Traditional Culture Encyclopedia - Photography and portraiture - Regulations on the Protection of Information Network Communication Right (revised 20 13)

Regulations on the Protection of Information Network Communication Right (revised 20 13)

Article 1 These Regulations are formulated in accordance with the Copyright Law of People's Republic of China (PRC) (hereinafter referred to as the Copyright Law) for the purpose of protecting the information network communication rights of copyright owners, performers and producers of audio and video recordings (hereinafter referred to as the right holders) and encouraging the creation and dissemination of works beneficial to the construction of socialist spiritual civilization and material civilization. Article 2 The right of information network dissemination enjoyed by the obligee is protected by the Copyright Law and these Regulations. Unless otherwise provided by laws and administrative regulations, any organization or individual who provides other people's works, performances, audio and video products to the public through information networks shall obtain the permission of the right holder and pay remuneration. Article 3 Works, performances and audio-visual products prohibited by law are not protected by these Regulations.

The obligee shall not violate the Constitution, laws and administrative regulations when exercising the right of information network communication, and shall not harm the public interest. Article 4 In order to protect the right of information network communication, the obligee may take technical measures.

No organization or individual may intentionally evade or destroy technical measures, manufacture, import or provide devices or components mainly used to evade or destroy technical measures to the public, or provide technical services for others to evade or destroy technical measures. However, unless it is stipulated by laws and administrative regulations that it can be avoided. Article 5 Without the permission of the obligee, no organization or individual may engage in the following acts:

(1) Deliberately deleting or changing the electronic information on the rights management of works, performances and audio-visual products provided to the public through the information network, except that the deletion or change cannot be avoided due to technical reasons;

(2) Providing the public with works, performances, audio and video products that have been deleted or changed without the permission of the obligee, knowing or should have known. Article 6. In any of the following circumstances, the copyright owner may not grant permission or pay remuneration to others' works through the information network:

(1) appropriately quoting published works in works provided to the public for the purpose of introducing and commenting on works or explaining problems;

(2) inevitably copying or quoting published works in the works provided to the public in order to report current affairs news;

(three) to provide 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 organs provide published works to the public within a reasonable range for the purpose of performing official duties;

(5) Translating Chinese works published by China citizens, legal persons or other organizations into works written by ethnic minorities and providing them for the use of ethnic minorities in China;

(6) Providing published written works to the blind in a unique way that the blind can perceive, not for profit;

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

(eight) to provide the public with speeches delivered at public meetings. Article 7 Libraries, archives, memorial halls, museums, art galleries, etc. Without the permission of the copyright owner, legally published digital works in his collection and works that need to be reproduced in digital form for display or preservation according to law can be provided to his clients through the information network without paying him remuneration, but he may not directly or indirectly obtain economic benefits. Unless otherwise agreed by the parties.

The works referred to in the preceding paragraph that need to be reproduced in digital form by showing or saving the version 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 cannot be purchased in the market or can only be purchased at a price significantly higher than the standard. Article 8 In order to implement the nine-year compulsory education or the national education plan through the information network, courseware can be made from published works, short stories, musical works or fragments of separate artistic and photographic works without the permission of the copyright owner. Distance education institutions that make courseware or obtain courseware according to law should provide it to registered students through the information network, but they should pay remuneration to the copyright owner. Article 9 For the purpose of poverty alleviation, China citizens, legal persons or other organizations publish works related to poverty alleviation, such as planting and breeding, disease prevention and treatment, disaster prevention and mitigation, and works that meet basic cultural needs. Internet service providers shall announce the works to be provided, the authors and the standards 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 its work; If the copyright owner has no objection within 30 days from the date of announcement, the network service provider may provide his works and pay remuneration to the copyright owner according to the standards of announcement. If the copyright owner refuses to provide the work after the Internet service provider provides it, the Internet service provider shall immediately delete the work of the copyright owner and pay the remuneration to the copyright owner during the period of providing the work according to the published standards.

No work provided in accordance with the provisions of the preceding paragraph may directly or indirectly obtain economic benefits. 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 abide by the following provisions:

(1) It is not allowed to provide the works previously declared by the author, except under the circumstances specified in Items 1 to 6 of Article 6 and Article 7 of these Regulations;

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

(3) to pay remuneration in accordance with the provisions of these regulations;

(4) Take technical measures to prevent others other than the trustor as stipulated in Articles 7, 8 and 9 of these Regulations from obtaining the works of the copyright owner, and to prevent the copying behavior of the trustor as stipulated in Article 7 of these Regulations from causing substantial damage to the interests of the copyright owner;

(five) shall not infringe upon other rights enjoyed by the copyright owner according to law.