Established network in China by the Executive and Legislative Infringement "notice and delete" simple procedure. In the future, the right to believe that the work involved in Web services, performance, audio and video products, violated his right to network dissemination of information or be removed, changed their electronic rights management information, you can submit a written notice to the website, to delete the works, performances, audio and video products, or disconnected with the works, performance, audio and video products link.
The new regulations come into operation on 1 July
The State Council recently passed the "Information Network Transmission Right Protection Ordinance," July 1 will be officially implemented.
Chinese Government's website published the full text of "Regulations", and interviews on some hot issues related to responsible persons of the State Council Legislative Affairs Office.
"Regulations", Information Network Transmission Right, refers to the wired or wireless means to the public a work, performance or audio and video products to the public in his own time and place of access to the selected work performance or the right audio and video products .
"Regulations", except legal, administrative regulations otherwise provided, any organization or individual the work of others, performance, audio and video products to the public at Tongguo information shall obtain the right owner, and pay remuneration. However, to report news, public works to reproduce the inevitable reference to a published work or other 8 cases, may be exploited without permission, without payment of remuneration.
"Ordinance" requirements, without the right owner, any organization or individual shall not intentionally deleting or altering information network available to the public through the works, performances, audio and video products, electronic rights management information; through the information network available to the public knows or should know be removed without permission or right to change the electronic rights management information, works, performances, audio and video products of behavior are also prohibited.
Ordinance Interpretation: network service providers to provide information to the target storage space services, as long as the mark is to provide services, without changing the store's works do not knows or should know of the works stored infringement, did not directly benefit from the infringement, received Notification of the right to immediately remove the infringing works, do not assume liability.
Need to adjust the three relationships
State Council Legislative Affairs Office official said, to the end of June 2005, China had 45.6 million Internet computer station, more than 100 million Internet users who, the Internet has become an important means of access to information. How to adjust the rights holders, Internet service providers and users of works of the relationship between the development of the Internet has become a problem to take them seriously. Development of this "Ordinance" shall deal with the three relations, protecting the rights of the legitimate rights and interests of the potential to play a network communication works to meet the normal requirements of the mass use of the work.
■ Ordinance Interpretation
A temporary copy does not prohibit users
Person in charge of the State Council Legislative Affairs Office, in the "Regulations" in the drafting process, it was suggested that the "regulations" shall provide for the temporary copy. Repeated by the State Council departments concerned are considered to prohibit the temporary copy of the crux is to stop the end-user online use of works, the prohibition of end-user non-commercial use of the work is not feasible; the international prohibition of temporary reproduction is very controversial, on the Internet treaty-making process, including developing countries, including China explicit prohibition against the temporary copy, because all parties locked in, the Internet Treaty did not prohibit temporary copy; and, as enabling legislation, "regulations" should not be on the Copyright Act does not authorize a to provide for the temporary copy. Therefore, the "Regulations" not provided for the temporary copy.
2, four cases the network service provider exemption
State Council Legislative Affairs Office is responsible person for the promotion of the network industry, necessary to reduce the network service provider works through the information network cost and risk. "Regulations" on the network service provider provides four exemptions from liability: first, the network service provider to provide automated access, automatic transmission services, just follow the instructions to provide services to clients, not to transfer the works changes, not to people outside of the provisions of the object transmission works.
Second, the network service providers to improve the efficiency of network transmission automatically store information provided to clients, as long as work does not change the storage does not affect the provision of the work site to monitor the use of the work and, based on the work of the disposal site accordingly disposed of.
Third, to provide information to the target storage space service, as long as the mark is to provide services, without changing the store's work, not knowing or should have known works stored in tort, not directly benefit from the infringement, after receiving notice of the right people immediately remove the infringing works.
Fourth, the network service providers to provide search and link services, the rights of people in receipt of a notice of infringing works to immediately disconnect the link. However, if the infringing work knows or should know, is still linked, should bear the joint liabilities.
3, eight cases without leave is not paid
"Regulations" provides that any organization or individual to other people's works, performances, audio and video products available to the public through information networks, shall obtain the permission of the rights and pay compensation. However, of the following eight kinds of circumstances, can be exploited without permission, without payment of remuneration: the introduction, review of a work or demonstration of a problem in the works to the public appropriate quotation of a published work; as reported current events in the works to the public inevitably reproduce or citation of a published work; to classroom teaching or scientific research, to a small number of teaching and research staff to provide a small amount of published work; state organ for the performance of official duties, in the reasonable within the scope of a published work available to the public; to Chinese citizens, legal persons or other organizations have published, to the Han language works translated into minority language works, to provide ethnic minorities in China; non-profit purposes to blind people can sense a unique way to blind published written works; to provide the public information network has been published on political and economic issues of articles on current affairs; to provide the public at a public assembly speech.
4 to establish a "notice and delete" simple procedure
"Regulations" making reference to international common practice, established to deal with infringement dispute "notice and delete" simple procedure.
Legislative Affairs Office responsible person, violations of the right to dispute information network communication often involve very small amounts, in reality, the lack of resolved through administrative or judicial necessity. To do this the right person that works on the network violated his rights or deleted, the right to change the management of electronic information, may in writing require network service providers to remove the works or broken links with the work; network service provider written notice under the rights of people immediately remove the allegedly infringing works, or disconnect the link with the work, and to convey to clients.
Clients that their work does not infringe upon others to provide the right to submit a written explanation for the restoration, and network service providers to immediately recover the deleted works, you can also restore the link with the work, while the right to tell people; the right not to notify the network of people service provider to remove the work, or disconnect the link with the work.