Regulations on Protection of the Information Transmission Rights on Internet (Chinese and English Text)
Major Law
Additional Laws and Regulations
Short Summary
The following translation and Chinese text was retrieved from the Ministry of Commerce Web site on May 31, 2006.
Decree No.468 of the State Council of the People’s Republic of China, Promulgating the Regulations on Protection of the Information Transmission Rights on Internet Regulations on Protection of the Information Transmission Rights on Internet were adopted at the 135 th Standing Conference of the State Council on May 10, 2006, and are hereby promulgated and implemented as of July 1, 2006. Minister: Wen Jiabao May 18, 2006 Regulations on Protection of the Information Transmission Rights on Internet Article 1 These regulations are formulated in accordance with the Copyright Law of the People’s Republic of China (hereinafter referred to as “Copyright Law”) for the purposes of safeguarding the information transmission rights on internet of the copyright owner, performer, audio and video maker, (hereinafter referred to as “obligee”), encouraging the creation and transmission of the works beneficial to the construction of socialist spiritual civilization and material progress. Article 2 The information transmission rights on internet enjoyed by the obligee shall be protected by the Copyright Law and these regulations. Except separate provisions stipulated by law and regulations, all organizations or individuals shall obtain the obligee’s permission and pay reward for providing the public with others’ works, performance, audio and video products through the information on internet. Article 3 The works, performance, audio and video products forbidden to be provided in accordance with law shall not be protected by these regulations. An obligee shall not act against the constitution and laws, administrative laws and regulations, shall not harm the public interests while conducting the information transmission rights on internet. Article 4 An obligee may take technical measures in order to protect the information transmission rights on internet. No organization or individual shall intentionally keep away from or damage technical measures, intentionally produce, import or provide the public with the apparatus or components used mainly for keeping away from or damaging technical measures, or provide others with technical service for the purposes of keeping away from or damaging technical measures, except for the circumstances that the avoidance is allowed by laws and administrative laws and regulations. Article 5 Without the obligee’s permission, no organization or individual shall act as follows: 1. Intentionally delete or change the electronic information of right management of the works, performance, audio and video products provided to the public through the information on internet, except for the circumstances that the deletion or change could not be avoided due to technical reasons; 2. Provide the public through the information on internet with the works, performance, audio and video products that the electronic information of right management was deleted or changed without the obligee’s permission which is known or shall be known. Article 6 May provide others’ works without the copyright owner’s permission through the information on internet and do not need to pay the copyright owner in one of following circumstances: 1. Quote properly the published works in the works provided to the public for the purposes of introducing or commenting one works or explaining one question; 2. Reappear or quote the published works unavoidably in the works provided to the public in order to report current events and news; 3. Provide a few published works to a few teaching staff or scientific research personnel for school teaching or scientific research; 4. State agency provides the published works to the public within a proper range in order to perform official duty; 5. Provide the minority nationality within the territory of China with the works in minority character translated from the works created in Chinese character that have been published by Chinese citizen, legal person or other organizations; 6. Provide the blind people with the published character works in a special way that the blind people may feel without seeking profit; 7. Provide the public with current affair articles relating to politics and economy that have been published in the information on internet; or 8. Provide the public with the talks that have been made in public assembly. Article 7 The library, archives, memorial hall, museum or art gallery may， without the permission of the copyright owner, provide their service target through the information on internet with digital works collected by them and legally published, and the copied works in digital form for the needs of exhibition and edition preserving without any payment, but shall not seek any economic interests directly or indirectly unless there is any agreement with the litigant. The works that need to be copied in digital form for the needs of exhibition or edition preserving as prescribed above should be the works that have been damaged, or nearly damaged, lost or stolen, or the preserving format has been out-of-date and can not be bought in the market or can only be bought at a price previously higher than the set price. Article 8 For the purposes of conducting nine-year compulsory education or national education plan, it is allowed, without the permission of the copyright owner, to use part of the published works or published short literary works, music products, single width artistic products to make courseware which should be provided via the information on internet to the registered students by the long distance education organ making the courseware or obtaining the courseware in accordance with law, but the copyright owner shall be paid. Article 9 For the purposes of supporting the poor, providing the public in rural areas with the works relating to planting, breeding, preventing and curing diseases, preventing and fighting natural adversities and other works relating to supporting the poor and the works meeting the common needs of culture that have been published by Chinese citizen, legal persons or other organizations, a network service provider shall, before providing them, publish by announcement the works to be provided and the author’s name, and as well as the standard of the payment. If the copyright owner, within 30 days from the date of making the announcement, does not agree to provide the works, the network service provider shall not provide his works. If there is no disagreement within 30 days from the date of announcement, the network service provider may provide the works of the copyright owner and pay him according to the standard published in the announcement. After the network service provider provides the works, if the copyright owner does not agree to do so, the network service provider shall delete the copyright owner’s works immediately and pay reward for the period the works are provided according to the standard published in the announcement. Providing works according to the provisions of above paragraph, economic interests shall not be obtained directly or indirectly. Article 10 According to the provisions of these regulations, without the permission of a copyright owner, whoever provides a copyright owner’s works shall abide by following rules: 1. Shall not provide the works that a copyright owner stated in advance not to be used except for the circumstances prescribed in Article 6 Section 1-6 and Article 7; 2. Show clearly the title of the works and the author’s name (appellation); 3. Pay reward according to the provisions of these regulations; 4. Take technical measures to avoid others except the service target as prescribed in Article 7, 8 and 9 of these regulations to get a copyright owner’s works and avoid any substantive injury to a copyright owner’s interests due to copy of the works conducted by the service target as prescribed in Article 7 of these regulations; 5. Shall not infringe upon other rights and interests a copyright owner shall enjoy according to law. Article 11 Whoever provides others’ performance, audio and video products via the information on internet shall follow the provisions of Article 6 to 10 of these regulations. Article 12 Under following circumstances, may avoid the technical measures, but shall not provide others with the technology, apparatus or components used for avoiding technical measures, and shall not infringe upon the rights and interests an obligee shall enjoy according to law: 1. Provide published works, performance, audio and video products to a few teaching and scientific research personnel via the information on internet for the purposes of school teaching and scientific research, and the works, performance, audio and video products can only be obtained via the information on internet; 2. Without the purpose of seeking profit, provide the blind people with the published literary works via the information on internet in a special way that the blind people can feel, and the works can only be obtained via the information on internet; 3. The state agency performs its official duty in accordance with administrative and judicial procedures; 4. Test the computer and its system or the safety function of the network on internet. Article 13 The administration for copyright may, for the purposes of investigating and dealing with the infringement upon the information transmission rights on internet, ask the network service provider to provide the names, contact information, network address and other information of the service target being suspected of infringement. Article 14 To the network service provider who provides information memory space or searching and connection service, if an obligee thinks the works, performance, audio and video products provided in the service have infringed upon his information transmission rights on internet or his electric information of right management has been deleted or changed, he may submit a written notice to the provider and ask the provider to delete the works, performance, audio and video products, or stop the connection to the works, performance, audio and video products. The notice shall include following content: 1. Name (appellation), contact information and address of the obligee; 2. Name and network address of the infringed works, performance, audio and video products asked to be deleted or cut off connection 3. Preliminary evidence for constituting an infringement. The copyright owner shall bear responsibility for the truthfulness of the notice. Article 15 After accepting the obligee’s notice, the network service provider shall immediately delete the works, performance, audio and video products, or cut the connection to the works, performance, audio and video products being suspected of infringement, and at the same time transfer the notice to the service target to whom the works, performance, audio and video products are provided. If the network address of the service target is not clear and the notice can not be delivered to, the content of the notice shall be published by announcement in the information on internet. Article 16 After the service target receives the notice transferred by the network service provider, if he doesn’t think the provided works, performance, audio and video products have infringed upon others’ rights, he may submit a written explanation to the network service provider and ask to resume the works, performance, audio and video products that have been deleted or restore the connection to the works, performance, audio and video products that have been cut off. The explanation shall include following content: 1. Name (appellation), contact information and address of the service target; 2. Name and network address of the works, performance, audio and video products that were asked to be resumed; 3. Preliminary evidence for not constituting an infringement. The service target shall bear responsibility for the truthfulness of the notice. Article 17 After receiving the explanation of the service target, the network service provider shall resume immediately the deleted works, performance, audio and video products, or may restore the connection to the works, performance, audio and video products that has been cut off, and at the same time transfer the explanation to the obligee. The obligee shall not inform again the network service provider to delete the works, performance, audio and video products, or cut off the connection to the works, performance, audio and video products. Article 18 Whoever violates the provisions of these regulations in one of following circumstances shall bear the civil responsibility of stopping tort, dispelling influence, making an apology, compensating for losses, and whoever harms the interests of the public at the same time, he may be ordered by the administration for copyright to stop tort, the illegal income shall be confiscated and a fine of less than 100 thousand yuan may be imposed. If the case is serious, the administration for copyright may confiscate the computer and other equipments used mainly for providing internet service. Whoever commits a crime shall be ascertained criminal responsibility: 1. Provide the public with others’ works, performance, audio and video products via information on internet without permission; 2. Intentionally avoid or damage technical measures; 3. Intentionally delete or change the electronic information of right management of the works, performance, audio and video products provided to the public through the information on internet, or provide the public through the information on internet with the works, performance, audio and video products that the electronic information of right management was deleted or changed without the obligee’s permission, which is known or shall be know.. 4. For the purposes of supporting the poor, provide the rural area with the works, performance, audio and video products via information on internet beyond the range, or do not pay reward according to the standard in the announcement, or do not delete immediately the works, performance, audio and video products after the obligee expresses disagreement of providing them; 5. Provide others’ works, performance, audio and video products via information on internet but fail to point out the name of the works, performance, audio and video products or the name (appellation) of the author, performer, audio and video producer, or do not pay the reward, or fail to take technical measures in accordance with these regulations in order to avoid others except the service target to obtain others’ works, performance, audio and video products, or do not avoid substantive injury to the obligee’s interests caused by act of copy conducted by the service target. Article 19 Whoever violates the provisions of these regulations in one of following circumstances shall be given a warning by the administration for copyright and his illegal income and apparatus or components used mainly to avoid or damage the technical measures shall be confiscated. If the case is serious, the computer and other equipments used mainly to provide service on internet may be confiscated and a fine of less than 100 thousand yuan may be imposed. Whoever commits a crime shall be ascertained criminal responsibility: 1. Intentionally make, import or provide others with the apparatus or components used mainly to avoid or damage technical measures, or intentionally provide others with technical service for the purposes of avoiding or damaging technical measures; 2. Obtain economic interests by providing others’ works, performance, audio and video products via the information on internet; 3. Provide the rural area with the works, performance, audio and video products in order to support the poor via the information on internet but fail to publish the name of the works, performance, audio and video products and the name (appellation) of the author, the performer, audio and video producer and the standard of the payment. Article 20 A network service provider shall not bear compensation responsibility if he provides network automatic access service according to the instruction of the service target, or provide automatic transmission service for the works, performance, audio and video products provided by the service target, and qualify following requirements: 1. Do not choose and change the transmitted works, performance, audio and video products; 2. Provide the appointed service target with the works, performance, audio and video products and prevent others except the appointed service target from obtaining them. Article 21 A network service provider shall not bear compensation responsibility if he stores automatically the works, performance, audio and video products obtained from other network service provider and provide to the service target automatically according to technical arrangement for the purposes of increasing the efficiency of network transmission, and qualifies following requirements: 1. Do not change the works, performance, audio and video products stored automatically; 2. Do not interfere the former network service provider who provided the works, performance, audio and video products to grasp the information that the service target obtains the works, performance, audio and video products; 3. Automatically revise, delete or shield the works, performance, audio and video products according to technical arrangements while the former network service provider is revising, deleting or shielding them. Article 22 A network service provider shall not bear compensation responsibility if he provides the service target with information storage space for the service target to provide the public with the works, performance, audio and video products via information on internet and qualifies following requirements: 1. Indicate clearly that the information storage space is provided to the service target and publish the name of the network service provider, contact person, network address; 2. Do not change the works, performance, audio and video products provided by the service target; 3. Do not know and do not have proper reasons to know the infringement of the works, performance, audio and video products provided by the service target; 4. Do not obtain economic interest directly from the works, performance, audio and video products provided by the service target; 5. After accepting the obligee’s notice, delete the works, performance, audio and video products that the obligee believes there is an infringement. Article 23 When a network service provider provides searching or connection service for the service target, after accepting the obligee’s notice, if he cuts off the connection to the infringed works, performance, audio and video products according to the provisions of these regulations, he shall not bear compensation responsibility. But if he knows clearly or shall know the infringement of the connected works, performance, audio and video products, he shall bear liable responsibility for the infringement. Article 24 An obligee shall bear compensation responsibility if any losses were caused to the service target because a network service provider wrongly deletes the works, performance, audio and video products or wrongly cuts off the connection to them due to the obligee’s notice. Article 25 Any network service provider who refuses to provide or delays in providing the name (appellation), contact information, network address and other materials of the service target being suspected of infringement without proper reasons shall be given a warning by the administration for copyright. If the case is serious, the computers and relative equipments used mainly for providing network service shall be confiscated. Article 26 The implication of following terms in these regulations: The information transmission rights on internet means the rights to provide the public with the works, performance or audio and video products in the form of wire or wireless so that the public may obtain the works, performance, audio and video products in the time and place chosen by themselves. Technical measures means the effective technology, apparatus or components used for preventing from or restricting any glancing through, admiring the works, performance, audio and video products without the obligee’s permission or providing the public with the works, performance, audio and video products via information on internet. Electronic information of right management means the information of the works and the author, performance and the performer, audio and video products and their producer, the information of the obligee’s works, performance, audio and video products and the information of using condition, and as well as the figures or codes showing above information. Article 27 These regulations shall be implemented as of July 1, 2006.
Decree No.468 of the State Council of the People’s Republic of China, Promulgating the Regulations on Protection of the Information Transmission Rights on Internet Regulations on Protection of the Information Transmission Rights on Internet were adopted at the 135 th Standing Conference of the State Council on May 10, 2006, and are hereby promulgated and implemented as of July 1, 2006. Minister: Wen Jiabao May 18, 2006 Regulations on Protection of the Information Transmission Rights on Internet Article 1 These regulations are formulated in accordance with the Copyright Law of the People’s Republic of China (hereinafter referred to as “Copyright Law”) for the purposes of safeguarding the information transmission rights on internet of the copyright owner, performer, audio and video maker, (hereinafter referred to as “obligee”), encouraging the creation and transmission of the works beneficial to the construction of socialist spiritual civilization and material progress. Article 2 The information transmission rights on internet enjoyed by the obligee shall be protected by the Copyright Law and these regulations. Except separate provisions stipulated by law and regulations, all organizations or individuals shall obtain the obligee’s permission and pay reward for providing the public with others’ works, performance, audio and video products through the information on internet. Article 3 The works, performance, audio and video products forbidden to be provided in accordance with law shall not be protected by these regulations. An obligee shall not act against the constitution and laws, administrative laws and regulations, shall not harm the public interests while conducting the information transmission rights on internet. Article 4 An obligee may take technical measures in order to protect the information transmission rights on internet. No organization or individual shall intentionally keep away from or damage technical measures, intentionally produce, import or provide the public with the apparatus or components used mainly for keeping away from or damaging technical measures, or provide others with technical service for the purposes of keeping away from or damaging technical measures, except for the circumstances that the avoidance is allowed by laws and administrative laws and regulations. Article 5 Without the obligee’s permission, no organization or individual shall act as follows: 1. Intentionally delete or change the electronic information of right management of the works, performance, audio and video products provided to the public through the information on internet, except for the circumstances that the deletion or change could not be avoided due to technical reasons; 2. Provide the public through the information on internet with the works, performance, audio and video products that the electronic information of right management was deleted or changed without the obligee’s permission which is known or shall be known. Article 6 May provide others’ works without the copyright owner’s permission through the information on internet and do not need to pay the copyright owner in one of following circumstances: 1. Quote properly the published works in the works provided to the public for the purposes of introducing or commenting one works or explaining one question; 2. Reappear or quote the published works unavoidably in the works provided to the public in order to report current events and news; 3. Provide a few published works to a few teaching staff or scientific research personnel for school teaching or scientific research; 4. State agency provides the published works to the public within a proper range in order to perform official duty; 5. Provide the minority nationality within the territory of China with the works in minority character translated from the works created in Chinese character that have been published by Chinese citizen, legal person or other organizations; 6. Provide the blind people with the published character works in a special way that the blind people may feel without seeking profit; 7. Provide the public with current affair articles relating to politics and economy that have been published in the information on internet; or 8. Provide the public with the talks that have been made in public assembly. Article 7 The library, archives, memorial hall, museum or art gallery may， without the permission of the copyright owner, provide their service target through the information on internet with digital works collected by them and legally published, and the copied works in digital form for the needs of exhibition and edition preserving without any payment, but shall not seek any economic interests directly or indirectly unless there is any agreement with the litigant. The works that need to be copied in digital form for the needs of exhibition or edition preserving as prescribed above should be the works that have been damaged, or nearly damaged, lost or stolen, or the preserving format has been out-of-date and can not be bought in the market or can only be bought at a price previously higher than the set price. Article 8 For the purposes of conducting nine-year compulsory education or national education plan, it is allowed, without the permission of the copyright owner, to use part of the published works or published short literary works, music products, single width artistic products to make courseware which should be provided via the information on internet to the registered students by the long distance education organ making the courseware or obtaining the courseware in accordance with law, but the copyright owner shall be paid. Article 9 For the purposes of supporting the poor, providing the public in rural areas with the works relating to planting, breeding, preventing and curing diseases, preventing and fighting natural adversities and other works relating to supporting the poor and the works meeting the common needs of culture that have been published by Chinese citizen, legal persons or other organizations, a network service provider shall, before providing them, publish by announcement the works to be provided and the author’s name, and as well as the standard of the payment. If the copyright owner, within 30 days from the date of making the announcement, does not agree to provide the works, the network service provider shall not provide his works. If there is no disagreement within 30 days from the date of announcement, the network service provider may provide the works of the copyright owner and pay him according to the standard published in the announcement. After the network service provider provides the works, if the copyright owner does not agree to do so, the network service provider shall delete the copyright owner’s works immediately and pay reward for the period the works are provided according to the standard published in the announcement. Providing works according to the provisions of above paragraph, economic interests shall not be obtained directly or indirectly. Article 10 According to the provisions of these regulations, without the permission of a copyright owner, whoever provides a copyright owner’s works shall abide by following rules: 1. Shall not provide the works that a copyright owner stated in advance not to be used except for the circumstances prescribed in Article 6 Section 1-6 and Article 7; 2. Show clearly the title of the works and the author’s name (appellation); 3. Pay reward according to the provisions of these regulations; 4. Take technical measures to avoid others except the service target as prescribed in Article 7, 8 and 9 of these regulations to get a copyright owner’s works and avoid any substantive injury to a copyright owner’s interests due to copy of the works conducted by the service target as prescribed in Article 7 of these regulations; 5. Shall not infringe upon other rights and interests a copyright owner shall enjoy according to law. Article 11 Whoever provides others’ performance, audio and video products via the information on internet shall follow the provisions of Article 6 to 10 of these regulations. Article 12 Under following circumstances, may avoid the technical measures, but shall not provide others with the technology, apparatus or components used for avoiding technical measures, and shall not infringe upon the rights and interests an obligee shall enjoy according to law: 1. Provide published works, performance, audio and video products to a few teaching and scientific research personnel via the information on internet for the purposes of school teaching and scientific research, and the works, performance, audio and video products can only be obtained via the information on internet; 2. Without the purpose of seeking profit, provide the blind people with the published literary works via the information on internet in a special way that the blind people can feel, and the works can only be obtained via the information on internet; 3. The state agency performs its official duty in accordance with administrative and judicial procedures; 4. Test the computer and its system or the safety function of the network on internet. Article 13 The administration for copyright may, for the purposes of investigating and dealing with the infringement upon the information transmission rights on internet, ask the network service provider to provide the names, contact information, network address and other information of the service target being suspected of infringement. Article 14 To the network service provider who provides information memory space or searching and connection service, if an obligee thinks the works, performance, audio and video products provided in the service have infringed upon his information transmission rights on internet or his electric information of right management has been deleted or changed, he may submit a written notice to the provider and ask the provider to delete the works, performance, audio and video products, or stop the connection to the works, performance, audio and video products. The notice shall include following content: 1. Name (appellation), contact information and address of the obligee; 2. Name and network address of the infringed works, performance, audio and video products asked to be deleted or cut off connection 3. Preliminary evidence for constituting an infringement. The copyright owner shall bear responsibility for the truthfulness of the notice. Article 15 After accepting the obligee’s notice, the network service provider shall immediately delete the works, performance, audio and video products, or cut the connection to the works, performance, audio and video products being suspected of infringement, and at the same time transfer the notice to the service target to whom the works, performance, audio and video products are provided. If the network address of the service target is not clear and the notice can not be delivered to, the content of the notice shall be published by announcement in the information on internet. Article 16 After the service target receives the notice transferred by the network service provider, if he doesn’t think the provided works, performance, audio and video products have infringed upon others’ rights, he may submit a written explanation to the network service provider and ask to resume the works, performance, audio and video products that have been deleted or restore the connection to the works, performance, audio and video products that have been cut off. The explanation shall include following content: 1. Name (appellation), contact information and address of the service target; 2. Name and network address of the works, performance, audio and video products that were asked to be resumed; 3. Preliminary evidence for not constituting an infringement. The service target shall bear responsibility for the truthfulness of the notice. Article 17 After receiving the explanation of the service target, the network service provider shall resume immediately the deleted works, performance, audio and video products, or may restore the connection to the works, performance, audio and video products that has been cut off, and at the same time transfer the explanation to the obligee. The obligee shall not inform again the network service provider to delete the works, performance, audio and video products, or cut off the connection to the works, performance, audio and video products. Article 18 Whoever violates the provisions of these regulations in one of following circumstances shall bear the civil responsibility of stopping tort, dispelling influence, making an apology, compensating for losses, and whoever harms the interests of the public at the same time, he may be ordered by the administration for copyright to stop tort, the illegal income shall be confiscated and a fine of less than 100 thousand yuan may be imposed. If the case is serious, the administration for copyright may confiscate the computer and other equipments used mainly for providing internet service. Whoever commits a crime shall be ascertained criminal responsibility: 1. Provide the public with others’ works, performance, audio and video products via information on internet without permission; 2. Intentionally avoid or damage technical measures; 3. Intentionally delete or change the electronic information of right management of the works, performance, audio and video products provided to the public through the information on internet, or provide the public through the information on internet with the works, performance, audio and video products that the electronic information of right management was deleted or changed without the obligee’s permission, which is known or shall be know.. 4. For the purposes of supporting the poor, provide the rural area with the works, performance, audio and video products via information on internet beyond the range, or do not pay reward according to the standard in the announcement, or do not delete immediately the works, performance, audio and video products after the obligee expresses disagreement of providing them; 5. Provide others’ works, performance, audio and video products via information on internet but fail to point out the name of the works, performance, audio and video products or the name (appellation) of the author, performer, audio and video producer, or do not pay the reward, or fail to take technical measures in accordance with these regulations in order to avoid others except the service target to obtain others’ works, performance, audio and video products, or do not avoid substantive injury to the obligee’s interests caused by act of copy conducted by the service target. Article 19 Whoever violates the provisions of these regulations in one of following circumstances shall be given a warning by the administration for copyright and his illegal income and apparatus or components used mainly to avoid or damage the technical measures shall be confiscated. If the case is serious, the computer and other equipments used mainly to provide service on internet may be confiscated and a fine of less than 100 thousand yuan may be imposed. Whoever commits a crime shall be ascertained criminal responsibility: 1. Intentionally make, import or provide others with the apparatus or components used mainly to avoid or damage technical measures, or intentionally provide others with technical service for the purposes of avoiding or damaging technical measures; 2. Obtain economic interests by providing others’ works, performance, audio and video products via the information on internet; 3. Provide the rural area with the works, performance, audio and video products in order to support the poor via the information on internet but fail to publish the name of the works, performance, audio and video products and the name (appellation) of the author, the performer, audio and video producer and the standard of the payment. Article 20 A network service provider shall not bear compensation responsibility if he provides network automatic access service according to the instruction of the service target, or provide automatic transmission service for the works, performance, audio and video products provided by the service target, and qualify following requirements: 1. Do not choose and change the transmitted works, performance, audio and video products; 2. Provide the appointed service target with the works, performance, audio and video products and prevent others except the appointed service target from obtaining them. Article 21 A network service provider shall not bear compensation responsibility if he stores automatically the works, performance, audio and video products obtained from other network service provider and provide to the service target automatically according to technical arrangement for the purposes of increasing the efficiency of network transmission, and qualifies following requirements: 1. Do not change the works, performance, audio and video products stored automatically; 2. Do not interfere the former network service provider who provided the works, performance, audio and video products to grasp the information that the service target obtains the works, performance, audio and video products; 3. Automatically revise, delete or shield the works, performance, audio and video products according to technical arrangements while the former network service provider is revising, deleting or shielding them. Article 22 A network service provider shall not bear compensation responsibility if he provides the service target with information storage space for the service target to provide the public with the works, performance, audio and video products via information on internet and qualifies following requirements: 1. Indicate clearly that the information storage space is provided to the service target and publish the name of the network service provider, contact person, network address; 2. Do not change the works, performance, audio and video products provided by the service target; 3. Do not know and do not have proper reasons to know the infringement of the works, performance, audio and video products provided by the service target; 4. Do not obtain economic interest directly from the works, performance, audio and video products provided by the service target; 5. After accepting the obligee’s notice, delete the works, performance, audio and video products that the obligee believes there is an infringement. Article 23 When a network service provider provides searching or connection service for the service target, after accepting the obligee’s notice, if he cuts off the connection to the infringed works, performance, audio and video products according to the provisions of these regulations, he shall not bear compensation responsibility. But if he knows clearly or shall know the infringement of the connected works, performance, audio and video products, he shall bear liable responsibility for the infringement. Article 24 An obligee shall bear compensation responsibility if any losses were caused to the service target because a network service provider wrongly deletes the works, performance, audio and video products or wrongly cuts off the connection to them due to the obligee’s notice. Article 25 Any network service provider who refuses to provide or delays in providing the name (appellation), contact information, network address and other materials of the service target being suspected of infringement without proper reasons shall be given a warning by the administration for copyright. If the case is serious, the computers and relative equipments used mainly for providing network service shall be confiscated. Article 26 The implication of following terms in these regulations: The information transmission rights on internet means the rights to provide the public with the works, performance or audio and video products in the form of wire or wireless so that the public may obtain the works, performance, audio and video products in the time and place chosen by themselves. Technical measures means the effective technology, apparatus or components used for preventing from or restricting any glancing through, admiring the works, performance, audio and video products without the obligee’s permission or providing the public with the works, performance, audio and video products via information on internet. Electronic information of right management means the information of the works and the author, performance and the performer, audio and video products and their producer, the information of the obligee’s works, performance, audio and video products and the information of using condition, and as well as the figures or codes showing above information. Article 27 These regulations shall be implemented as of July 1, 2006.
Title (Chinese)
信息网络传播权保护条例
Body (Chinese)
信息网络传播权保护条例 中华人民共和国国务院令 第４６８号 《信息网络传播权保护条例》已经２００６年５月１０日国务院第１３５次常务会议通过，现予公布，自２００６年７月１日起施行。 总理 温家宝 ２００６年５月１８日 第一条 为保护著作权人、表演者、录音录像制作者（以下统称权利人）的信息网络传播权，鼓励有益于社会主义精神文明、物质文明建设的作品的创作和传播，根据《中华人民共和国著作权法》（以下简称著作权法），制定本条例。 第二条 权利人享有的信息网络传播权受著作权法和本条例保护。除法律、行政法规另有规定的外，任何组织或者个人将他人的作品、表演、录音录像制品通过信息网络向公众提供，应当取得权利人许可，并支付报酬。 第三条 依法禁止提供的作品、表演、录音录像制品，不受本条例保护。 权利人行使信息网络传播权，不得违反宪法和法律、行政法规，不得损害公共利益。 第四条 为了保护信息网络传播权，权利人可以采取技术措施。 任何组织或者个人不得故意避开或者破坏技术措施，不得故意制造、进口或者向公众提供主要用于避开或者破坏技术措施的装置或者部件，不得故意为他人避开或者破坏技术措施提供技术服务。但是，法律、行政法规规定可以避开的除外。 第五条 未经权利人许可，任何组织或者个人不得进行下列行为： （一）故意删除或者改变通过信息网络向公众提供的作品、表演、录音录像制品的权利管理电子信息，但由于技术上的原因无法避免删除或者改变的除外； （二）通过信息网络向公众提供明知或者应知未经权利人许可被删除或者改变权利管理电子信息的作品、表演、录音录像制品。 第六条 通过信息网络提供他人作品，属于下列情形的，可以不经著作权人许可，不向其支付报酬： （一）为介绍、评论某一作品或者说明某一问题，在向公众提供的作品中适当引用已经发表的作品； （二）为报道时事新闻，在向公众提供的作品中不可避免地再现或者引用已经发表的作品； （三）为学校课堂教学或者科学研究，向少数教学、科研人员提供少量已经发表的作品； （四）国家机关为执行公务，在合理范围内向公众提供已经发表的作品； （五）将中国公民、法人或者其他组织已经发表的、以汉语言文字创作的作品翻译成的少数民族语言文字作品，向中国境内少数民族提供； （六）不以营利为目的，以盲人能够感知的独特方式向盲人提供已经发表的文字作品； （七）向公众提供在信息网络上已经发表的关于政治、经济问题的时事性文章； （八）向公众提供在公众集会上发表的讲话。 第七条 图书馆、档案馆、纪念馆、博物馆、美术馆等可以不经著作权人许可，通过信息网络向本馆馆舍内服务对象提供本馆收藏的合法出版的数字作品和依法为陈列或者保存版本的需要以数字化形式复制的作品，不向其支付报酬，但不得直接或者间接获得经济利益。当事人另有约定的除外。 前款规定的为陈列或者保存版本需要以数字化形式复制的作品，应当是已经损毁或者濒临损毁、丢失或者失窃，或者其存储格式已经过时，并且在市场上无法购买或者只能以明显高于标定的价格购买的作品。 第八条 为通过信息网络实施九年制义务教育或者国家教育规划，可以不经著作权人许可，使用其已经发表作品的片断或者短小的文字作品、音乐作品或者单幅的美术作品、摄影作品制作课件，由制作课件或者依法取得课件的远程教育机构通过信息网络向注册学生提供，但应当向著作权人支付报酬。 第九条 为扶助贫困，通过信息网络向农村地区的公众免费提供中国公民、法人或者其他组织已经发表的种植养殖、防病治病、防灾减灾等与扶助贫困有关的作品和适应基本文化需求的作品，网络服务提供者应当在提供前公告拟提供的作品及其作者、拟支付报酬的标准。自公告之日起３０日内，著作权人不同意提供的，网络服务提供者不得提供其作品；自公告之日起满３０日，著作权人没有异议的，网络服务提供者可以提供其作品，并按照公告的标准向著作权人支付报酬。网络服务提供者提供著作权人的作品后，著作权人不同意提供的，网络服务提供者应当立即删除著作权人的作品，并按照公告的标准向著作权人支付提供作品期间的报酬。 依照前款规定提供作品的，不得直接或者间接获得经济利益。 第十条 依照本条例规定不经著作权人许可、通过信息网络向公众提供其作品的，还应当遵守下列规定： （一）除本条例第六条第（一）项至第（六）项、第七条规定的情形外，不得提供作者事先声明不许提供的作品； （二）指明作品的名称和作者的姓名（名称）； （三）依照本条例规定支付报酬； （四）采取技术措施，防止本条例第七条、第八条、第九条规定的服务对象以外的其他人获得著作权人的作品，并防止本条例第七条规定的服务对象的复制行为对著作权人利益造成实质性损害； （五）不得侵犯著作权人依法享有的其他权利。 第十一条 通过信息网络提供他人表演、录音录像制品的，应当遵守本条例第六条至第十条的规定。 第十二条 属于下列情形的，可以避开技术措施，但不得向他人提供避开技术措施的技术、装置或者部件，不得侵犯权利人依法享有的其他权利： （一）为学校课堂教学或者科学研究，通过信息网络向少数教学、科研人员提供已经发表的作品、表演、录音录像制品，而该作品、表演、录音录像制品只能通过信息网络获取； （二）不以营利为目的，通过信息网络以盲人能够感知的独特方式向盲人提供已经发表的文字作品，而该作品只能通过信息网络获取； （三）国家机关依照行政、司法程序执行公务； （四）在信息网络上对计算机及其系统或者网络的安全性能进行测试。 第十三条 著作权行政管理部门为了查处侵犯信息网络传播权的行为，可以要求网络服务提供者提供涉嫌侵权的服务对象的姓名（名称）、联系方式、网络地址等资料。 第十四条 对提供信息存储空间或者提供搜索、链接服务的网络服务提供者，权利人认为其服务所涉及的作品、表演、录音录像制品，侵犯自己的信息网络传播权或者被删除、改变了自己的权利管理电子信息的，可以向该网络服务提供者提交书面通知，要求网络服务提供者删除该作品、表演、录音录像制品，或者断开与该作品、表演、录音录像制品的链接。通知书应当包含下列内容： （一）权利人的姓名（名称）、联系方式和地址； （二）要求删除或者断开链接的侵权作品、表演、录音录像制品的名称和网络地址； （三）构成侵权的初步证明材料。 权利人应当对通知书的真实性负责。 第十五条 网络服务提供者接到权利人的通知书后，应当立即删除涉嫌侵权的作品、表演、录音录像制品，或者断开与涉嫌侵权的作品、表演、录音录像制品的链接，并同时将通知书转送提供作品、表演、录音录像制品的服务对象；服务对象网络地址不明、无法转送的，应当将通知书的内容同时在信息网络上公告。 第十六条 服务对象接到网络服务提供者转送的通知书后，认为其提供的作品、表演、录音录像制品未侵犯他人权利的，可以向网络服务提供者提交书面说明，要求恢复被删除的作品、表演、录音录像制品，或者恢复与被断开的作品、表演、录音录像制品的链接。书面说明应当包含下列内容： （一）服务对象的姓名（名称）、联系方式和地址； （二）要求恢复的作品、表演、录音录像制品的名称和网络地址； （三）不构成侵权的初步证明材料。 服务对象应当对书面说明的真实性负责。 第十七条 网络服务提供者接到服务对象的书面说明后，应当立即恢复被删除的作品、表演、录音录像制品，或者可以恢复与被断开的作品、表演、录音录像制品的链接，同时将服务对象的书面说明转送权利人。权利人不得再通知网络服务提供者删除该作品、表演、录音录像制品，或者断开与该作品、表演、录音录像制品的链接。 第十八条 违反本条例规定，有下列侵权行为之一的，根据情况承担停止侵害、消除影响、赔礼道歉、赔偿损失等民事责任；同时损害公共利益的，可以由著作权行政管理部门责令停止侵权行为，没收违法所得，并可处以１０万元以下的罚款；情节严重的，著作权行政管理部门可以没收主要用于提供网络服务的计算机等设备；构成犯罪的，依法追究刑事责任： （一）通过信息网络擅自向公众提供他人的作品、表演、录音录像制品的； （二）故意避开或者破坏技术措施的； （三）故意删除或者改变通过信息网络向公众提供的作品、表演、录音录像制品的权利管理电子信息，或者通过信息网络向公众提供明知或者应知未经权利人许可而被删除或者改变权利管理电子信息的作品、表演、录音录像制品的； （四）为扶助贫困通过信息网络向农村地区提供作品、表演、录音录像制品超过规定范围，或者未按照公告的标准支付报酬，或者在权利人不同意提供其作品、表演、录音录像制品后未立即删除的； （五）通过信息网络提供他人的作品、表演、录音录像制品，未指明作品、表演、录音录像制品的名称或者作者、表演者、录音录像制作者的姓名（名称），或者未支付报酬，或者未依照本条例规定采取技术措施防止服务对象以外的其他人获得他人的作品、表演、录音录像制品，或者未防止服务对象的复制行为对权利人利益造成实质性损害的。 第十九条 违反本条例规定，有下列行为之一的，由著作权行政管理部门予以警告，没收违法所得，没收主要用于避开、破坏技术措施的装置或者部件；情节严重的，可以没收主要用于提供网络服务的计算机等设备，并可处以１０万元以下的罚款；构成犯罪的，依法追究刑事责任： （一）故意制造、进口或者向他人提供主要用于避开、破坏技术措施的装置或者部件，或者故意为他人避开或者破坏技术措施提供技术服务的； （二）通过信息网络提供他人的作品、表演、录音录像制品，获得经济利益的； （三）为扶助贫困通过信息网络向农村地区提供作品、表演、录音录像制品，未在提供前公告作品、表演、录音录像制品的名称和作者、表演者、录音录像制作者的姓名（名称）以及报酬标准的。 第二十条 网络服务提供者根据服务对象的指令提供网络自动接入服务，或者对服务对象提供的作品、表演、录音录像制品提供自动传输服务，并具备下列条件的，不承担赔偿责任： （一）未选择并且未改变所传输的作品、表演、录音录像制品； （二）向指定的服务对象提供该作品、表演、录音录像制品，并防止指定的服务对象以外的其他人获得。 第二十一条 网络服务提供者为提高网络传输效率，自动存储从其他网络服务提供者获得的作品、表演、录音录像制品，根据技术安排自动向服务对象提供，并具备下列条件的，不承担赔偿责任： （一）未改变自动存储的作品、表演、录音录像制品； （二）不影响提供作品、表演、录音录像制品的原网络服务提供者掌握服务对象获取该作品、表演、录音录像制品的情况； （三）在原网络服务提供者修改、删除或者屏蔽该作品、表演、录音录像制品时，根据技术安排自动予以修改、删除或者屏蔽。 第二十二条 网络服务提供者为服务对象提供信息存储空间，供服务对象通过信息网络向公众提供作品、表演、录音录像制品，并具备下列条件的，不承担赔偿责任： （一）明确标示该信息存储空间是为服务对象所提供，并公开网络服务提供者的名称、联系人、网络地址； （二）未改变服务对象所提供的作品、表演、录音录像制品； （三）不知道也没有合理的理由应当知道服务对象提供的作品、表演、录音录像制品侵权； （四）未从服务对象提供作品、表演、录音录像制品中直接获得经济利益； （五）在接到权利人的通知书后，根据本条例规定删除权利人认为侵权的作品、表演、录音录像制品。 第二十三条 网络服务提供者为服务对象提供搜索或者链接服务，在接到权利人的通知书后，根据本条例规定断开与侵权的作品、表演、录音录像制品的链接的，不承担赔偿责任；但是，明知或者应知所链接的作品、表演、录音录像制品侵权的，应当承担共同侵权责任。 第二十四条 因权利人的通知导致网络服务提供者错误删除作品、表演、录音录像制品，或者错误断开与作品、表演、录音录像制品的链接，给服务对象造成损失的，权利人应当承担赔偿责任。 第二十五条 网络服务提供者无正当理由拒绝提供或者拖延提供涉嫌侵权的服务对象的姓名（名称）、联系方式、网络地址等资料的，由著作权行政管理部门予以警告；情节严重的，没收主要用于提供网络服务的计算机等设备。 第二十六条 本条例下列用语的含义： 信息网络传播权，是指以有线或者无线方式向公众提供作品、表演或者录音录像制品，使公众可以在其个人选定的时间和地点获得作品、表演或者录音录像制品的权利。 技术措施，是指用于防止、限制未经权利人许可浏览、欣赏作品、表演、录音录像制品的或者通过信息网络向公众提供作品、表演、录音录像制品的有效技术、装置或者部件。 权利管理电子信息，是指说明作品及其作者、表演及其表演者、录音录像制品及其制作者的信息，作品、表演、录音录像制品权利人的信息和使用条件的信息，以及表示上述信息的数字或者代码。 第二十七条 本条例自２００６年７月１日起施行。 （新华社北京５月２９日电） 《人民日报》 ( 2006-05-31 第16版 )来源：人民网－《人民日报》 （责任编辑：史江民）在线K歌，歌词同步显示，超高速下载，无限畅听