What is the meaning of the right of communication and how to embody it
The so-called information network dissemination right refers to the right to provide works, performances or audio and video products to the public through wired or wireless means, so that the public can obtain the works, performances or audio and video products at a time and place of their personal choosing.
"Regulations on the Protection of Information Network Communication Rights"
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 by law are not protected by these regulations.
"Regulations on the Protection of the Right to Disseminate Information Networks" Fourth Article 1 In order to protect the right to disseminate information online, the right holder may take technical measures.
Electronic information on rights management of works, performances, and audio and video products provided by the public, except where deletion or change cannot be avoided due to technical reasons; (2) Providing information to the public through information networks knowingly or should have known that it had been deleted without the permission of the rights holder or change works or tables of rights management electronic informationPerformances, audio and video recordingsArticle 6 If the works of others are provided through information networks and fall under the following circumstances, the copyright owner may not obtain permission and no remuneration shall be paid to him: (1) In order to introduce or comment on a certain work or to explain a certain issue, appropriately citing published works in works provided to the public; (2) In order to report current affairs news, inevitably reproduce or reproduce them in works provided to the public Citing published works; (3) Providing a small number of published works to a small number of teaching and scientific research personnel for school classroom teaching or scientific research; (4) State agencies providing published works to the public within a reasonable scope in order to perform official duties; (5) Translating works in Chinese languages and written works published by Chinese citizens, legal persons or other organizations into ethnic minority languages and writings, and providing them to ethnic minorities in China; The unique way of perception provides the blind with published written works; (7) provides the public with current articles on political and economic issues that have been published on the information network; (8) provides the public with speeches delivered at public gatherings.
Article 7 Libraries, archives, memorial halls, museums, art galleries, etc. may provide services within the library premises through information networks without the permission of the copyright owner. No remuneration will be paid to objects who provide 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 shall not obtain direct or indirect economic benefits. Unless otherwise agreed by the parties.
Article 8: To implement nine-year compulsory education or national education planning through information networks, fragments or fragments of published works may be used without the permission of the copyright owner. Courseware for producing short literary works, musical works, or single-frame works of art 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 remuneration shall be paid to the copyright holder.
Article 9: In order to assist the poor, information on planting, breeding, disease prevention and treatment that have been published by Chinese citizens, legal persons or other organizations shall be provided free of charge to the public in rural areas through information networks. For works related to poverty alleviation, disease prevention and relief, 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 immediatelyDelete the copyright owner's work and pay the copyright owner the remuneration for providing the work in accordance with the announced standards.
Article 10 In accordance with the provisions of these Regulations, those who provide their works to the public through information networks without the permission of the copyright owner shall also comply with the following provisions: (1) In addition to Except for the circumstances stipulated in Article 6 (1) to (6) and Article 7 of these Regulations, works that the author has declared in advance not to be provided shall not be provided; (2) Specify the title of the work and the name of the author; (3) Pay remuneration in accordance with the provisions of these Regulations; (4) Take technical measures to prevent others other than the service recipients stipulated in Articles 7, 8 and 9 of these Regulations from obtaining the works of the copyright holder, and prevent persons other than those specified in Articles 7, 8 and 9 of these Regulations from obtaining the works of the copyright holder, and to prevent persons other than those specified in Articles 7, 8 and 9 of these Regulations from obtaining The copying behavior of the service objects stipulated in Article 7 causes substantial damage to the interests of the copyright owner; (5) other rights enjoyed by the copyright owner in accordance with the law shall not be infringed.
The above is a brief introduction to the right of communication and how it is embodied. Therefore, when you are spreading, you must be familiar with the relevant laws and regulations to avoid spreading some information that violates laws and regulations. If you have other questions, the Legal Savior Network also provides online lawyer consultation services. You are welcome to have legal consultation.