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The State Council On Amending The Regulation On The Protection Of The Right To Network Dissemination Of Information Decision

Original Language Title: 国务院关于修改《信息网络传播权保护条例》的决定

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People's Republic of China promulgated by Decree No. 634

                       
On amendments to the regulations on the protection of the right to network dissemination of information of the State Council Executive meeting of the State Council on January 16, 2013 No. 231 of the decision adopted, promulgated and take effect on March 1, 2013.
                           Prime Minister Wen Jiabao
  On January 30, 2013, the State Council on amending the regulations on the protection of the right to network dissemination of information decision

Decision of the State Council regulations on the protection of the right to network dissemination of information as follows:

In the 18th, 19th, "and liable to a fine below 100,000 yuan" is revised as follows: "illegal operation amount 50,000 Yuan or more, illegal operation 1 time more than 5 times the amount of a fine; no amount of illegal business operations or the illegal business of less than 50,000 yuan, according to the circumstances, to a fine of up to 250,000 yuan."

  This decision shall take effect on March 1, 2013.

The regulation on the protection of the right to network dissemination of information in accordance with this decision be revised and republished.
  Regulations on protection of information network transmission right

(May 18, 2006 People's Republic of China promulgated by Decree No. 468, released January 30, 2013, the State modified the information network transmission right protection Ordinance revision of the decision)

First to protect copyright owners, performers, producers of sound recordings and video recordings (hereinafter referred to as the right person) the right of communication through information network, encourage beneficial to the construction of socialist spiritual civilization and material civilization of the creation and dissemination of works, in accordance with the People's Republic of China copyright law (hereinafter referred to as the copyright law), this Ordinance is enacted. Rights holders have the right to network dissemination of information in article is protected by copyright law and the regulations.

Except as otherwise stipulated by laws, administrative regulations, and no organization or individual will be someone else's work, performance, sound recording or video recording available to the public through information networks, shall obtain the permission of the rights, and pay.

Third law prohibits the provision of works, performances, sound recordings and video products, are not subject to these regulations.

Rights exercise of the right of communication through information network, shall not violate the Constitution and the laws, administrative regulations, and shall be without prejudice to the public interest.

Fourth, in order to protect the right to network dissemination of information, the right holder can take technical measures. No organization or individual shall not intentionally bypass or undermine technical measures shall not intentionally manufactured, imported or made available to the public are mainly used for avoiding or damaging devices or components of technical measures, shall not intentionally bypass or undermine measures to provide technical services for others.

However, except as stipulated by laws and administrative regulations to avoid.

  The fifth without the permission of the rights, and no organization or individual may engage in the following behavior:

  (A) intentionally remove or change through information networks to provide the public with the work, performance, sound recording or video recording of electronic rights management information, but for technical reasons cannot be avoided except for deleted or changed;

(B) available to the public through information networks knows or should know without permission from the rights holders are removing or altering electronic rights management information of work, performance, sound recording or video recording.

  Sixth through information networks provide someone else's work, the following circumstances, without permission of the copyright owner and without payment of remuneration:

  (A) to introduce, comment on, a work, or demonstration of a problem, to provide the public with appropriate references in the works of a published work;

  (B) for reporting current events, inevitably in the works to the public reproduction or reference of a published work;

  (Iii) classroom teaching or scientific research, to the small number of teaching and research staff to provide a small amount of a published work;

  (D) the State organ for the performance of official duties, provided to the public within reasonable limits of a published work;

  (E) published by Chinese citizens, legal persons or other organizations, works to Chinese language translation into minority languages work, to ethnic minorities in China;

  (Vi) not for profit-making purposes, by blind people can feel unique to blind people in the form of a published literary works;

  (VII) available to the public in the information published on the Internet on political, economic problems in current affairs articles;

(H) the speech made available to the public at the public rally. Seventh article library, archives, Museum, museums, art galleries, without the permission of the copyright owner, through the information network to provide the service within the premises of the library the library's collection of published digital works and by law, display or save a version needs to copy works in digital form, does not pay the compensation, without direct or indirect economic benefits.

Unless otherwise agreed by the parties.

Provided for in the preceding paragraph for the exhibition or preserve that need to copy works in digital form, should be to have damage or threatened damage, lost or stolen, or its storage format is outdated, and not in the market buying or only to calibration of significantly higher prices for work.

Eighth article for through information network implementation nine years business compulsory education or national education planning, can not by copyright people license, using its has published works of pieces or short of text works, and music works or single of art works, and photography works making courseware, by making courseware or law made courseware of remote education institutions through information network to registered students provides, but should to copyright people paid paid. Nineth for Helping the Needy, through information network free of charge to the public in rural areas with Chinese citizens, legal persons or other organizations have issued plant breeding, disease, disaster and helping poverty-related work and meet the demand of basic cultural works, Internet service providers should provide notice to be provided by the works and their authors, intended to pay standard. From the date of notice in the 30th, not the copyright owner agrees to provide, and Internet service providers may not provide their work; the announcement date of the 30th, the copyright owner has no objection, Internet service providers can provide their works, and follow the standard pay remuneration to the copyright notice.

Network service providers works of the copyright owner, the copyright holder does not agree to provide, Internet service provider should immediately remove copyright works, and, in accordance with the standards of the bulletin, to remuneration paid during the work of the copyright owner.

Provide work in accordance with the provisions of the preceding paragraph, shall directly or indirectly receive economic benefits.

  The tenth article in accordance with the provisions of this Ordinance, without permission of the copyright owner, through information networks offering their work to the public shall also comply with the following provisions:

  (A) subject to article VI of this Ordinance to the sixth, seventh and circumstances provided for in article shall provide authors don't provide prior statement of work;

  (B) indicates the name of the work, and the author's name (name);

  (C) pay the remuneration in accordance with the provisions of this Ordinance;

  (D) take technical measures to prevent this section seventh, eighth and Nineth provides clients access to copyright works other than, and preventing the replication behavior of the seventh article of the Bill target cause substantial harm to the interests of the copyright owner;

(E) inviolability shall enjoy the other rights of the copyright owner.

11th through information network provides the performance, sound recording or video recording of another, shall comply with the sixth to tenth of the provisions of this Ordinance.

  12th the following circumstances, technical measures can be avoided, but is not allowed to provide others with technical measures to avoid the technology, device or component shall not prejudice the rights shall enjoy the other rights:

  (A) classroom teaching or scientific research, to minorities through information network teaching and research personnel of a published work, performance, sound recording or video recording, and the work, performance, sound recording or video recording can only be obtained through information network;

  (B) not for profit-making purposes, via the information network to blind people can feel unique to blind people in the form of a published literary works, and the works can only be obtained through information network;

  (C) the State organs in accordance with the administrative and judicial procedures on mission;

(D) in the information network of the computer and its system or network security performance test.

13th the Copyright Administration Department to investigate and deal with violations of the right to network dissemination of information, may request a network service provider of allegedly infringing service object name (name), contact information, Web address and other information. 14th article on provides information storage space or provides search, and links service of network service provides who, right people think its service by involved of works, and performances, and recording video products, violations himself of information network spread right or was delete, and change has himself of right management electronic information of, can to the network service provides who submitted written notification, requirements network service provides who delete the works, and performances, and recording video products, or disconnect and the works, and performances, and recording video products of links.

  Notices shall contain the following information:

  (A) the owner's name (name), contact details and address;

  (B) the infringement of the requirements should be removed or broken links work, performance, sound recording or video recording the names and network addresses;

(C) preliminary evidence of the infringement.

Right holders should be responsible for the authenticity of the notice.

15th article network service provides who received right people of notice Hou, should immediately delete suspected infringement of works, and performances, and recording video products, or disconnect and suspected infringement of works, and performances, and recording video products of links, and while will notice transferred provides works, and performances, and recording video products of service object; service object network address unknown, and cannot transferred of, should will notice of content while in information network Shang announcement. 16th service objects to the network service provider referral notice, think their works, performances, sound recordings and video products do not infringe upon the rights of others, you can call your network service provider to submit written statements, demanded the restoration of deleted work, performance, sound recording or video recording, or restoration and disconnected work, performance, sound recording or video recording links.

  Written statement shall contain the following information:

  (A) the service object's name (name), contact details and address;

  (B) demanded the restoration of the work, performance, sound recording or video recording the names and network addresses;

(C) does not constitute an infringement of the preliminary evidence.

Clients shall be responsible for the authenticity of the writing. 17th Internet service providers after receiving the clients written instructions shall immediately recover the deleted work, performance, sound recording or video recording, or you can restore and be disconnected from the work, performance, sound recording or video recording links and services transferred to the right holder object in writing.

Right not to notify Internet service providers to remove the work, performance, sound recording or video recording, or disconnect the links to work, performance, sound recording or video recording. 18th article violation this Ordinance provides, has following infringement behavior one of of, according to situation bear stop against, and elimination effect, and apologized, and compensation loss, civil responsibility; while damage public interests of, can by copyright administration sector ordered stop infringement behavior, confiscated illegal proceeds, illegal business amount 50,000 yuan above of, can at illegal business amount 1 time times above 5 times times following of fine; no illegal business amount or illegal business amount 50,000 yuan following of, according to plot weight, can at 250,000 yuan following of fine

  In serious cases, copyright administrative authorities may confiscate mainly used in computers that provide network services, such as equipment constitutes a crime, criminal responsibility shall be investigated in accordance with law:

  (A) available to the public through information network without authorization of others work, performance, sound recording or video recording;

  (B) technical measures for trying to avoid or destroy;

  (C) intentionally remove or change through information networks to provide the public with the work, performance, sound recording or video recording of electronic rights management information or through information networks to provide the public knows or should know without permission from the rights holders are removing or altering electronic rights management information of work, performance, sound recording or video recording;

  (D) to help the poor to rural areas through information network works, performances, sound recordings and video products in excess of the prescribed range, or does not pay the remuneration in accordance with the standards of the bulletin, or rights holder does not agree to provide their work, performance, sound recording or video recording is not deleted immediately after;

(Five) through information network provides others of works, and performances, and recording video products, not specified works, and performances, and recording video products of name or author, and performances who, and recording video making who of name (name), or not paid paid, or not in accordance with this Ordinance provides take technology measures prevent service object yiwai of other people get others of works, and performances, and recording video products, or not prevent service object of copy behavior on right people interests caused substantive damage of. 19th article violation this Ordinance provides, has following behavior one of of, by copyright administration sector be warning, confiscated illegal proceeds, confiscated main for avoid, and damage technology measures of device or parts; plot serious of, can confiscated main for provides network service of computer, equipment; illegal business amount 50,000 yuan above of, can at illegal business amount 1 time times above 5 times times following of fine; no illegal business amount or illegal business amount 50,000 yuan following of, according to plot weight, can at 250,000 yuan following of fine

  Constitutes a crime, criminal responsibility shall be investigated in accordance with law:

  (A) intentionally manufactured, imported or provided to others mainly used to avoid, technical measures for damage of the device or component, or intentionally bypass or undermine measures to provide technical services for others;

  (B) provided through the information network of other people's work, performance, sound recording or video recording, economic interests;

(C) in order to help the poor to rural areas through information network work, performance, sound recording or video recording, does not provide notice before work, performance, sound recording or video recording the names and authors, performers, producers of sound recordings and video recordings of the name (name), as well as remuneration.

  20th network service provider offers network access according to the client's instructions or service provides work, performance, sound recording or video recording to provide automatic transmission service and satisfy the following conditions, is not liable for:

  (A) is not selected and you have not changed the transmission of works, performances, sound recordings and video products;

(B) to provide the specified service object of the work, performance, sound recording or video recording, and to prevent people other than the specified service object.

  21st network service providers to improve network efficiency, automatically stores from other Internet service providers access to works, performances, sound recordings and video products, automatically according to the technical arrangements to provide the service, and to the following conditions, is not liable for:

  (A) does not change the automatic storage of work, performance, sound recording or video recording;

  (B) does not provide work, performance, sound recording or video recording of the original Internet service providers control gets the service object of the work, performance, sound recording or video recording;

(C) in original Internet service providers modify, delete it or block it when the work, performance, sound recording or video recording, automatically according to the technical arrangements be modified, deleted or blocked.

  22nd Internet service providers to provide clients with information storage, for services to the public through the information network to provide work, performance, sound recording or video recording, and to the following conditions, and is not liable for:

  (A) clearly marking the information storage space is provided for the service object, and open network service provider name, contact, network address;

  (B) did not change the services provided by the work, performance, sound recording or video recording;

  (C) does not know or has no reasonable grounds to know that the service provides the work, performance, sound recording or video recording the infringement;

  (D) from the target work, performance, sound recording or video recording of direct economic benefits;

(E) after receiving the notice of rights, delete argue infringement of rights under this Ordinance work, performance, sound recording or video recording.

23rd network service providers to provide clients with search or link service, after receiving the notice of rights holders, disconnects from the infringement of the provisions under the Ordinance work, performance, sound recording or video recording links, does not assume liability, however, knows or should know that the linked work, performance, sound recording or video recording of infringement shall bear tort liability.

24th notification of rights lead to network service provider error deleting work, performance, sound recording or video recording, or error broken link to the work, performance, sound recording or video recording, causes losses to the clients, the right holder shall bear liability.

The 25th network service provider without good reason refused to provide or delay in providing the allegedly infringing Services object name (name), contact information, Web address and other information, be warned by the Copyright Administration Department in serious cases, confiscation of mainly computers and other equipment used to provide network services.

26th article of the Ordinance the meaning of the following terms:

Information network transmission right, refers to the public by cable or wireless works, performances or recordings, selected by the public in their personal time and place right of access to works, performances or recordings.

Technical measures, is used to prevent, restrict, without permission of the right browse, enjoy work, performance, sound recording or video recording or through information networks to provide the public works, performances, sound recording or video recording of effective technology, device or component.

Electronic rights management information, refers to the works and their authors, performing and its performers, producers of audio-video products and information, work, performance, sound recording or video recording right owner information and conditions of use of the information, as well as the number or code of the above information. The 27th article of the regulations come into force on July 1, 2006.