How to understand the right of information network dissemination
According to the Copyright Law of the People's Republic of China Article 10 of the Regulations stipulates that the so-called information network dissemination right is the right to provide works to the public in wired or wireless ways, so that the public can obtain the works at the time and place of their personal choosing. It is an important part of property rights in copyright. In order to protect the right to disseminate information on information networks, the country has formulated the "Regulations on the Protection of the Right to Disseminate Information Networks", the specific contents of which are as follows:
Article 1 is to protect copyright holders, The information network dissemination rights of performers and audio and video producers (hereinafter collectively referred to as rights holders) encourage the creation and dissemination of works that are beneficial to the construction of socialist spiritual civilization and material civilization. According to the Copyright Law of the People's Republic of China (hereinafter referred to as the Copyright Law) ), enact these regulations.
Article 2: The rights of information network dissemination enjoyed by rights holders are protected by the Copyright Law and these Regulations. Unless otherwise provided by laws and administrative regulations, any organization or individual that provides other people's works, performances, audio or video recordings to the public through information networks must obtain permission from the rights holder and pay remuneration.
Article 3 Works, performances, and audio and video products that are prohibited from being provided according to law are not protected by these regulations.
When rights holders exercise their right to information network dissemination, they must not violate the Constitution, laws and administrative regulations, or harm public interests.
Article 4: In order to protect the right to disseminate information online, rights holders may take technical measures.
No organization or individual may deliberately avoid or destroy technical measures, and shall not intentionally manufacture, import or provide to the public mainly used to avoid technical measures. or devices or components that undermine technical measures, shall not intentionally provide technical services for others to avoid or destroy technical measures. However, exceptions are made that can be avoided according to laws and administrative regulations.
Article 5 Without the permission of the rights holder, no organization or individual may conduct the following acts:
(1) Deliberately deleting or changing the rights management electronic information of works, performances, and audio and video products provided to the public through information networks, but deletion cannot be avoided due to technical reasons Except for those that have been deleted or changed;
(2) Providing information to the public through information networks knowingly or should have known that it has been deleted or changed without the permission of the rights holder. Rights management of electronic information works, performances, audio and video recordings.
Article 6 If the work of others is provided through information networks and falls under the following circumstances, the copyright owner may not be allowed to obtain permission and no remuneration shall be paid to him or her. ：
(1) In order to introduce or comment on a certain work or explain a certain issue, appropriately cite the work provided to the public. Published works;
(2) In order to report current affairs news, unavoidably reproduce or quote published works in works provided to the public works;
(3) Providing a small number of published works to a small number of teaching and scientific researchers for school classroom teaching or scientific research;
(4) In order to perform official duties, state agencies provide published works to the public within a reasonable scope;
(5) Translate works in ethnic minority languages that have been published by Chinese citizens, legal persons or other organizations and are created in Chinese Provided by ethnic minorities;
(6) Not for profit, in a unique way that blind people can perceiveProvide the blind with published written works;
(7) Provide the public with published works on political and economic issues on the information network Articles on current affairs;
(8) Provide the public with speeches delivered at public gatherings.
Article 7: Libraries, archives, memorial halls, museums, art galleries, etc. may, without the permission of the copyright holder, publish information through information networks. No remuneration will be paid to service recipients within the library for providing legally published digital works collected by the library and works that need to be reproduced in digital form for display or preservation in accordance with the law, but they may not obtain direct or indirect economic benefits. Unless otherwise agreed by the parties.
The works that need to be reproduced in digital form for display or preservation as specified in the preceding paragraph shall be damaged or on the verge of damage, lost or Works that have been stolen or are stored in an obsolete format and are unavailable on the market or can only be purchased at a significantly higher price than stated.
Article 8: To implement nine-year compulsory education or national education planning through information networks, you may use it without the permission of the copyright owner. The production of courseware for fragments of published works or short literary works, musical works or single-frame art works or photographic works shall be provided to registered students through the information network by distance education institutions that produce courseware or obtain courseware in accordance with the law, but payment shall be made to the copyright holder remuneration.
Article 9, in order to assist the poor, provide free information to the public in rural areas through information networks that have been published by Chinese citizens, legal persons or other organizations. For 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, network service providers should announce the works to be provided, their authors, and the standards of remuneration to be paid before providing them. 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 30 days from the date of announcement, the copyright owner has no objection, the network service provider may provide the work in accordance with the Remuneration is paid to the copyright holder according to the published standards. After the network service provider provides the copyright owner's work, if the copyright owner does not agree to provide it, the network service provider shall immediately delete the copyright owner's work and provide it to the public in accordance with the announced standards.The copyright holder pays remuneration for the period in which the work is provided.
Those who provide works in accordance with the provisions of the preceding paragraph shall not obtain direct or indirect economic benefits.
Article 10 Whoever provides his or her 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 circumstances specified in Article 6, Items 1 to 6, and Article 7, Works that the author has declared in advance not to be provided shall not be provided;
(2) Specify the name of the work and the name of the author;
(2) Specify the name of the work and the name of the author;
p>(3) Pay remuneration in accordance with the provisions of these regulations;
(4) Take technical measures to prevent others other than the service recipients specified in Articles 7, 8, and 9 of these Regulations from obtaining the works of the copyright holder, and prevent the service recipients specified in Article 7 of these Regulations from The copying behavior causes substantial damage to the interests of the copyright owner;
(5) It shall not infringe other rights enjoyed by the copyright owner in accordance with the law.
"Regulations on the Protection of Information Network Communication Rights" Eleventh Article 1: Anyone who provides other people's performances, audio or video recordings through information networks shall comply with the provisions of Articles 6 to 10 of these Regulations.
Article 12 Under the following circumstances, technical measures can be circumvented, but technology or techniques to circumvent technical measures must not be provided to others. Devices or components shall not infringe other rights enjoyed by the right holder in accordance with the law:
(1) For school classroom teaching or scientific research, through information The Internet provides published works, performances, and audio and video products to a small number of teaching and scientific researchers.The works, performances, audio and video products can only be obtained through information networks;
(2) Not for profit, through information The Internet provides blind people with published written works in a unique way that blind people can perceive, and this work can only be obtained through the information network;
(3) State agencies perform official duties in accordance with administrative and judicial procedures;
(4) Use computers and their systems or networks on information networks Safety performance is tested.
Article 13: In order to investigate and deal with infringement of information network dissemination rights, the copyright administrative department may require network service providers to provide information on suspected infringement The name, contact information, network address and other information of the service object.
Article 14 For network service providers that provide information storage space or provide search and link services, the rights holder believes that the services provided If the works, performances, audio and video products involved infringe upon one's information network dissemination rights or are deleted or change one's rights management electronic information, you may submit a written notice to the network service provider and request the network service provider to delete the work , performance, audio or video recording, or disconnect from the work, performance, audio or video recording. The notification shall contain the following contents:
(1) Name, contact information and address of the right holder;
(2) The name and network address of the infringing works, performances, audio and video products requested to be deleted or disconnected;
(3) Preliminary proving materials constituting infringement.
The rights holder shall be responsible for the authenticity of the notification.
Article 15 Network service provider accessAfter receiving the notice from the rights holder, the allegedly infringing works, performances, and audio and video products should be immediately deleted or the link to the allegedly infringing works, performances, and audio and video products should be disconnected, and the notice should be forwarded to the provider of the work, performance, or video recording at the same time. The service object of the video product; if the network address of the service object is unknown and cannot be forwarded, the contents of the notice shall be announced on the information network at the same time.
Article 16: After receiving the notice forwarded by the network service provider, the service object believes that the works, performances, audio and video provided by it If the product does not infringe the rights of others, you may submit a written explanation to the network service provider to request the restoration of the deleted work, performance, or audio and video products, or to restore the link to the disconnected work, performance, or audio and video product. The written explanation should include the following content:
(1) Name, contact information and address of the service recipient;
(2) The name and network address of the works, performances, audio and video products requested to be restored;
(3) Preliminary proving materials that do not constitute infringement.
The service recipient shall be responsible for the authenticity of the written description.
Article 17: After receiving written instructions from the service object, the network service provider shall immediately restore the deleted works, performances, Audio and video recordings, or the link to the disconnected works, performances, audio and video recordings can be restored, and a written explanation of the service object will be forwarded to the right holder. The rights holder shall no longer notify the network service provider to delete the work, performance, or audio or video recordings, or to disconnect the work, performance, or audio or video recordings.
Article 18 Whoever violates the provisions of these regulations and commits any of the following infringements shall be responsible for stopping the infringement, eliminating the impact, and making amends according to the circumstances. Civil responsibilities such as apology and compensation for losses; if the public interest is harmed at the same time, the copyright administrative department may order the infringement to cease and the illegal gains shall be confiscated. If the illegal business volume exceeds 50,000 yuan, a fine of not less than 1 time but not more than 5 times of the illegal business volume may be imposed. Fine; if there is no illegal business volume or the illegal business volume is less than 50,000 yuan, depending on the seriousness of the case,A fine of not more than 250,000 yuan may be imposed; if the circumstances are serious, the copyright administrative department may confiscate computers and other equipment mainly used to provide network services; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Providing other people’s works, performances, audio and video products to the public through information networks without authorization;
(2) Deliberately avoiding or destroying technical measures;
(3) Deliberately deleting or changing passing information The electronic rights management information of works, performances, and audio and video recordings provided to the public through the Internet, or the electronic rights management information of works, performances, audio and video recordings that are knowingly or should be known to have been deleted or changed without the permission of the right holder is provided to the public through the information network. products;
(4) Providing works, performances, and audio and video products to rural areas through information networks to assist the poor exceeds the prescribed scope, Or fails to pay remuneration in accordance with the announced standards, or fails to delete his works, performances, audio and video products immediately after the rights holder does not agree to provide them;
(5) Providing other people's works, performances, and audio and video products through information networks without specifying the name of the work, performance, or audio and video products or the name of the author, performer, or audio and video producer, or failing to pay remuneration, or failure to take technical measures in accordance with the provisions of these regulations to prevent others other than the service recipients from obtaining other people's works, performances, audio and video products, or failure to prevent the service recipients' copying behavior from causing substantial damage to the interests of the rights holders.
Article 19 Anyone who violates the provisions of these Regulations and commits any of the following acts shall be given a warning by the copyright administrative department and the illegal gains shall be confiscated , confiscate devices or components mainly used to circumvent or destroy technical measures; in serious cases, computers and other equipment mainly used to provide network services may be confiscated; if the illegal business volume exceeds 50,000 yuan, a fine of more than 1 times the illegal business volume may be imposed A fine of not more than 5 times; if there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed depending on the severity of the case; if a crime is constituted, criminal liability 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 other people’s works, performances, and audio and video products through information networks to obtain economic benefits;
(3) Providing works, performances, audio and video products to rural areas through information networks for poverty alleviation, without announcing the names, authors, performers, audio and video products of the works, performances, audio and video products before provision The name of the producer and the remuneration rate.
Article 20: Network service providers provide automatic network access services according to the instructions of service objects, or provide works provided by service objects. If automatic transmission services are provided for performances, audio and video products, and the following conditions are met:
(1) Not selected and the transmitted works, performances, audio and video recordings have not been changed;
(2) Provide the works, performances to the designated service objects , audio and video recordings, and prevent others other than the designated service recipients from obtaining them.
Article 21: In order to improve network transmission efficiency, network service providers automatically store works obtained from other network service providers. If performances and audio and video products are automatically provided to service recipients according to technical arrangements and meet the following conditions, no liability for compensation will be borne:
( 1) The automatically stored works, performances, and audio and video recordings are not changed;
(2) The provision of works, performances, audio and video recordings is not affected The original network service provider of the product knows how the service object obtains the work, performance, audio and video products;
(3) On the original network The service provider modifies, deletes or blocks the work, performance, audio or video recordingWhen the product is released, it will be automatically modified, deleted or blocked according to technical arrangements.
Article 22: Network service providers provide information storage space for service objects, so that service objects can provide works to the public through information networks , performances, audio and video products, and meet the following conditions, we will not be liable for compensation:
(1) Clearly mark the information storage space It is provided for service objects and discloses the name, contact person and network address of the network service provider;
(2) remains unchanged Works, performances, and audio and video products provided by the service recipient;
(3) Neither the service recipient nor any reasonable reason should be known The works, performances, and audio and video products provided infringe the copyright;
(4) Failure to provide works, performances, audio and video products from the service recipients Directly obtain economic benefits;
(5) After receiving the notice from the right holder, delete the content that the right holder believes to be infringing in accordance with the provisions of these regulations Works, performances, audio and video recordings.
Article 23: A network service provider provides search or link services to service objects. After receiving a notice from the right holder, If you disconnect from an infringing work, performance, or audio or video product in accordance with the provisions of these regulations, you will not be liable for compensation; however, if you know or should have known that the linked work, performance, or audio or video product is infringing, you will be liable for joint infringement.
Article 24: Network service providers mistakenly delete works, performances, or audio and video products due to notifications from rights holders, or If the link to a work, performance, or audio or video product is disconnected, causing losses to the service recipient, the rights holder shall bear liability for compensation.
Article 25: An Internet service provider refuses to provide or delays providing the name of a service object suspected of infringement without justifiable reasons., contact information, network address and other information, the copyright administrative department will give a warning; if the case is serious, computers and other equipment mainly used to provide network services will be confiscated.
Article 26 The meaning of the following terms in these Regulations:
The right of information network dissemination refers to providing works, performances or audio and video recordings to the public through wired or wireless means, so that the public can obtain the works, performances or audio and video recordings at the time and place of their personal choosing. product rights.
Technical measures refer to measures used to prevent or restrict browsing or appreciating works, performances, audio and video products without the permission of the right holder, or Effective technology, devices or components for providing works, performances, audio and video recordings to the public through information networks.
Rights management electronic information refers to descriptions of works and their authors, performances and performers, audio and video products and their producers Information, information on the rights holders of works, performances, audio and video recordings and conditions of use, as well as numbers or codes representing the above information.
Article 27 These Regulations shall come into effect on July 1, 2006.
The above knowledge is the editor’s answer to the question “How to understand the right of information network dissemination”. If you need more legal information Help, welcome to Legal Savior Network for legal consultation.
