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Administrative Protection Of Copyright On The Internet Way

Original Language Title: 互联网著作权行政保护办法

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(April 29, 2005 the national copyright administration, Ministry of information industry announced as of May 30, 2005, 5th) first in order to strengthen the right to network dissemination of information in the Internet Information Services administrative protection, regulation of administrative enforcement actions, in accordance with the People's Republic of China copyright law and other relevant laws, administrative regulations, and these measures are formulated.
    Second approach applies to Internet information services based on Internet content provider's instructions, works automatically via the Internet, video recordings and other content to upload, store, links or search functions, and the storage or transmission of the contents without any edit, modify or select a behavior.
    Internet Information Services provides Internet content directly in the activities of applicable copyright law.
    This way, the term "Internet content provider" refers to the Internet user published content on the Internet. Article copyright administrative management departments at all levels in accordance with the laws and administrative regulations and these rules of the right to network dissemination of information in the Internet Information Services administrative protection.
    Information Industry Department of the State Council and the provincial, autonomous region, municipality directly under the telecommunications administrative agency shall cooperate with related work.
    Article fourth copyright administrative authorities for violations of the right to network dissemination of information in the Internet Information Services administrative penalties, on the application of the measures for the implementation of administrative punishments for copyright. Violations of the right to network dissemination of information in the Internet Information Services Copyright administrative departments of the tortious conduct.
    Violations committed included the provision of these measures listed in the second section of the Internet information service active server equipment is located.
    Article fifth Internet the copyright owner of the content violates their copyrights, to other Internet information service providers or their authorized agencies (hereinafter "Internet service provider") after notification, Internet information service providers should take immediate measures to remove relevant content, and retain the copyright notice of 6 months. Sixth Internet information service providers after receiving notice of the copyright owner, should document the content of information and its publication time, the Internet address or domain name.
    Internet service providers, Internet content providers should record the access time, user accounts, Internet addresses, or domain names, call the phone number and other information.
    Records should be kept for 60 days referred to in the preceding paragraph, and competent administration of copyrights shall be provided when the query. Article seventh Internet information service provider upon notification by the copyright holder removing relevant content, Internet content providers can provide Internet service provider together with the copyright holder stating that removing content is not copyright infringement counter-notice.
    Counter-notification, Internet information service providers can restore the removed content and not bear administrative liability for the Recovery Act.
    Article eighth copyright notice should contain the following: (a) proof of copyright ownership violations by the allegedly infringing content, (ii) clear identification, address, contact, (iii) the location of the allegedly infringing content on the information network and (iv) evidence of copyright infringement; (e) notification to the authenticity of the statement.
    Nineth Internet content providers the counter-notice should contain the following elements: (a) clear identification, address, contact, (ii) to prove the legality of the removed content, (iii) location of the removed content on the Internet; (d) counter-notification to the authenticity of the statement.
    Article tenth copyright notice and counter-notice Internet content providers should be in written form.
    Copyright notice and counter-notification of Internet content providers do not have this article eighth and Nineth content required under section, as issued. 11th article Internet information service provides who knows Internet content provides who through Internet implementation violations others copyright of behavior, or is not knows, but received copyright people notification Hou not take measures moved except related content, while damage social public interests of, copyright administration sector can according to People's Republic of China copyright method 47th article of provides ordered stop infringement behavior, and give following administrative punishment: (a) confiscated illegal proceeds; (ii) sentenced illegal business amount 3 times times following of fine
    ; It is difficult to calculate the amount of illegal business operations, may be fined not more than 100,000 yuan.
    12th there was no evidence of knowing infringement of Internet information service providers or Internet service providers after receiving notice from the copyright owner, take measures to remove relevant content, not bear administrative liability.
    13th copyright administrative departments in dealing with violations of the right to network dissemination of information in the Internet information services case, measures for the implementation of administrative punishments on 12th of may, in accordance with the copyright regulations require the copyright owner to submit required documentation, as well as Internet information service provider notification and the Internet service provider did not take measures to remove relevant content to prove it.
    14th article Internet information service provides who has this approach 11th article provides of case, and by copyright administration sector law finds specifically engaged in piracy activities, or has other serious plot of, state information industry competent sector or province, and autonomous regions, and municipalities telecommunications management institutions according to related legal, and administrative regulations of provides processing; Internet access service provides who should according to state information industry competent sector or province, and autonomous regions, and municipalities telecommunications management institutions of notification, tie implementation corresponding of processing measures.
    15th Internet information service providers fail to implement these measures obligations under article sixth, by the information industry department or province, autonomous regions and municipalities directly under the telecommunications regulators warned, may be fined a maximum of 30,000 yuan.
    16th copyright administrative departments in dealing with violations of the right to network dissemination of information in the Internet information services in cases, Internet information service providers constitute a crime, shall, in accordance with the State Council regulations on administrative law enforcement organs transfer suspected criminal cases to transfer the case to the judiciary, criminal responsibility shall be investigated according to law.
    Article 17th performers, producers of sound recordings and video recordings and other copyright-related right holders through the Internet communication to the public of their performances or sound recording or video recording of administrative protection of the rights of the application of this approach.
    18th article of the approach by the national copyright administration and the Ministry of information industry is responsible for the interpretation.
                                                                                                      19th article this way as of May 30, 2005.