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The Regulations on the Protection of the Right to Information Network Dissemination are regulations formulated in accordance with the Copyright Law of the People's Republic of China to protect the right to information network dissemination of copyright owners, performers, producers of sound recordings and video recordings, and to encourage the creation and dissemination of works conducive to the construction of socialist spiritual and material civilization.
On May 18, 2006, Decree No. 468 of The State Council of the People's Republic of China promulgated the Regulations on the Protection of the Right of Information Network Dissemination
It came into force on July 1, 2006.
[1]
Decree No. 634 of The State Council of the People's Republic of China on January 30, 2013
Decision of The State Council on amending the Regulations on the Protection of the Right of Information Network Dissemination
The revised Regulations on the Protection of the Right of Information Network Dissemination shall come into force on March 1, 2013.
[1]
- Chinese name
- Regulations on the protection of the right of information network Transmission
- Promulgation time
- 18 May 2006
- Implementation time
- July 1, 2006
- Publishing unit
- State Council, People's Republic of China
- Latest version
- 30 January 2013 (Revised)
Signed by Premier Wen Jiabao of The State Council on May 18, 2006
Decree of The State Council of the People's Republic of China (No.468)
. The Regulations on the Protection of the Right of Information Network Transmission, adopted at the 135th Executive Meeting of The State Council on May 10, 2006, are hereby promulgated and shall come into force as of July 1, 2006.
[2]
Signed by Premier Wen Jiabao of The State Council on 30 January 2013
Decree of The State Council of the People's Republic of China (No.634)
. The Decision of The State Council on Amending the Regulations on the Protection of the Right of Information Network Transmission, adopted at the 231st Executive Meeting of The State Council on January 16, 2013, is hereby promulgated and shall come into force as of March 1, 2013.
[1]
Regulations on the protection of the right of information network Transmission
(Promulgated by Decree No. 468 of The State Council of the People's Republic of China on May 18, 2006, and amended in accordance with the Decision of The State Council on Amending the Regulations on the Protection of the Right of Information Network Dissemination on January 30, 2013)
Article one
These Regulations are formulated in accordance with the Copyright Law of the People's Republic of China (hereinafter referred to as the Copyright Law) in order to protect the right of copyright owners, performers, producers of sound recordings and video recordings (hereinafter referred to as the right holders) to disseminate information through the Internet and to encourage the creation and dissemination of works conducive to the construction of socialist spiritual and material civilization.
Article 2
The right of information network dissemination enjoyed by the right holder is protected by the Copyright Law and these Regulations. Unless otherwise provided for by laws or administrative regulations, any organization or individual that provides to the public through an information network the works, performances, sound recordings and video recordings of others shall obtain permission from, and pay remuneration to, the right holders.
Article 3
Works, performances, audio and video recordings prohibited by law shall not be protected by these Regulations.
When exercising the right of information network dissemination, the right holder shall not violate the Constitution, laws, administrative regulations, or harm the public interest.
Article 4
In order to protect the right of information network transmission, the right holder may take technical measures.
No organization or individual may intentionally circumvent or destroy the technical measures; no organization or individual may intentionally manufacture, import or provide to the public devices or components mainly used to circumvent or destroy the technical measures; and no organization or individual may intentionally provide technical services for others to circumvent or destroy the technical measures. However, laws and administrative regulations can be avoided except.
Article 5
Without the permission of the right holder, no organization or individual may engage in the following acts:
(1) Deliberately deleting or altering the electronic information on the rights management of works, performances, sound recordings and video products provided to the public through information networks, except where deletion or alteration is unavoidable due to technical reasons;
(2) Providing to the public through the information network works, performances, audio and video recordings that it knows or should know have been deleted or changed without the permission of the right holder.
Article 6
Where a work of another person is provided through an information network, under the following circumstances, the copyright owner may not be asked for permission or paid remuneration to the copyright owner:
(1) appropriately quoting a published work in a work made available to the public for the purpose of introducing or commenting on a work or illustrating a problem;
(2) unavoidably reproducing or quoting a published work in a work made available to the public for the purpose of reporting current events;
(3) providing a small number of published works to a small number of teaching and research personnel for the purpose of classroom teaching or scientific research;
(4) A state organ, for the purpose of performing its official duties, makes a published work available to the public within a reasonable range;
(5) To translate into ethnic minority languages works published by Chinese citizens, legal persons or other organizations and created in the Chinese language, and to provide to ethnic minorities in China;
(6) Making a published written work available to a blind person, not for profit, in a unique way that blind people can perceive;
(7) To provide the public with current articles on political and economic issues that have been published on the information network;
(8) Make available to the public speeches delivered at public meetings.
Article 7
Libraries, archives, memorial halls, museums, art galleries, etc., may, without the permission of the copyright owner, provide, through information networks, the legally published digital works collected by the library and the works reproduced in digital form for the display or preservation of editions in accordance with the law to the service objects of the library premises, without paying remuneration to them, provided that they may not directly or indirectly obtain economic benefits. Except as otherwise agreed by the parties.
The works referred to in the preceding paragraph that need to be reproduced in digital form for display or preservation 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 which cannot be purchased on the market or can only be purchased at a price significantly higher than the marked one.
Article VIII
In order to implement the nine-year compulsory education or the national education plan through the information network, it may, without the permission of the copyright owner, use fragments of published works, short literary works, musical works, single works of art or photographic works to make courseware, which shall be provided to registered students through the information network by the distance education institutions that make courseware or obtain courseware according to law. However, remuneration shall be paid to the copyright owner.
The ninth article
In order to help poverty, to provide to the public in rural areas free of charge through the information network works published by Chinese citizens, legal persons or other organizations related to poverty alleviation, such as planting and breeding, disease prevention and treatment, disaster prevention and reduction, and works adapted to basic cultural needs, network service providers shall announce the works to be provided, their authors, and the standards of remuneration to be paid before the provision. 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 the copyright owner has no objection at the end of 30 days from the date of the announcement, the network service provider may provide the work and pay remuneration to the copyright owner in accordance with the standards of the announcement. After the network service provider provides the work of the copyright owner, if the copyright owner does not agree to provide the work, the network service provider shall immediately delete the work of the copyright owner and pay the remuneration for the period of providing the work to the copyright owner in accordance with the standards announced.
Whoever provides a work in accordance with the provisions of the preceding paragraph shall not directly or indirectly obtain economic benefits.
Article ten
In accordance with the provisions of these Regulations, those who provide their works to the public through information networks without the permission of copyright owners shall also comply with the following provisions:
(1) Except for the circumstances provided for in subparagraphs 1 to 6 and 7 of Article 6 of these Regulations, no work shall be provided that the author has declared in advance that it is not allowed to be provided;
(2) Specify the title of the work and the name (name) of the author;
(3) Pay remuneration in accordance with the provisions of these Regulations;
(4) To take technical measures to prevent others other than the service objects specified in Article 7, 8 and 9 of these Regulations from obtaining the works of the copyright owner, and to prevent the reproduction of the service objects specified in Article 7 of these Regulations from causing substantial damage to the interests of the copyright owner;
(5) Other rights enjoyed by the copyright owner according to law shall not be infringed.
Article 11
Those who provide performances, audio and video recordings of others through information networks shall comply with the provisions of Articles 6 to 10 of these Regulations.
Article 12
Under any of the following circumstances, a person may avoid the technical measures, but may not provide another person with the technology, device or part that avoids the technical measures, and may not infringe other rights enjoyed by the right holder according to law:
(1) providing published works, performances, sound recordings and video recordings to a small number of teaching and research personnel through information networks for the purpose of classroom teaching or scientific research, and such works, performances, sound recordings and video recordings can only be obtained through information networks;
(2) making a published written work available to a blind person, not for profit, through an information network in a unique way that a blind person can perceive, and the work can only be accessed through an information network;
(3) State organs perform their functions in accordance with administrative and judicial procedures;
(4) Testing the security performance of computers and their systems or networks on the information network.
Article 13
In order to investigate and punish the infringement of the right of information transmission through the network, the copyright administrative department may require the network service provider to provide the name (name), contact information, network address and other information of the service object suspected of infringement.
Article 14
With respect to network service providers that provide information storage space or provide search and link services, where the right holder considers that the works, performances, audio and video recordings involved in the service infringe upon his right to network communication or have his rights deleted or changed to manage electronic information, he may submit a written notice to the network service provider. Require the network service provider to delete the work, performance, sound recording or video recording, or disconnect the link with the work, performance, sound recording or video recording. The notice shall contain the following:
(1) the name, contact information and address of the right holder;
(2) The name and network address of the infringing work, performance, sound recording or video recording whose link is required to be deleted or disconnected;
(3) preliminary certification materials constituting infringement.
The right holder shall be responsible for the authenticity of the notice.
Article 15
After receiving the notice from the right holder, the network service provider shall immediately delete the suspected infringing work, performance, sound recording and video recording, or disconnect the link with the suspected infringing work, performance, sound recording and video recording, and at the same time transmit the notice to the service object providing the work, performance, sound recording and video recording; Where the network address of the service object is unknown and cannot be transferred, 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 may submit a written explanation to the network service provider requesting the restoration of the deleted work, performance, sound recording and video recording, or the restoration of the link with the disconnected work, performance, sound recording and video recording, if it considers that the work, performance, sound recording and video recording provided by it does not violate the rights of others. The written explanation shall contain the following:
(A) the service object's name (name), contact information and address;
(2) the name and network address of the work, performance, sound recording or video recording product for which recovery is requested;
(3) preliminary certification materials that do not constitute infringement.
The client shall be responsible for the authenticity of the written statement.
Article 17
After receiving the written explanation of the service object, the network service provider shall immediately restore the deleted work, performance, sound recording and video recording, or may restore the link with the disconnected work, performance, sound recording and video recording, and at the same time transmit the written explanation of the service object to the right holder. The right holder shall not notify the network service provider to delete the work, performance, sound recording or video recording, or disconnect the link with the work, performance, sound recording or video recording.
Article 18
Those who, in violation of the provisions of these Regulations, commit any of the following torts shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the impact, offering an apology, and compensating for losses; If, at the same time, the public interests are harmed, the copyright administration department may order him to stop the infringing act and confiscate the illegal gains; if the amount of illegal business is more than 50,000 yuan, he may be fined an amount between one and five times the amount of illegal business; If there is no illegal business or the amount of illegal business is not more than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed according to the seriousness of the circumstances; If the circumstances are serious, the copyright administration department may confiscate the computers and other equipment mainly used for providing network services; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) providing others' works, performances, sound and video recordings to the public through information networks without authorization;
(2) deliberately avoiding or sabotaging the technical measures;
(3) Intentionally deleting or changing the electronic information on rights management of a work, performance, sound recording and video recording provided to the public through an information network, or providing the public with a work, performance, sound recording and video recording that it knows or should know has been deleted or changed without the permission of the right holder;
(4) providing a work, performance, sound recording or video recording to rural areas through information networks for the purpose of helping poverty exceeds the prescribed scope, or fails to pay remuneration in accordance with the announced standards, or fails to delete the work, performance, sound recording or video recording immediately after the right holder disagrees with the provision;
(5) providing a work, performance, sound recording or video recording of another person through an information network, failing to specify the name of the work, performance, sound recording or video recording or the name of the author, performer, sound recording or video recording producer, or failing to pay remuneration; Or failing to take technical measures in accordance with the provisions of these Regulations to prevent others other than the object of service from obtaining the works, performances, sound recordings and video products of others, or failing to prevent the reproduction of the object of service from causing substantial damage to the interests of the right holder.
Article 19
For those who, in violation of the provisions of these Regulations, have committed any of the following acts, the copyright administration department shall give them a warning, confiscate their illegal gains, and confiscate the devices or components mainly used to evade or destroy technical measures; If the circumstances are serious, computers and other equipment mainly used to provide network services may be confiscated; If the amount of illegal business is more than 50,000 yuan, a fine of not less than one time but not more than five times the amount of illegal business may be imposed; If there is no illegal business or the amount of illegal business is not more than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed according to the seriousness of the circumstances; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Intentionally manufacturing, importing or providing to others devices or components mainly used to evade or destroy the technical measures, or intentionally providing technical services for others to evade or destroy the technical measures;
(2) Obtaining economic benefits by providing others' works, performances, audio and video recordings through information networks;
(3) failing to announce the title of the work, performance, sound recording and video recording, the name of the author, performer, sound recording and video recording producer and the standard of remuneration before providing the work, performance, sound recording and video recording to rural areas through information networks for the purpose of helping poverty.
Article 20
Where the network service provider provides automatic network access services according to the instructions of the service object, or provides automatic transmission services for the works, performances, audio and video recordings provided by the service object, and meets the following conditions, it shall not be liable for compensation:
(1) does not select and does not change the transmitted works, performances, sound recordings and video products;
(2) Provide the work, performance, sound recording and video recording to the designated service objects, and prevent others other than the designated service objects from obtaining it.
Article 21
Network service providers, in order to improve the efficiency of network transmission, automatically store works, performances, audio and video recordings obtained from other network service providers, and automatically provide them to service objects according to technical arrangements, and meet the following conditions, shall not be liable for compensation:
(1) Works, performances, sound recordings and video recordings that are not automatically stored;
(2) shall not affect the original network service providers who provide works, performances, sound recordings and video recordings to know the situation of the service objects to obtain the works, performances, sound recordings and video recordings;
(3) When the original network service provider revises, deletes or blocks the work, performance, sound recording or video recording, it shall automatically modify, delete or block it according to the technical arrangement.
Article 22
Network service providers provide information storage space for service objects to provide works, performances, audio and video recordings to the public through information networks, and meet the following conditions, shall not be liable for compensation:
(1) Clearly indicate that the information storage space is provided for the service object, and disclose the name, contact person, and network address of the network service provider;
(2) does not change the works, performances, audio and video recordings provided by the service object;
(3) not knowing or having reasonable reason to know that the works, performances, audio and video recordings provided by the service object infringe upon copyright;
(4) does not directly obtain economic benefits from the works, performances, audio and video recordings provided by the service object;
(5) After receiving the notice from the right holder, delete, in accordance with the provisions of these Regulations, the works, performances, audio and video recordings that the right holder considers infringing.
Article 23
Where an Internet service provider provides search or link services for service objects and, after receiving the notice from the right holder, disconnects the link with the infringing work, performance, sound recording or video recording in accordance with the provisions of these Regulations, it shall not be liable for compensation; However, those who know or should know that the linked works, performances, sound recordings and video recordings are infringing shall bear joint liability for infringement.
Article 24
Where, due to the notice of the right holder, the network service provider mistakenly deletes the work, performance, sound recording and video recording, or mistakenly disconnects the link with the work, performance, sound recording and video recording, thereby causing losses to the service object, the right holder shall be liable for compensation.
Article 25
Where the network service provider refuses to provide or delays to provide the name (name), contact information, network address and other materials of the service object suspected of infringement without proper reasons, the copyright administration department shall give a warning; If the circumstances are serious, computers and other equipment mainly used to provide network services shall be confiscated.
Article 26
The meaning of the following terms in these Regulations:
The right to information network dissemination means the right to make a work, performance or sound recording and video recording available to the public by wired or wireless means, so that the public can obtain the work, performance or sound recording and video recording at a time and place of their own choice.
Technical measures refer to effective technologies, devices or components used to prevent or restrict the viewing and appreciation of a work, performance, sound recording or video recording without the permission of the right holder, or to make a work, performance, sound recording or video recording available to the public through information networks.
Electronic information for the administration of rights refers to information describing works and their authors, performances and performers, sound recordings and video recordings and their producers, information about the owners of the rights of works, performances, sound recordings and video recordings and the conditions of use, as well as numbers or codes representing the above information.
Article 27
These Regulations shall come into force as of July 1, 2006.
[1]
In May 2006, the head of the Legislative Affairs Office of The State Council answered questions on the Regulations on the Protection of the Right to Disseminate Information on the Internet
q
China's copyright law has already provided principles for the protection of information network transmission right, why do we need to make a separate administrative regulation on this right of the right holder?
a
The Internet has developed rapidly in our country in recent years. By the end of June 2005, there were 45.6 million computers and more than 100 million Internet users in China. The Internet has become an important way to obtain information. With the rapid development of network technology, it is becoming more and more common to disseminate works, performances, audio and video products (hereinafter referred to as works) of right holders through information networks. How to adjust the relationship between rights holders, network service providers and users of works has become a problem that must be solved seriously in the development of the Internet. In December 1996, the World Intellectual Property Organization adopted the Copyright Treaty and the Performances and Phonograms Treaty (hereinafter referred to as the Internet Treaty), which give rights holders the right to make works available to the public by wired or wireless means, so that the public can obtain the work at a time and place of their own choosing. China's copyright law defines this right as the right of information network transmission, and requires The State Council to formulate specific protection measures. The Regulations are based on the authorization of the Copyright Law.
q
Would you please brief us on the general thinking behind the formulation of the Regulations?
a
In view of the characteristics of the network environment, summarizing China's practical experience in protecting the right to network transmission of information, and learning from foreign practices that are suitable for China's national conditions, we have grasped the following points in the overall thinking when formulating the Regulations: First, it is consistent with the provisions of the Internet treaty and cannot be lower than its minimum requirements. Second, it is conducive to innovation and gives full play to the potential of network communication works; It is conducive to meeting the people's requirements for the use of works, and maintaining the balance of interests among right holders, network service providers and users of works. Third, in view of the fact that copyright protection in the network environment is a new issue, countries still have different understandings, and some issues that are not understood clearly are either not stipulated or are briefly stipulated.
q
: The protection of the right of information network transmission is complicated, involving both legal and technical issues. What are the main problems you encountered in formulating the Ordinance?
a
How to balance the interests of rights holders, network service providers and users of works is a common problem faced by all countries in the world when developing systems to protect the right of information transmission through networks. We also encountered this problem when formulating the Ordinance. Correctly dealing with the relationship between the three, we should protect the legitimate rights and interests of the right holders, give full play to the potential of the network communication works, and meet the normal requirements of the people to use the works. Therefore, we make a comparative study on the copyright protection systems of different countries in the network environment. Soliciting opinions from various parties, including all kinds of rights holder organizations, public welfare organizations, publishing houses, various types of Internet service providers, and experts and scholars; Hold expert demonstration meetings for many times; To some units field research; Study abroad; The World Intellectual Property Organization (WIPO) and some foreign experts were consulted. The Regulations involve many network technology issues and are highly professional. To this end, we specifically consulted some network experts, and together with them to discuss and revise the draft. On this basis, the Regulations have absorbed the opinions of all parties as far as possible, and have made provisions on the protection of rights, the limitation of rights and the exemption of liability of Internet service providers, so as to achieve a balance of interests of all parties.
However, there are also some views which, after careful consideration, we consider not feasible at present and have not adopted them. It was suggested that the Regulations should provide for temporary copying. After repeated research with relevant departments of The State Council, we believe that the crux of banning temporary copying is to prevent end users from using works online, and it is not feasible to prohibit end users from using works for non-business purposes; In the process of making the Internet treaty, some developing countries, including our country, clearly oppose the prohibition of temporary copying. Due to the disputes among all parties, the Internet treaty does not stipulate the prohibition of temporary copying. Moreover, as enabling legislation, it is not appropriate for the Regulations to provide for temporary copying not authorized by the Copyright Law. Therefore, the Ordinance does not provide for temporary copying.
It has also been suggested that libraries should be required to provide legal permission for works to readers outside the library through information networks, that is, to pay remuneration to copyright owners without permission. Discussions on this issue accompanied the whole process of the formulation of the Regulations. If a work is published, the library can immediately make it available to readers outside the library through the information network, which will undoubtedly discourage publishers from publishing new books. It has been considered that the library can provide the new book to the readers outside the library through the information network after a certain number of years of publication, but this is not good for the publishing house to publish the best seller; It is also considered that the library can provide out-of-stock works to readers outside the library through the information network, but the practice has proved that out-of-stock books are more difficult than obtaining permission from the right holder. At the same time, considering that the publishing industry has begun to implement the practice of "the number of copies" of the parties to agree on the right of information network transmission, and the use of works without copyright is not restricted, the library needs statutory permission to provide works to readers outside the library through the information network, which involves limited works; The Regulations have stipulated that the library can provide works to the readers in the library through the information network without the permission or payment of remuneration to the right holders, which has solved the problem of the public obtaining works through the library to a large extent. Moreover, there is too much controversy about the legal permission of the library to provide works to readers outside the library through the information network, which is not stipulated in the Regulations.
q
To build an innovation-oriented country, we must encourage innovation. What provisions are made in the Regulations on the protection of the rights and interests of the right holders?
a
According to the characteristics of the right to information network communication, the Regulations mainly provide protection measures from the following aspects: First, to protect the right to information network communication. Unless otherwise provided for by laws and administrative regulations, the right holders' works provided to the public through information networks shall obtain permission from, and pay remuneration to, the right holders. The second is to protect the technical measures taken to protect the right holder's right to disseminate information on the Internet. The Regulations prohibit not only the act of deliberately circumventing or sabotaging technical measures, but also the act of manufacturing, importing or providing to the public devices or components mainly used for circumventing or sabotaging technical measures or providing technical services for others to circumvent or sabotage technical measures. The third is to protect the rights management electronic information used to explain the ownership of the rights of the work or the conditions of use. The Regulations prohibit not only the intentional deletion or alteration of the electronic information of rights management, but also the provision of works that know or should know that the electronic information of rights management has been deleted or altered without the permission of the right holder. The fourth is to establish a simple "notice and deletion" procedure for dealing with infringement disputes.
q
: Can you elaborate on the purpose and operation of the "notification and removal" simple procedure?
a
: Disputes concerning the violation of the right to information network communication often involve a small amount of money, and there is no need to resolve them through administrative or judicial procedures in reality. To this end, the Regulations refer to international practices and establish a simple procedure for dealing with infringement disputes: if a right holder believes that a work on the Internet infringes his rights or deletes or changes the electronic information of rights management, he can ask the Internet service provider in writing to delete the work or disconnect the link with the work; The network service provider shall, upon the written notice of the right holder, immediately delete the suspected infringing work or disconnect the link with the work, and inform the service object; If the object of the service considers that the work provided by it does not violate the rights of others and submits a written explanation requesting restoration, the network service provider shall immediately restore the deleted work, and may also restore the link with the work and inform the right holder at the same time; The right holder shall no longer notify the network service provider to delete the work or disconnect the link from the work. In addition, in accordance with the principle of reciprocity of rights and obligations, the Regulations also provide that if the right holder abuses the notice and causes losses to the service object, the right holder shall bear the liability for compensation.
q
In order to meet the public welfare undertakings and the people's demand for knowledge, what restrictions do the Regulations impose on the right holders' right to disseminate information through the Internet?
a
The Regulations, based on the relevant provisions of the Copyright Law, reasonably restricts the right to the transmission of information through the Internet under the premise that it is no less than the minimum requirements of relevant international conventions. First, rational use. Combining with the characteristics of the network environment, the Regulations reasonably extend the fair use conditions stipulated in the Copyright Law to the network environment, providing that the works of the right holders can be provided through the information network for the purposes of classroom teaching, state organs performing official duties, etc., without the permission of the right holders and without paying remuneration to them. In addition, considering that China's libraries, archives and other institutions have purchased a number of digital works, some damaged, lost or storage formats have been legally digitized, in order to use the information network to play the role of these digital works, the Regulations also provide that libraries, archives and other institutions can provide these works to the service objects in the library through the information network. The second is statutory permission. In order to develop social welfare undertakings, the Regulations, combined with the reality of our country, provide for two kinds of legal licenses: first, legal licenses for the development of education. In order to implement the nine-year compulsory education or the national education plan through the information network, it is possible to make courseware using fragments of the works of the right holder, or short written works, musical works, or single works of art or photography, which shall be provided by the statutory educational institutions to registered students through the information network, provided that remuneration shall be paid. Second, statutory permission to support poverty. In order to help poverty, through the information network to the public in rural areas free of charge, Chinese citizens, legal persons or other organizations have published works related to poverty alleviation and works to meet the basic cultural needs, network service providers may consult the right holders by way of announcement, and pay remuneration, but may not directly or indirectly obtain economic benefits. The provisions of the Regulations on the restriction of the right to disseminate information through the Internet fully comply with the relevant requirements of the Internet Convention.
q
: As an intermediate link in the dissemination of works, what are the provisions on the legal liability of Internet service providers?
a
Network service providers, including network information service providers and network access service providers, are the bridge between rights holders and users of works. In order to promote the development of Internet industry, it is necessary to reduce the cost and risk of Internet service providers to provide works through information networks. Moreover, Internet service providers often do not have subjective fault for providing infringing works to service objects. To this end, the Regulations, drawing on the effective practice of some countries, provide four types of exemption from liability for the provision of services by Internet service providers: First, if the network service provider provides automatic access services and automatic transmission services, as long as it provides services in accordance with the instructions of the service object, does not modify the transmitted works, does not transmit the works to people other than the specified objects, and does not bear the liability for compensation. Second, in order to improve the efficiency of network transmission, the network service provider automatically stores information and provides it to the service object, as long as it does not change the stored work, does not affect the monitoring of the use of the work by the website providing the work, and makes corresponding disposal according to the disposal of the work by the website, it does not bear the liability for compensation. Third, if the network service provider provides information storage space services to the service object, as long as it indicates that it is providing services, does not change the stored work, does not know or should know that the stored work infringes, does not directly obtain benefits from the infringement act, and deletes the infringing work immediately after receiving the notice of the right holder, it shall not be liable for compensation. Fourth, if the network service provider provides search and link services, it shall immediately disconnect the link with the infringing work after receiving the notice from the right holder and shall not be liable for compensation. However, if you know or should know that the infringement of the work is still linked, shall bear joint infringement liability.
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