions. The standard of the announcement pays the copyright owner. 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 a fee in accordance with the published standard.
Those who provide works in accordance with the provisions of the preceding paragraph may not obtain direct or indirect economic benefits.
Article 10 In accordance with the provisions of these Regulations, without the permission of the copyright owner to provide the work to the public through the information network, the following provisions shall also be observed:
(1) Except for the circumstances stipulated in items (1) to (6) and (7) of Article 6 of the present Regulations, it is forbidden to provide works whose authors have previously stated that they are not allowed to provide;
(B) the name of the specified work and the author's name (name);
(3) Paying remuneration in accordance with the provisions of this Regulation;
(4) adopting technical measures to prevent any person other than the persons served by the services specified in Articles 7, 8 and 9 of these Regulations from obtaining the copyright owner's work, and preventing the copying of the service objects specified in Article 7 of these Regulations. The copyright owner’s interests cause substantial damage;
(5) Infringement of other rights that the copyright owner has enjoyed in accordance with law.
Article 11 The provision of performances, audio and video recordings by others through information networks shall abide by the provisions of Articles 6 to 10 of these Regulations.
Article 12 Those who fall under the following circumstances may avoid technical measures, but may not provide others with technology, devices or components that avoid technical measures, and shall not infringe upon other rights that the obligee has enjoyed according to law:
(1) For classroom teaching or scientific research in schools, to provide a small number of teaching and research personnel with published works, performances, audio and video products through the information network, and the works, performances, audio and video products can only be obtained through the information network;
(2) Not providing for the purpose of profit, providing the blind person with the published text work through the information network in a unique way that the blind person can perceive, and the work can only be obtained through the information network;
(3) State organs perform official duties in accordance with administrative and judicial procedures;
(d) Testing the security performance of computers and their systems or networks on information networks.
Article 13 In order to investigate and punish violations of the right to disseminate information on the Internet, the copyright administrative department may require the network service provider to provide the name, contact information, network address, and other information of the suspected infringing service target.
Article 14 For network service providers who provide information storage space or provide search and link services, the obligee believes that the works, performances, and audio and video products involved in their services infringe their own right of spreading information network, or have been deleted or changed. If it is its right to manage electronic information, it may submit a written notice to the network service provider requesting the network service provider to delete the works, performances, audio and video products, or disconnect the links with the works, performances, audio and video products. The notice should include the following:
(1) The right holder's name (name), contact information and address;
(2) the name and network address of the infringing works, performances, audio and video products requested to be deleted or disconnected;
(3) The preliminary proof materials constituting the infringement.
The right holder shall be responsible for the authenticity of the notice.
Article 15 After receiving the notice of the obligee, the network service provider shall immediately delete the works suspected of infringement, performances, audio and video recordings, or disconnect the links with the works, performances, audio and video products suspected of infringement, and at the same time, If the network address of the service object is unknown and cannot be transferred, the notice shall be forwarded on the information network at the same time.
Article 16 After receiving the notice transmitted by the network service provider, the service object, if it believes that the work, performance, audio and video product provided by it has not infringed upon the rights of others, it may submit a written explanation to the network service provider requesting the restoration of the deleted work. , performances, audio and video recordings, or restoration of links to disconnected works, performances, and audiovisual products. Written instructions should include the following:
(1) The name (name), contact information and address of the service object;
(2) Names and network addresses of works, performances, audio and video products that require restoration;
(3) It does not constitute a preliminary proof of infringement.
The client should be responsible for the authenticity of the written explanation.
Article 17 After receiving the written explanation of the service object, the network service provider shall immediately restore the deleted work, performance, audio and video recordings, or may restore the links to the disconnected works, performances, and audio and video products. Wrote the written description of the client to the right holder. The obligee may no longer notify the network service provider to delete the work, performance, audio and video products, or disconnect the link with the work, performance, and audio and video products.
Article 18 Whoever, in violation of the provisions of this Regulation, commits one of the following infringement acts shall, according to the circumstances, bear the civil liabilities of stopping the infringement, eliminating the influence, apologizing, and compensating for losses; and at the same time damaging the public interest, the copyright administrative department may order the infringement of the infringement. Acts shall be confiscated of illegal gains and may be fined not more than 100,000 yuan. In serious cases, the copyright administrative department may confiscate computers and other equipment used mainly to provide network services; if a crime is constituted, criminal responsibility shall be investigated according to law:
(1) Providing other people's works, performances, and audio and video products to the public without authorization through an information network;
(2) deliberately avoiding or sabotaging technical measures;
(3) Deliberately deleting or changing the rights management electronic information of works, performances, audio and video products provided to the public through the information network, or providing information to the public through information networks. Knowing or knowingly deleting or changing the rights management without permission of the right holders Electronic information works, performances, audio and video products;
(4) Providing works, performances, sound recordings and video products to rural areas through the information network to exceed the prescribed scope, or failing to pay remuneration in accordance with the published standards, or after the right holders do not agree to provide their works, performances, and audio and video products Delete immediately
(5) Providing other people's works, performances, audio and video products, names, authors, performers, and names of audio and video producers of unspecified works, performances, audio and video products, or unpaid rewards through information networks, or Failing to implement technical measures in accordance with the provisions of this Regulation to prevent others other than the service recipient from obtaining other people's works, performances, audio and video recordings, or not preventing the copying of the service recipient from materially harming the interests of the rights holder.
Article 19 Whoever commits one of the following acts in violation of the provisions of these Regulations shall be warned by the copyright administration department, confiscate the illegal gains, and confiscate the equipment or components that are mainly used to avoid or destroy technical measures; if the circumstances are serious, the principals may be confiscated. Computers and other equipment used to provide network services may be fined not more than 100,000 yuan; if a crime is constituted, criminal responsibility shall be investigated according to law:
(1) Deliberately manufacturing, importing or providing to others equipment or components that are mainly used for avoiding or destroying technical measures, or providing technical services intended to avoid or destroy technical measures for others;
(2) Providing other people's works, performances, audio and video products through the information network, and obtaining economic benefits;
(3) Names, authors, performers, and names of audio and video producers who have provided works, performances, audio and video products to rural areas through poverty information networks, and have not announced the names, authors, performers, and audio and video producers of the works, performances, and audio and video products before they are provided. And the reward standard.
Article 20 The network service provider shall provide network automatic access service according to the instructions of the service object, or provide automatic transmission services for works, performances, audio and video products provided by the service object, and meet the following conditions, and shall not bear the liability for compensation:
(1) Failing to select and change the transmitted works, performances, audio and video products;
(2) Providing the works, performances, audio and video products to designated service targets, and preventing them from being obtained by anyone other than the designated service targets.
Article 21 Network service providers shall automatically store works, performances, audio and video products obtained from other network service providers in order to improve the efficiency of network transmission, and shall automatically provide them to the service subjects in accordance with the technical arrangements, and meet the following conditions, and shall not be liable. Liability:
(1) Unchanged automatically stored works, performances, audio and video products;
(2) The original network service provider who does not affect the provision of works, performances, audio and video products shall have knowledge of the situation of the service object obtaining the works, performances, audio and video products;
(3) When the original network service provider modifies, deletes or shields the works, performances, audio and video products, it shall be automatically modified, deleted or screened according to the technical arrangement.
Article 22 The network service provider provides information storage space for the service object, and the service object provides work, performance, audio and video products to the public through the information network, and meets the following conditions, and does not bear the liability for compensation:
(1) It is clearly indicated that the information storage space is provided for the service object, and the name, contact person, and network address of the network service provider are disclosed;
(2) The works, performances, audio and video products provided by the service object have not been changed;
(3) Infringement of works, performances, and audio and video products provided by the service object should be known without reason or with reasonable reasons;
(4) Obtaining economic benefits without directly providing works, performances, audio and video products from the service object;
(5) After receiving the notice of the obligee, delete the works, performances, audio and video products that the obligee believes to be infringing according to the provisions of this Regulation.
Article 23: The network service provider provides search or link services for the service object. After receiving the notice of the right holder, it shall not be liable for compensation if it disconnects the infringing work, performance, audio and video product link according to the provisions of this regulation. Responsibilities; However, knowing or should be aware of the linked works, performances, audio and video products infringement, should bear joint tort liability.
Article 24 If the network service provider causes the network service provider to erroneously delete the works, performances, audio and video recordings, or improperly disconnects the links with the works, performances, audio and video products due to the notice of the obligee, and the loss to the service object is caused, the obligee shall Liability.
Article 25 If the network service provider refuses to provide or delays the provision of the name, contact information, network address, or other information of the allegedly infringing service provider without justified reasons, the copyright administration authority shall give a warning; if the circumstances are serious, it shall be forfeited. Mainly used to provide network services such as computers.
Article 26 The meaning of the following terms in these Regulations:
Information network dissemination rights refer to the provision of works, performances, or audio and video products to the public in a wired or wireless manner so that the public can obtain works, performances, or audio and video recordings at selected times and locations.
Technical measures refer to effective technologies, devices or components used to prevent or limit unauthorized browsing, appreciation of works, performances, audio and video recordings or the provision of works, performances, audio and video products through the information network to the public.
The rights management electronic information refers to the information describing the works and their authors, performers and performers, audio and video products and their producers, information on the works, performances, rights holders of audio and video products, and information on the conditions of use, as well as the above information The number or code.
Article 27 This Regulation shall come into force on July 1, 2006.