LAWS AND REGULATIONS

Article 1 These Regulations are formulated in accordance with the Copyright Law of the People's Republic of China (hereinafter referred to as the Copyright Law) in order to protect the right of copyright owners, performers, producers of sound recordings and video recordings (hereinafter referred to as the right holders) to disseminate information through the Internet and to encourage the creation and dissemination of works conducive to the construction of socialist spiritual and material civilization.

Article 2 The right of information network dissemination enjoyed by the right holder is protected by the Copyright Law and these Regulations. Unless otherwise provided for by laws or administrative regulations, any organization or individual that provides to the public through an information network the works, performances, sound recordings and video recordings of others shall obtain permission from, and pay remuneration to, the right holders.

Article 3 Works, performances, audio and video recordings prohibited by law shall not be protected by these Regulations. When exercising the right of information network dissemination, the right holder shall not violate the Constitution, laws, administrative regulations, or harm the public interest.

Article 4 In order to protect the right of information network transmission, the right holder may take technical measures.

No organization or individual may intentionally circumvent or destroy the technical measures; no organization or individual may intentionally manufacture, import or provide to the public devices or components mainly used to circumvent or destroy the technical measures; and no organization or individual may intentionally provide technical services for others to circumvent or destroy the technical measures. However, laws and administrative regulations can be avoided except.

Article 5 Without the permission of the right holder, no organization or individual may engage in the following acts:

(1) Deliberately deleting or altering the electronic information on the rights management of works, performances, sound recordings and video products provided to the public through information networks, except where deletion or alteration is unavoidable due to technical reasons;

(2) Providing to the public through the information network works, performances, audio and video recordings that it knows or should know have been deleted or changed without the permission of the right holder.

Article 6 Anyone who provides a work of others through an information network may, under the following circumstances, not obtain permission from, or pay remuneration to, the copyright owner:

(1) appropriately quoting a published work in a work made available to the public for the purpose of introducing or commenting on a work or illustrating a problem;

(2) unavoidably reproducing or quoting a published work in a work made available to the public for the purpose of reporting current events;

(3) providing a small number of published works to a small number of teaching and research personnel for the purpose of classroom teaching or scientific research;

(4) A state organ, for the purpose of performing its official duties, makes a published work available to the public within a reasonable range;

(5) To translate into ethnic minority languages works published by Chinese citizens, legal persons or other organizations and created in the Chinese language, and to provide to ethnic minorities in China;

(6) Making a published written work available to a blind person, not for profit, in a unique way that blind people can perceive;

(7) To provide the public with current articles on political and economic issues that have been published on the information network;

(8) Make available to the public speeches delivered at public meetings.

Article 7 Libraries, archives, memorial halls, museums, art galleries, etc., may, without the permission of the copyright owner, provide through the information network to the service objects of the library the legally published digital works collected by the library and the works reproduced in digital form in accordance with the law for the display or preservation of versions, without paying remuneration to them, provided that they may not directly or indirectly obtain economic benefits. Except as otherwise agreed by the parties.

The works referred to in the preceding paragraph that need to be reproduced in digital form for display or preservation shall be works that have been damaged or are on the verge of being damaged, lost or stolen, or whose storage format is outdated and which cannot be purchased on the market or can only be purchased at a price significantly higher than the marked one.

Article 8 In order to implement the nine-year compulsory education or the national education plan through the information network, a person may, without the permission of the copyright owner, make courseware using fragments of published works, short literary works, musical works, single works of art or photographic works, which shall be provided to registered students through the information network by the distance education institutions that make courseware or obtain courseware according to law. However, remuneration shall be paid to the copyright owner.

Article 9 In order to aid poverty and provide, through information networks, to the public in rural areas free of charge, works published by Chinese citizens, legal persons or other organizations that are related to poverty alleviation, such as planting and breeding, disease prevention and treatment, disaster prevention and reduction, and works that meet basic cultural needs, network service providers shall, before providing the works to be provided, announce the works to be provided, their authors, and the standards of remuneration to be paid. Within 30 days from the date of announcement, if the copyright owner does not agree to provide the work, the network service provider shall not provide the work; If the copyright owner has no objection at the end of 30 days from the date of the announcement, the network service provider may provide the work and pay remuneration to the copyright owner in accordance with the standards of the announcement. After the network service provider provides the work of the copyright owner, if the copyright owner does not agree to provide the work, the network service provider shall immediately delete the work of the copyright owner and pay the remuneration for the period of providing the work to the copyright owner in accordance with the standards announced.

Whoever provides a work in accordance with the provisions of the preceding paragraph shall not directly or indirectly obtain economic benefits.

Article 10 Those who, in accordance with the provisions of these Regulations, provide their works to the public through information networks without the permission of copyright owners shall also comply with the following provisions:

(1) Except for the circumstances provided for in subparagraphs (1) to (6) and (7) of Article 6 of these Regulations, no work shall be provided that the author has declared in advance that it is not allowed to be provided;

(2) Specify the title of the work and the name (name) of the author;

(3) Pay remuneration in accordance with the provisions of these Regulations;

(4) To take technical measures to prevent others other than the service objects specified in Article 7, 8 and 9 of these Regulations from obtaining the works of the copyright owner, and to prevent the reproduction of the service objects specified in Article 7 of these Regulations from causing substantial damage to the interests of the copyright owner;

(5) Other rights enjoyed by the copyright owner according to law shall not be infringed.

Article 11 Those who provide performances, audio and video recordings of others through information networks shall comply with the provisions of Articles 6 to 10 of these Regulations.

Article 12 Under the following circumstances, technical measures may be avoided, but technology, devices or components that avoid technical measures may not be provided to others, and other rights enjoyed by the right holder according to law may not be infringed:

(1) providing published works, performances, sound recordings and video recordings to a small number of teaching and research personnel through information networks for the purpose of classroom teaching or scientific research, and such works, performances, sound recordings and video recordings can only be obtained through information networks;

(2) making a published written work available to a blind person, not for profit, through an information network in a unique way that a blind person can perceive, and the work can only be accessed through an information network;

(3) State organs perform their functions in accordance with administrative and judicial procedures;

(4) Testing the security performance of computers and their systems or networks on the information network.

Article 13 The copyright administration department may, in order to investigate and punish the infringement of the right of information transmission through the network, require the network service provider to provide the name (name), contact information, network address and other materials of the service object suspected of infringement.

Article 14 For an Internet service provider that provides information storage space or provides search and link services, where the right holder considers that the works, performances, audio and video recordings involved in its services infringe upon its right of information network transmission or have deleted or changed its rights to manage electronic information, it may submit a written notice to the Internet service provider. Require the network service provider to delete the work, performance, sound recording or video recording, or disconnect the link with the work, performance, sound recording or video recording. The notice shall contain the following:

(1) the name, contact information and address of the right holder;

(2) the name and network address of the infringing work, performance, sound recording or video recording whose link is required to be deleted or disconnected;

(3) preliminary certification materials constituting infringement.

The right holder shall be responsible for the authenticity of the notice.

Article 15 After receiving the notice from the right holder, the network service provider shall immediately delete the suspected infringing work, performance, sound recording and video recording, or disconnect the link with the suspected infringing work, performance, sound recording and video recording, and at the same time transmit the notice to the service object providing the work, performance, sound recording and video recording. Where the network address of the service object is unknown and cannot be transferred, the contents of the notice shall be announced on the information network at the same time.

Article 16 Where a service object, after receiving a notice forwarded by an Internet service provider, considers that the work, performance, sound recording and video recording provided by it does not infringe upon the rights of others, it may submit a written explanation to the Internet service provider, requesting the restoration of the deleted work, performance, sound recording and video recording, or the restoration of the link with the disconnected work, performance, sound recording and video recording. The written explanation shall contain the following:

(1) the service object's name (name), contact information and address;

(2) the name and network address of the work, performance, sound recording or video recording product for which recovery is requested;

(3) preliminary certification materials that do not constitute infringement.

The client shall be responsible for the authenticity of the written statement.

Article 17 After receiving the written explanation of the service object, the network service provider shall immediately restore the deleted work, performance, sound recording and video recording, or may restore the link with the disconnected work, performance, sound recording and video recording, and at the same time transmit the written explanation of the service object to the right holder. The right holder shall not notify the network service provider to delete the work, performance, sound recording or video recording, or disconnect the link with the work, performance, sound recording or video recording.

Article 18 Those who, in violation of the provisions of these Regulations, commit any of the following acts of infringement shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the impact, offering an apology, and making compensation for losses; If at the same time the public interests are harmed, the copyright administration department may order the infringement to stop, confiscate the illegal gains, and impose a fine of not more than 100,000 yuan; If the circumstances are serious, the copyright administration department may confiscate the computers and other equipment mainly used for providing network services; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) providing others' works, performances, sound and video recordings to the public through information networks without authorization;

(2) deliberately avoiding or sabotaging the technical measures;

(3) Intentionally deleting or changing the electronic information on rights management of a work, performance, sound recording and video recording provided to the public through an information network, or providing the public with a work, performance, sound recording and video recording that it knows or should know has been deleted or changed without the permission of the right holder;

(4) providing a work, performance, sound recording or video recording to rural areas through information networks for the purpose of helping poverty exceeds the prescribed scope, or fails to pay remuneration in accordance with the announced standards, or fails to delete the work, performance, sound recording or video recording immediately after the right holder disagrees with the provision;

(5) providing a work, performance, sound recording or video recording of another person through an information network, failing to specify the name of the work, performance, sound recording or video recording or the name of the author, performer, sound recording or video recording producer, or failing to pay remuneration; Or failing to take technical measures in accordance with the provisions of these Regulations to prevent others other than the object of service from obtaining the works, performances, sound recordings and video products of others, or failing to prevent the reproduction of the object of service from causing substantial damage to the interests of the right holder.

Article 19 Where anyone commits any of the following acts in violation of the provisions of these Regulations, the copyright administration department shall give him a warning, confiscate his illegal gains, and confiscate the devices or components mainly used to evade or destroy technical measures; If the circumstances are serious, computers and other equipment mainly used to provide network services may be confiscated, and a fine of not more than 100,000 yuan may be imposed; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Intentionally manufacturing, importing or providing to others devices or components mainly used to avoid or destroy technical measures, or intentionally providing technical services for others to avoid or destroy technical measures

Business;

(2) Obtaining economic benefits by providing others' works, performances, audio and video recordings through information networks;

(3) failing to announce the title of the work, performance, sound recording and video recording, the name of the author, performer, sound recording and video recording producer and the standard of remuneration before providing the work, performance, sound recording and video recording to rural areas through information networks for the purpose of helping poverty.

Article 20 Where a network service provider provides automatic network access services according to the instructions of the service object, or provides automatic transmission services for works, performances, audio and video recordings provided by the service object, and meets the following conditions, it shall not be liable for compensation:

(1) does not select and does not change the transmitted works, performances, sound recordings and video products;

(2) Provide the work, performance, sound recording and video recording to the designated service objects, and prevent others other than the designated service objects from obtaining it.

Article 21 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 meet the following conditions, shall not be liable for compensation:

(1) Works, performances, sound recordings and video recordings that are not automatically stored;

(2) shall not affect the original network service providers who provide works, performances, sound recordings and video recordings to know the situation of the service objects to obtain the works, performances, sound recordings and video recordings;

(3) When the original network service provider revises, deletes or blocks the work, performance, sound recording or video recording, it shall automatically modify, delete or block it according to the technical arrangement.

Article 22 Where network service providers provide information storage space for service objects to provide works, performances, audio and video recordings to the public through information networks, and meet the following conditions, they shall not be liable for compensation:

(1) 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;

(2) does not change the works, performances, audio and video recordings provided by the service object;

(3) not knowing or having reasonable reason to know that the works, performances, audio and video recordings provided by the service object infringe upon copyright;

(4) does not directly obtain economic benefits from the works, performances, audio and video recordings provided by the service object;

(5) after receiving the notice from the right holder, delete, in accordance with the provisions of these Regulations, the works, performances, audio and video recordings that the right holder considers infringing.

Article 23 Where an Internet service provider provides search or link services to the service object and, after receiving the notice from the right holder, disconnects the link with the infringing work, performance, sound recording or video recording in accordance with the provisions of these Regulations, it shall not be liable for compensation; However, those who know or should know that the linked works, performances, sound recordings and video recordings are infringing shall bear joint liability for infringement.

Article 24 Where the right holder's notice causes the network service provider to delete the work, performance, sound recording or video recording by mistake, or to disconnect the link with the work, performance, sound recording or video recording by mistake, thereby causing losses to the service object, the right holder shall be liable for compensation.

Article 25 Where a network service provider refuses or delays to provide the name (name), contact information, network address and other materials of the service object suspected of infringement without justifiable reasons, the copyright administration department shall give a warning; If the circumstances are serious, computers and other equipment mainly used to provide network services shall be confiscated.

Article 26 The meanings of the following terms in these Regulations:

The right to information network dissemination means the right to make a work, performance or sound recording and video recording available to the public by wired or wireless means, so that the public can obtain the work, performance or sound recording and video recording at a time and place of their own choice.

Technical measures refer to effective technologies, devices or components used to prevent or restrict the viewing and appreciation of a work, performance, sound recording or video recording without the permission of the right holder, or to make a work, performance, sound recording or video recording available to the public through information networks.

Electronic information for the administration of rights refers to information describing works and their authors, performances and performers, sound recordings and video recordings and their producers, information about the owners of the rights of works, performances, sound recordings and video recordings and the conditions of use, as well as numbers or codes representing the above information.

Article 27 These Regulations shall come into force as of July 1, 2006.