Skip to main content
We are Brand SEO Beijing serving international business, your marketing partner, Contact us by mi@mgsh.com.cn

Regulations on the Protection of Information Network Dissemination Right

(2006年5月18日中华人民共和国国务院令第468号公布 根据2013年1月30日《国务院关于修改〈信息网络传播权保护条例〉的决定》修订)

Article XNUMX In order to protect the information network dissemination rights of copyright owners, performers, and producers of audio and video recordings (hereinafter collectively referred to as “right holders”), and to encourage the creation and dissemination of works that are beneficial to the construction of socialist spiritual civilization and material civilization, in accordance with the Copyright Law of the People’s Republic of China (hereinafter referred to as the Copyright Law), to formulate these Regulations.

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

Article 3 Works, performances, and audio and video recordings prohibited by law from being provided are not protected by these Regulations.
When exercising the right of information network dissemination, rights holders shall not violate the Constitution, laws and administrative regulations, and shall not harm public interests.

Article 4 In order to protect the right of information network dissemination, the right holder may take technical measures.
No organization or individual shall intentionally avoid or destroy technical measures, shall not intentionally manufacture, import or provide to the public devices or components mainly used to avoid or destroy technical measures, and shall not intentionally provide technical services for others to avoid or destroy technical measures.However, except those that can be avoided by laws and administrative regulations.

The fifth Without the permission of the right holder, no organization or individual may conduct the following acts:
(XNUMX) Deliberately delete or change the rights management electronic information of works, performances, audio and video recordings provided to the public through the information network, unless the deletion or change cannot be avoided due to technical reasons;
(XNUMX) Providing to the public through the information network works, performances, and audio and video recordings that are known or should have been known to have been deleted or altered in electronic rights management information without the permission of the right holder.

Article XNUMX If the works of others are provided through the information network and fall under the following circumstances, no remuneration may be paid to the copyright owner without the permission of the copyright owner:
(XNUMX) In order to introduce, comment on a certain work or explain a certain issue, properly cite published works in the works provided to the public;
(XNUMX) In order to report current affairs news, unavoidably reproduce or quote published works in the works provided to the public;
(XNUMX) To provide a small number of published works to a small number of teaching and scientific researchers for classroom teaching or scientific research in schools;
(XNUMX) State organs provide published works to the public within a reasonable scope in order to perform official duties;
(XNUMX) Translate works written in Chinese language and written languages ​​that have been published by Chinese citizens, legal persons or other organizations, and provide them to ethnic minorities in China;
(XNUMX) Provide the blind with published written works in a unique way that the blind can perceive, not for the purpose of profit;
(XNUMX) Provide the public with current affairs articles on political and economic issues that have been published on the information network;
(XNUMX) To provide the public with speeches delivered at public meetings.

Article XNUMX Libraries, archives, memorial halls, museums, art galleries, etc. may, without the permission of the copyright owner, provide the legally published digital works collected by the library to the service objects in the library premises through the information network and the need for displaying or preserving the version according to the law. Works reproduced in digital form shall not be paid for, but shall not receive economic benefits directly or indirectly.Unless otherwise agreed by the parties.
The works mentioned in the preceding paragraph that need to be reproduced in digital form for display or preservation shall be damaged or on the verge of damage, loss or theft, or their storage format is outdated, and cannot be purchased in the market or can only be purchased at a significantly higher rate than the standard. The works purchased at the price.

eighth In order to implement the nine-year compulsory education or the national education plan through the information network, without the permission of the copyright owner, fragments of published works or short written works, musical works or single-piece art works or photographic works may be used to make courseware, Distance education institutions that produce courseware or obtain courseware in accordance with the law provide it to registered students through information networks, but shall pay remuneration to the copyright owner.

Article XNUMX In order to help the poor, to provide the public in rural areas with works related to poverty alleviation, such as planting and breeding, disease prevention and treatment, disaster prevention and mitigation, and works that meet basic cultural needs that have been published by Chinese citizens, legal persons or other organizations for free through information networks, Network service providers shall announce the works to be provided and their authors, as well as the standard of remuneration to be paid before providing them.Within 30 days from the date of the announcement, if the copyright owner does not agree to provide it, the network service provider shall not provide its work; if the copyright owner has no objection within 30 days from the date of the announcement, the network service provider may provide its work, and in accordance with the The published standards are paid to 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 the remuneration for the period in which the work is provided according to the standard announced.
Those who provide works in accordance with the provisions of the preceding paragraph shall not directly or indirectly obtain economic benefits.

Article XNUMX Those who provide their works to the public through an information network without the permission of the copyright owner in accordance with the provisions of these Regulations shall also abide by the following provisions:
(XNUMX) Except for the situations specified in Items XNUMX to XNUMX of Article XNUMX and Article XNUMX of these Regulations, not to provide works that the author declares in advance that they are not allowed to provide;
(XNUMX) Indicate the title of the work and the author's name (title);
(XNUMX) Pay remuneration in accordance with the provisions of these Regulations;
(XNUMX) Take technical measures to prevent others other than the service objects specified in Articles XNUMX, XNUMX and XNUMX of these Regulations from obtaining the works of the copyright owner, and to prevent the copying behavior of the service objects specified in Article XNUMX of these Regulations from affecting the copyright owner. Substantial damage to the interests of the copyright owner;
(XNUMX) Other rights legally enjoyed by the copyright owner shall not be infringed.

Article XNUMX Those who provide others' performances, audio and video recordings through information networks shall abide by the provisions of Articles XNUMX to XNUMX of these Regulations.

Article XNUMX Under the following circumstances, the technical measures may be avoided, but the technology, devices or components that avoid the technical measures shall not be provided to others, and other rights legally enjoyed by the right holder shall not be violated:
(XNUMX) To provide published works, performances, and audio-visual products to a small number of teaching and scientific researchers through the information network for classroom teaching or scientific research in schools, and the works, performances, and audio-visual products can only be obtained through the information network;
(XNUMX) Not for the purpose of making profits, but providing published written works to the blind in a unique way that the blind can perceive through the information network, and the works can only be obtained through the information network;
(XNUMX) State organs perform official duties in accordance with administrative and judicial procedures;
(XNUMX) Test the security performance of the computer and its system or network on the information network.

Article XNUMX In order to investigate and deal with the violation of the right of information network dissemination, the copyright administrative department may require the network service provider to provide the name (name), contact information, network address and other materials of the suspected infringing service object.

Article XNUMX For network service providers that provide information storage space or provide search and link services, the right holder believes that the works, performances, audio and video recordings involved in their services infringe their right of information network dissemination, or have been deleted or changed their rights management. In the case of electronic information, a written notice may be submitted to the network service provider, requiring the network service provider to delete the work, performance, audio or video recording, or disconnect the link to the work, performance, or audio or video recording.The notice shall contain the following contents:
(XNUMX) The name (title), contact information and address of the right holder;
(XNUMX) The name and network address of the infringing work, performance, or audio or video recording that is required to be deleted or disconnected from the link;
(XNUMX) Preliminary proof materials that constitute infringement.
The right holder shall be responsible for the authenticity of the notice.

Article XNUMX After receiving the notice from the right holder, the network service provider shall immediately delete the allegedly infringing works, performances, audio and video recordings, or disconnect the links to the allegedly infringing works, performances, and audio and video recordings, and at the same time forward the notice to the provider. The service object of works, performances, and audio and video products; if the network address of the service object is unknown and cannot be forwarded, the content of the notice shall be announced on the information network at the same time.

Article XNUMX After receiving the notice forwarded by the network service provider, if the service recipient believes that the works, performances, audio and video recordings provided by him do not infringe on the rights of others, he may submit a written statement to the network service provider, requesting the restoration of the deleted works, performances, and recordings. Video recordings, or restore links to disconnected works, performances, or audiovisual recordings.The written description should include the following:
(XNUMX) The name (name), contact information and address of the service object;
(XNUMX) The name and network address of the work, performance, and audio-visual recording to be restored;
(XNUMX) Preliminary proof materials that do not constitute infringement.
The service object shall be responsible for the authenticity of the written description.

Article XNUMX After receiving the written instructions from the service object, the network service provider shall immediately restore the deleted works, performances, audio and video recordings, or restore the links with the disconnected works, performances, audio and video recordings, and at the same time restore the service object's Written instructions are forwarded to the right holder.The right holder shall no longer notify the network service provider to delete the work, performance, or audio-visual recording, or disconnect the link to the work, performance, or audio-visual recording.

Article XNUMX Anyone who violates the provisions of these Regulations and commits one of the following tortious acts shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses. Income, if the illegal business volume is more than 5 yuan, a fine of more 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 5 yuan, according to the seriousness of the circumstances, a fine of less than 25 yuan may be imposed. Fines; 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 responsibility shall be investigated according to law:
(XNUMX) Providing other people's works, performances, audio and video recordings to the public without authorization through an information network;
(XNUMX) Deliberately avoiding or destroying technical measures;
(XNUMX) Deliberately deleting or changing the rights management electronic information of works, performances, audio and video recordings provided to the public through an information network, or providing the public through an information network knowingly or ought to know that the rights management has been deleted or changed without the permission of the right holder Electronic information works, performances, audio and video recordings;
(XNUMX) Providing works, performances, audio and video recordings to rural areas through information networks in order to help the poor beyond the prescribed scope, or failing to pay remuneration in accordance with the announced standards, or failing to provide their works, performances, audio and video recordings after the rights holder does not agree to provide them. deleted immediately;
(XNUMX) Providing other people's works, performances, audio and video recordings through an information network, without specifying the name of the work, performance, or audio and video recording or the name (name) of the author, performer, or audio and video recording producer, or without paying any remuneration, or Failing 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 recordings, or failing to prevent the service recipients' duplication from causing substantial damage to the interests of the right holder.

Article XNUMX Anyone who violates the provisions of these Regulations and commits any of the following acts shall be warned by the copyright administrative department, the illegal gains shall be confiscated, and the devices or components mainly used to avoid or destroy technical measures shall be confiscated; Computers and other equipment used for services; if the illegal business volume is more than 5 yuan, a fine of more than 1 time but not more than five times the illegal business volume may be imposed; if there is no illegal business volume or the illegal business volume is less than 5 yuan, a fine of 5 yuan may be imposed according to the seriousness of the circumstances. A fine of less than 25 yuan; if a crime is constituted, criminal responsibility shall be investigated according to law:
(XNUMX) Deliberately manufacturing, importing or providing others with devices or components mainly used to avoid or destroy technical measures, or intentionally providing technical services for others to avoid or destroy technical measures;
(XNUMX) Obtaining economic benefits by providing other people's works, performances, audio and video recordings through information networks;
(XNUMX) To provide works, performances, and audio-visual products to rural areas through information networks in order to help the poor, without announcing the names of the works, performances, audio-visual products, and the names (names) of the authors, performers, and audio-video producers before providing them and remuneration standards.

Article XNUMX The network service provider shall not be liable for compensation if it provides automatic network access services according to the service object's instructions, or provides automatic transmission services for the works, performances, audio and video recordings provided by the service object, and meets the following conditions:
(XNUMX) The works, performances, and audio and video recordings have not been selected and changed;
(XNUMX) Provide the works, performances, audio and video recordings to the designated service recipients, and prevent others from obtaining them.

Article XNUMX In order to improve the efficiency of network transmission, network service providers automatically store works, performances, audio and video recordings obtained from other network service providers, and automatically provide them to service objects according to technical arrangements, and if the following conditions are met, they shall not be liable for compensation:
(XNUMX) The automatically stored works, performances, and audio and video recordings have not been altered;
(XNUMX) It does not affect the original network service provider who provided the works, performances, and audio-visual products to grasp the situation of the service object's acquisition of the works, performances, and audio-visual products;
(XNUMX) When the original network service provider modifies, deletes or blocks the work, performance, or audio or video recording, it shall automatically modify, delete or block it according to technical arrangements.

Article XNUMX The network service provider provides information storage space for the service object for the service object to provide the public with works, performances, audio and video products through the information network, and shall not be liable for compensation if the following conditions are met:
(XNUMX) Clearly indicate that the information storage space is provided for the service object, and disclose the name, contact person, and network address of the network service provider;
(XNUMX) The works, performances, and audio and video recordings provided by the service object have not been changed;
(XNUMX) Do not know and have no reasonable reason to know that the works, performances, audio and video products provided by the service object are infringing;
(XNUMX) Failing to obtain economic benefits directly from the works, performances, and audio-visual products provided by the service object;
(XNUMX) After receiving the notice from the obligee, delete the works, performances, and audio-visual products that the obligee considers to be infringing in accordance with the provisions of these Regulations.

Article XNUMX If a network service provider provides search or link services for service objects, and after receiving a notice from the right holder, disconnects the link to the infringing work, performance, or audio-visual product in accordance with the provisions of these Regulations, it shall not be liable for compensation; Or if you should know that the linked works, performances, or audio-visual products are infringing, you should bear joint tort liability.

Article XNUMX If the network service provider mistakenly deletes works, performances, audio-visual products, or erroneously disconnects the links with works, performances, audio-visual products due to the notice of the rights holder, and causes losses to the service object, the rights holder shall be liable for compensation.

Article XNUMX If the network service provider refuses to provide or delays to provide the name (name), contact information, network address and other materials of the suspected infringing service object without justifiable reasons, the copyright administrative department shall give a warning; Services such as computers and other equipment.

Article XNUMX The meaning of the following terms in these regulations:
The right of information network dissemination refers to the right to provide works, performances or audio-visual products to the public by wired or wireless means, so that the public can obtain the works, performances or audio-visual products at the time and place chosen by them.
Technical measures refer to the effective technologies, devices or components used to prevent or restrict the viewing and appreciation of works, performances, and audio-visual products without the permission of the right holder, or to provide works, performances, or audio-visual products to the public through information networks.
Electronic rights management information refers to information describing works and their authors, performances and their performers, audio and video recordings and their producers, information on the rights holders of works, performances, and audio and video recordings and the conditions of use, as well as information indicating the above-mentioned information number or code.

Article XNUMX These Regulations shall come into force on July 2006, 7.

This article is quoted from Encyclopedia, which is used to spread knowledge of laws and regulations and maintain the network ecology.

Back to Top