Measures for the administrative protection of Internet copyright
Release Time：
2021-12-13
(Promulgated by Decree No. 5 of the National Copyright Administration on April 29, 2005 and effective from May 30, 2005)
Article 1 These Measures are formulated in accordance with the Copyright Law of the People's Republic of China and other relevant laws and administrative regulations in order to strengthen the administrative protection of the right of information network transmission in Internet information service activities and standardize administrative law enforcement.
Article 2 These Measures shall apply to the act of automatically providing the uploading, storing, linking or searching of works, audio and video products and other contents through the Internet according to the instructions of Internet content providers in Internet information service activities, without any editing, modification or selection of the stored or transmitted contents.
The act of directly providing Internet content in Internet information service activities shall be subject to the Copyright Law.
The term "Internet content providers" as used in these Measures refers to Internet users who publish relevant content on the Internet.
Article 3 Copyright administration departments at all levels shall, in accordance with laws, administrative regulations and these Measures, implement administrative protection of the right of information network transmission in Internet information service activities. The department in charge of information industry under The State Council and the telecommunications regulatory agencies of provinces, autonomous regions and municipalities directly under the Central government shall cooperate in relevant work according to law.
Article 4 The administrative department for copyright shall apply the Measures for the Implementation of Administrative Punishment for Copyright to the acts infringing on the right of information network transmission in Internet information service activities.
Any act infringing on the right of information network transmission in Internet information service activities shall be under the jurisdiction of the copyright administration department where the infringement is committed. The place of infringement shall include the place where the servers and other equipment providing the Internet information service activities listed in Article 2 of these Measures are located.
Article 5 After a copyright owner finds that a content transmitted on the Internet infringes his copyright and notifies the Internet information service provider or other institutions entrusted by him (hereinafter collectively referred to as the "Internet information service provider"), the Internet information service provider shall immediately take measures to remove the relevant content and retain the notice of the copyright owner for six months.
Article 6 After receiving the notice from the copyright owner, the Internet information service provider shall record the content of the information provided, the time of publication, the Internet address or the domain name. The Internet access service provider shall record the Internet content provider's access time, user account number, Internet address or domain name, calling phone number and other information.
The records mentioned in the preceding paragraph shall be kept for 60 days and provided to the copyright administrative department when inquiring.
Article 7 Where an Internet information service provider removes relevant content according to the notice of the copyright owner, the Internet content provider may send a counter-notice to both the Internet information service provider and the copyright owner stating that the removed content does not infringe copyright. After the counter-notice is issued, the Internet information service provider can restore the removed content, and does not bear administrative legal responsibility for the recovery.
Article 8 The notice of the copyright owner shall contain the following contents:
(1) proof of copyright ownership infringed by the allegedly infringing content;
(2) clear identification, address and contact information;
(3) the location of the alleged infringing content on the information network;
(4) relevant evidence of copyright infringement;
(5) A statement of the authenticity of the contents of the notice.
Article 9 An Internet content provider's counter-notice shall contain the following:
(1) Clear identification, address and contact information;
(2) Proof of the legality of the removed content;
(3) the location of the removed content on the Internet;
(4) A statement of the authenticity of the contents of the counter-notice.
Article 10 Notices by copyright owners and counter-notices by Internet content providers shall be in writing.
Where the notice of the copyright owner and the counter-notice of the Internet content provider do not contain the contents stipulated in Articles 8 and 9 of these Measures, they shall be deemed to have not been issued.
Article 11 Where an Internet information service provider knows that the Internet content provider infringes the copyright of others through the Internet, or fails to take measures to remove the relevant content after receiving the notice of the copyright owner, while harming the public interest, The copyright administration department may, in accordance with the provisions of Article 47 of the Copyright Law of the People's Republic of China, order the cessation of the infringing act and impose the following administrative penalties:
(1) Confiscation of illegal gains;
(2) imposing a fine of not more than three times the amount of illegal business; Where the amount of illegal business is difficult to calculate, a fine of not more than 100,000 yuan may be imposed.
Article 12 Where there is no evidence to show that the Internet information service provider is aware of the existence of infringement, or the Internet information service provider takes measures to remove the relevant content after receiving the notice of the copyright owner, it shall not bear administrative legal responsibility.
Article 13 When investigating and dealing with cases of infringement of the right of information network transmission in Internet information service activities, the copyright administration department may, in accordance with Article 12 of the Measures for the Implementation of Copyright Administrative Penalties, require copyright owners to submit necessary materials. A notice to the Internet information service provider and proof that the Internet information service provider has not taken steps to remove the content.
Article 14 Where an Internet information service provider has any of the circumstances provided for in Article 11 of these Measures, and has been identified by the copyright administration department as specializing in piracy, or has other serious circumstances, the information industry department under The State Council or the telecommunications administration department of the province, autonomous region or municipality directly under the Central Government shall handle the case according to the relevant laws and administrative regulations; Internet access service providers shall, in accordance with the notice of the competent department of information industry under The State Council or the telecommunications regulatory authorities of provinces, autonomous regions and municipalities directly under the Central Government, cooperate in the implementation of corresponding measures.
Article 15 Where an Internet information service provider fails to perform the obligations provided for in Article 6 of these Measures, the information industry department under The State Council or the telecommunications regulatory authority of a province, autonomous region or municipality directly under the Central Government shall give a warning and may impose a fine of less than 30,000 yuan.
Article 16 In the process of investigating and handling cases of infringement of the right of information network transmission in Internet information service activities, the copyright administrative department finds that the behavior of the Internet information service provider is suspected of constituting a crime, and shall transfer the case to the judicial department in accordance with the Provisions of The State Council on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs, and investigate the criminal responsibility according to law.
Article 17 These Measures shall apply to the administrative protection of the right of performers, producers of sound recordings and video recordings and other copyright related right holders to disseminate their performances or sound recordings and video recordings to the public through the Internet.
Article 18 The National Copyright Administration and the Ministry of Information Industry shall be responsible for the interpretation of these measures.
Article 19 These Measures shall come into force as of May 30, 2005.
Source: National Copyright Administration
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