legal provisions

Regulations on the Protection of the Right to Information Network Dissemination (promulgated by the State Council of the People's Republic of China on May 18, 2006, and revised according to the Decision of the State Council on Amending the Regulations on the Protection of the Right to Information Network Dissemination on January 30, 2013) Article 1: In order to protect the information network dissemination rights of copyright owners, performers, and audio and video producers (hereinafter referred to as rights holders), and encourage the creation and dissemination of works that are beneficial to the construction of socialist spiritual and material civilization, this regulation is formulated in accordance with the Copyright Law of the People's Republic of China (hereinafter referred to as the Copyright Law) Article 2: The right of information network dissemination enjoyed by the right holder is protected by the Copyright Law and this Regulation. Unless otherwise provided by laws and administrative regulations, any organization or individual who provides the works, performances, audio and video recordings of others to the public through information networks shall obtain permission from the rights holder and pay remuneration Article 3: Works, performances, audio and video recordings that are prohibited by law from being provided are not protected by this regulation The right holder shall exercise the right of information network dissemination without violating the Constitution, laws, administrative regulations, or harming 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 disrupt technical measures, shall intentionally manufacture, import or provide to the public devices or components primarily used to avoid or disrupt technical measures, and shall not intentionally provide technical services for others to avoid or disrupt technical measures. However, exceptions are made for situations that can be avoided according to laws and administrative regulations Article 5: Without the permission of the rights holder, no organization or individual shall engage in the following acts: (1) Intentionally deleting or changing the electronic information of the rights management of works, performances, audio and video products provided to the public through information networks, except where deletion or change cannot be avoided due to technical reasons (2) Provide the public with works, performances, audio and video recordings that are known or should have been known to have been deleted or altered without the permission of the rights holder through information networks Article 6: If someone provides another person's work through an information network and falls under the following circumstances, they may not obtain permission from the copyright owner and may not be paid remuneration:

(1) In order to introduce, comment on a certain work or explain a certain issue, appropriately cite a published work in the work provided to the public;

(2) In order to report current affairs news, it is inevitable to reproduce or quote published works in the works provided to the public (3) Provide a small number of published works to a few teaching and research personnel for classroom teaching or scientific research in schools (4) State organs provide published works to the public within a reasonable range in order to carry out their official duties (5) Translate works created in Chinese language and written by Chinese citizens, legal persons or other organizations into minority language and written works, and provide them to ethnic minorities within China (6) Not for profit, provide published written works to the blind in a unique way that they can perceive (7) Provide the public with current affairs articles on political and economic issues that have been published on information networks (8) Provide speeches delivered at public gatherings to the public Article 7: Libraries, archives, memorial halls, museums, art galleries, etc. may provide legally published digital works collected by the library and works that need to be reproduced in digital form for display or preservation through information networks to service objects within the library premises without the permission of the copyright owner. They shall not be paid remuneration, but shall not directly or indirectly obtain economic benefits. Unless otherwise agreed by the parties The works that need to be replicated in digital form for display or preservation purposes as stipulated in the preceding paragraph shall be those that have been damaged or are on the verge of being damaged, lost or stolen, or whose storage format is outdated and cannot be purchased in the market or can only be purchased at a price significantly higher than the designated price Article 8: In order to implement the nine-year compulsory education or national education plan through the information network, without the permission of the copyright owner, it is possible to use fragments of their published works or short written works, music works, or single artwork or photography works to create courseware. The distance education institution that produces the courseware or obtains the courseware in accordance with the law shall provide it to registered students through the information network, but shall pay remuneration to the copyright owner Article 9: In order to assist poverty, Chinese citizens, legal persons, or other organizations shall provide free of charge to the public in rural areas through information networks works related to poverty alleviation, such as planting and breeding, disease prevention and treatment, disaster prevention and reduction, and works that meet basic cultural needs. Internet service providers shall announce the works to be provided, their authors, and the standards for remuneration to be paid before providing them. Within 30 days from the date of announcement, if the copyright owner does not agree to provide it, the network service provider shall not provide their work; If the copyright owner has no objections within 30 days from the date of announcement, the network service provider may provide their works and pay remuneration to the copyright owner according to the standards announced. If the network service provider provides the copyright owner's work and 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 during the period of providing the work according to the published standards Those who provide works in accordance with the provisions of the preceding paragraph shall not directly or indirectly obtain economic benefits Article 10: Those who provide their works to the public through information networks without the permission of the copyright owner in accordance with the provisions of these Regulations shall also comply with the following provisions:

(1) Except for the situations stipulated in Article 6, Items 1 to 6, and Article 7 of these Regulations, works that the author has declared not to be provided in advance shall not be provided;

(2) Indicate the name of the work and the author's name (title) (3) Pay remuneration in accordance with the provisions of this Regulation (4) Take technical measures to prevent others other than the service objects specified in Articles 7, 8, and 9 of these Regulations from obtaining the works of the copyright owner, and prevent the copying behavior of the service objects specified in Article 7 of these Regulations from causing substantial damage to the interests of the copyright owner (5) Shall not infringe upon other rights enjoyed by the copyright owner in accordance with the law 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 this Regulation Article 12: Those who fall under the following circumstances may avoid technical measures, but shall not provide technology, devices or components that avoid technical measures to others, and shall not infringe on other rights enjoyed by the rights holder in accordance with the law: (1) For classroom teaching or scientific research in schools, providing published works, performances, audio and video recordings to a small number of teaching and research personnel through information networks, and the works, performances, audio and video recordings can only be obtained through information networks (2) For non-profit purposes, provide published written works to blind people through information networks in a unique way that blind people can perceive, and the works can only be obtained through information networks (3) State organs carry out their official duties in accordance with administrative and judicial procedures (4) Testing the security performance of computers, their systems, or networks on information networks Article 13: Copyright administrative departments may require network service providers to provide information such as the name, contact information, and network address of the service object suspected of infringement in order to investigate and punish acts that infringe on the right of information network dissemination Article 14: For network service providers who provide information storage space or search and linking services, if the rights holder believes that the works, performances, audio and video products involved in their services infringe on their own information network dissemination rights or have been deleted or changed in their rights management electronic information, they may submit a written notice to the network service provider, requesting the network service provider to delete the works, performances, audio and video products, or disconnect the links with the works, performances, audio and video products. The notification shall include the following contents:

(1) Name, contact information, and address of the rights holder (2) Request to delete or disconnect the names and network addresses of infringing works, performances, audio and video recordings (3) Preliminary evidence of infringement The right holder shall be responsible for the authenticity of the notice Article 15: After receiving a notification from the rights holder, the network service provider shall immediately delete the suspected infringing works, performances, audio and video products, or disconnect the links with the suspected infringing works, performances, audio and video products, and at the same time forward the notification to the service object providing the works, performances, audio and video products; If the network address of the service recipient is unknown and cannot be forwarded, the content of the notification shall be announced on the information network at the same time Article 16: If a service recipient receives a notification forwarded by a network service provider and believes that the works, performances, or audio/video recordings provided do not infringe on the rights of others, they may submit a written explanation to the network service provider, requesting the restoration of the deleted works, performances, or audio/video recordings, or the restoration of the link with the disconnected works, performances, or audio/video recordings. The written explanation should include the following content:

(1) Name, contact information, and address of the service recipient (2) The names and network addresses of the works, performances, audio and video recordings that require restoration (3) Preliminary proof materials that do not constitute infringement The service recipient shall be responsible for the authenticity of the written explanation Article 17: After receiving a written explanation from the service object, the network service provider shall immediately restore the deleted works, performances, audio and video recordings, or may restore the link with the disconnected works, performances, audio and video recordings, and at the same time forward the written explanation from the service object to the right holder. The rights holder shall not notify the network service provider to delete the work, performance, audio and video products, or disconnect the link with the work, performance, audio and video products Article 18: Anyone who violates the provisions of these Regulations and commits any of the following acts of infringement shall bear civil liability such as cessation of infringement, elimination of impact, apology, compensation for losses, etc., depending on the circumstances; If it damages the public interest at the same time, the copyright administrative department may order the cessation of the infringement, confiscate the illegal gains, and impose a fine of not less than one time and not more than five times the illegal business amount if the illegal business amount is more than 50000 yuan; If there is no illegal business or the illegal business is less than 50000 yuan, a fine of less than 250000 yuan may be imposed depending on the severity of the circumstances; In serious cases, the copyright administrative department may confiscate computers and other equipment mainly used for providing network services; If a crime is committed, criminal responsibility shall be pursued in accordance with the law: (1) Providing others' works, performances, audio and video recordings to the public through information networks without authorization (2) Intentionally avoiding or destroying technical measures (3) Intentionally deleting or altering the rights management electronic information of works, performances, audio and video recordings provided to the public through information networks, or providing works, performances, audio and video recordings that are known or should have been known to be deleted or altered without the permission of the rights holder to the public through information networks (4) Providing works, performances, audio and video recordings to rural areas through information networks in order to assist poverty beyond the prescribed scope, or failing to pay remuneration according to the published standards, or failing to delete their works, performances, audio and video recordings immediately after the right holder does not agree to provide them (5) Providing works, performances, audio and video recordings of others through information networks without specifying the name of the work, performance, audio and video recording, or the name of the author, performer, or audio and video producer, or without paying remuneration, or failing to take technical measures in accordance with this regulation to prevent others other than the service object from obtaining the works, performances, audio and video recordings of others, or failing to prevent the service object's copying behavior from causing substantial damage to the rights holder's interests Article 19: Anyone who violates the provisions of these Regulations and commits any of the following acts shall be warned by the copyright administrative department, have their illegal gains confiscated, and have their devices or components mainly used to avoid or damage technical measures confiscated; In serious cases, computers and other equipment mainly used for providing network services may be confiscated; Those who engage in illegal business with a turnover of over 50000 yuan may be fined between 1 and 5 times the amount of illegal business; If there is no illegal business or the illegal business is less than 50000 yuan, a fine of less than 250000 yuan may be imposed depending on the severity of the circumstances; If a crime is committed, criminal responsibility shall be pursued in accordance with the 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 (2) Providing others' works, performances, audio and video recordings through information networks to obtain economic benefits (3) Providing works, performances, audio and video recordings to rural areas through information networks to assist poverty, without disclosing the names of the works, performances, audio and video recordings, as well as the names and remuneration standards of the authors, performers, and audio and video producers before providing them Article 20: If 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) Failure to select and change the transmitted works, performances, audio and video recordings (2) Provide the work, performance, audio and video recordings to designated service recipients, and prevent others outside the designated service recipients from obtaining them Article 21: Network service providers shall not be liable for compensation if they automatically store works, performances, audio and video recordings obtained from other network service providers in order to improve network transmission efficiency, provide them to service recipients according to technical arrangements, and meet the following conditions: (1) they have not changed the automatically stored works, performances, audio and video recordings (2) It does not affect the original network service provider who provides works, performances, audio and video products from knowing the situation of service recipients obtaining the works, performances, audio and video products (3) When the original network service provider modifies, deletes or blocks the work, performance, audio and video products, they will be automatically modified, deleted or blocked according to technical arrangements Article 22: If a network service provider provides information storage space for service objects to provide works, performances, audio and video products to the public through information networks, and meets the following conditions, it shall not be liable for compensation: (1) Clearly indicate that the information storage space is provided for service objects, and publicly disclose the name, contact person, and network address of the network service provider (2) The works, performances, audio and video recordings provided by the service object have not been changed (3) Without knowing or having reasonable grounds, one should know that the works, performances, audio and video recordings provided by the service recipient infringe (4) Not directly obtaining economic benefits from the works, performances, audio and video recordings provided by the service recipients (5) After receiving the notice from the right holder, delete the works, performances, audio and video recordings that the right holder considers to be infringing in accordance with the provisions of this Regulation Article 23: If a network service provider provides search or linking services to its service recipients and, upon receiving a notice from the rights holder, disconnects the links to infringing works, performances, or audio and video recordings 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, audio and video recordings infringe shall bear joint liability for infringement Article 24: If the notification from the right holder causes the network service provider to mistakenly delete works, performances, audio and video recordings, or disconnect links with works, performances, audio and video recordings, resulting in losses to the service object, the right holder shall bear the liability for compensation Article 25: If a network service provider refuses or delays providing the name, contact information, network address, and other information of a service object suspected of infringement without justifiable reasons, the copyright administrative department shall issue a warning; For serious cases, computers and other equipment mainly used for providing network services shall be confiscated Article 26: 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 and video recordings to the public through wired or wireless means, so that the public can obtain works, performances, or audio and video recordings at a time and place of their personal choice Technical measures refer to effective technologies, devices, or components used to prevent or restrict unauthorized viewing, appreciation of works, performances, audio and video recordings by the rights holder, or to provide works, performances, audio and video recordings to the public through information networks Electronic information for rights management refers to information about works and their authors, performances and performers, audio and video recordings and their creators, information about the rights holders and usage conditions of works, performances, audio and video recordings, as well as numbers or codes representing the above information Article 27: This regulation shall come into effect on July 1, 2006& nbsp; 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