What are the contents of the Administrative Protection Measures for Internet Copyright
Article 1 is to strengthen Internet information service activities These Measures are formulated in accordance with the "Copyright Law of the People's Republic of China" and relevant laws and administrative regulations to administratively protect the right to disseminate information on information networks and standardize administrative law enforcement activities.
Article 2: These Measures apply to Internet information services During the activity, according to the instructions of the Internet content provider, functions such as uploading, storage, linking or searching of works, audio and video products and other contents are automatically provided through the Internet, and no editing, modification or selection is performed on the stored or transmitted content.
Directly providing Internet content in Internet information service activities Behaviors shall be governed by copyright law.
"Internet content providers" as referred to in these Measures Refers to Internet users who publish relevant content on the Internet.
Article 3 Copyright administrative departments at all levels shall implement administrative protection for the right of information network dissemination in Internet information service activities in accordance with laws, administrative regulations and these Measures. The information industry department of the State Council and the telecommunications departments of all provinces, autonomous regions and municipalities directly under the Central Government shall The management agency shall cooperate with relevant work in accordance with the law.
Article 4: When the copyright administrative department imposes administrative penalties on acts that infringe on the right to disseminate information networks in Internet information service activities, the "Implementation Measures for Copyright Administrative Penalties" shall apply.
Infringement of the right to information network dissemination in Internet information service activities It shall be under the jurisdiction of the copyright administrative department of the place where the infringement is committed. The place where the infringement is committed includes the location of servers and other equipment that provide Internet information service activities listed in Article 2 of these Measures.
Article 5 If the copyright owner discovers that the content spread on the Internet infringes his copyright, he shall report it to the Internet information service provider or its entrusted party After other organizations (hereinafter collectively referred to as "Internet information service providers") issue notices, the Internet information service providers should immediately take measures to remove the relevant content and retain the copyright owner's notice for 6 months.
Article 6 After receiving the notice from the copyright holder, Internet information service providers shall record and provide The information content and the time of release, Internet address or domain name. Internet access service providers shall record the access time, user account, Internet address or domain name, calling phone number and other information of the Internet content provider.The records referred to in the preceding paragraph shall be kept for 60 days and shall be kept in the copyright administration When the management department inquires,supply.
Article 7 Internet information service providers based on copyright If relevant content is removed based on a person's notice, the Internet content provider may issue a counter-notification to both the Internet information service provider and the copyright holder stating that the removed content does not infringe copyright. After the counter-notification is issued, the Internet information service provider can restore the removed content and will not bear administrative legal responsibility for the restoration.
Article 8 The notice from the copyright owner shall include the following Content:
(1) Infringement by allegedly infringing content Proof of copyright ownership;
(2) Clear Proof of identity, address, and contact information;
( 3) The location of the allegedly infringing content on the information network;
(4) Relevant evidence of copyright infringement;
(5) Statement of authenticity of the content of the notice.
Article 9 InternetThe counter-notification from the website content provider should contain the following content:
(1) Clear identification, address, and contact information;
(2) Proof of legality of the removed content;
(3) The location of the removed content on the Internet;
(4) Statement of authenticity of the content of the counter-notification.
Article 10 Notices from Copyright Owners and Internet Content Provider's counter-notification shall be in writing.
Notice from copyright owners and Internet content providers If the counter-notification does not contain the content specified in Articles 8 and 9 of these Measures, it shall be deemed not to have been issued.
Article 11 Internet information service providers knowingly If an Internet content provider infringes the copyright of others through the Internet, or fails to take steps to remove the relevant content after receiving notice from the copyright owner despite not knowing it, thereby harming social and public interests, the copyright administrative department may, in accordance with the "People's Republic of China" According to the provisions of Article 47 of the Copyright Law, the infringing act shall be ordered to cease and the following administrative penalties shall be imposed:
(1) Confiscation of illegal gains;
(2) A fine of not more than three times the illegal business turnover may be imposed; if the illegal business turnover is difficult to calculate, a fine of not more than 100,000 yuan may be imposed.
Article 12 No evidence that Internet information services are provided If the author is aware of the fact of infringement, or if the Internet information service provider takes measures to remove relevant content after receiving notice from the copyright owner, it shall not bear administrative legal liability.
Article 13 When investigating and handling cases of infringement of information network dissemination rights in Internet information service activities, the copyright administrative department may follow Article 12 of the "Measures for the Implementation of Copyright Administrative Punishments" stipulates that copyright owners are required to submit necessary materials, as well as a notice to the Internet information service provider and proof that the Internet information service provider has not taken measures to remove relevant content.
Article 14 Internet information service providers have the following provisions of these Measures In the circumstances specified in Article 11, and if the copyright administrative department determines in accordance with the law to specialize in piracy activities, or there are other serious circumstances, the information industry department of the State Council or the telecommunications management agency of the province, autonomous region, or municipality directly under the Central Government shall handle it in accordance with the provisions of relevant laws and administrative regulations. Internet access service providers shall cooperate with the implementation of corresponding measures in accordance with the notices from the information industry administrative department of the State Council or the telecommunications management agencies of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 15 If an Internet information service provider fails to perform its obligations stipulated in Article 6 of these Measures, the competent information industry department of the State Council or Provinces and autonomous regions, the municipal telecommunications management agency shall issue a warning and may also impose a fine of not more than 30,000 yuan.
Article 16 The copyright administrative department is investigating and punishing During the course of a case of infringement of information network dissemination rights in Internet information service activities, if it is discovered that the Internet information service provider's behavior is suspected of constituting a crime, the case shall be transferred to the judicial department in accordance with the State Council's "Regulations on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Agencies" and investigated in accordance with the law. criminal responsibility.
Article 17 Performers, audio and video production These Measures shall apply to the administrative protection of the rights of copyright-related rights holders such as authors to disseminate their performances or audio and video products to the public through the Internet.
Article 18 These Measures are governed by the National Copyright Administration The Ministry of Information Industry is responsible for the explanation.
Article 19 These Measures have been in effect since May 2005 It will come into effect on March 30th.
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