Regulation on the Protection of the Right to Communicate Works to the Public over Information Networks (2013 Revision)

Regulation on the Protection of the Right to Communicate Works to the Public over Information Networks (2013 Revision) Regulation on the Protection of the Right to Communicate Works to the Public over Information Networks (Issued by Order No. 468 of the State Council of the People's Republic of China on May 18, 2006; amended in accordance with the Decision of the State Council on Amending the Regulation on the Protection of the Right to Communicate Works to the Public over Inforamtion Networks on January 30, 2013) Article 1 This Regulation is formulated, in accordance with the “Copyright Law of the People's Republic of China” (hereinafter referred to as the Copyright Law) for the purpose of protecting the right to communicate works to the public over inforamtion networks for copyright owners, performers, and producers of audio-visual recordings (hereinafter referred to as the owners), and of encouraging the creation and dissemination of works which contribute to the construction of a socialist spiritual and material civilization. Article 2 An owner's right to communicate works to the public over inforamtion networks is protected by the Copyright Law and this Regulation. Except where otherwise provided for in laws or administrative regulations, any organization or person providing to the public the works, performances, or audio-visual recordings of others through information networks shall obtain the permission from, and pay remuneration, to the owners. Article 3 Provision of works, performances, and audio-visual recordings that are prohibited by law shall not be protected by this Regulation. The owner, in exercising the right to communicate works to the public over inforamtion networks, shall not violate the Constitution, laws, or administrative regulations, or infringe upon the interests of the public. Article 4 For the purpose of protecting the right to communicate works to the public over inforamtion networks, the owner can take technical measures. No organization or person shall intentionally avoid or destroy the technical measures, shall intentionally manufacture, import, or provide the public with devices or components mainly used to avoid or destroy the technical measures, and shall intentionally provide technical services to others to avoid or destroy the technical measures, unless it is provided for by any law or administrative regulation that the technical measures may be avoided. Article 5 Without the permission of the owner, no organization or person shall perform the following acts: 1. Intentionally deleting or altering the electronic information on the management right of the works, performances, or audio-visual recordings as provided to the public through the information network. However, this does not apply to that which cannot avoid being deleted or altered due to technical reasons; 2. Providing the public through the information network with works, performances, or audio-visual recordings while knowing or should have known that the works, performances, or audio-visual recordings have been deleted or altered without the permission of the owner. Article 6 Anyone who provides others' works through the information network shall not have to obtain permission from, or pay remuneration to, the copyright owner under the following circumstances: 1. When an appropriate quotation from a published work is provided to the public for the purposes of introducing or commenting on any work or for elaborating on any issue; 2. When it is inevitable that a published work must be cited to the public for the purpose of reporting a new event; 3. When a small quantity of a published work is provided for teaching or scientific research purposes to those engaged in teaching or scientific research; 4. When a state organ uses a published work within a reasonable scope for the purpose of fulfilling its official duties; 5. When a Chinese citizen, legal entity, or other organization translates a work written in Chinese into a minority language so as to provide it to the minorities within the country; 6. When a published written work, without the purpose of seeking a profit, is provided to the blind in a manner that they can perceive it; 7. When any published article on current political or economic events is provided through the information network; and 8. When a speech delivered at a public assembly is provided to the public. Article 7 A library, archive, memorial hall, museum, art gallery, etc. can provide relevant digital works that have been legally published and preserved by the institution to their service objects and can legally reproduce a work in digital form for the purpose of displaying or preserving a copy of an edition, without the permission from, or paying remuneration to, the copyright owner, but shall not directly or indirectly obtain any economic benefits, except when stipulated by the owner. Work reproduced in digital form for the purpose of displaying or preserving as prescribed in the former clause shall be a work that has been destroyed or close to destroyed, lost, or stolen, or whose storage mode is outdated, and cannot be bought on the market or can only be bought at an obviously higher price than that appearing on the label. Article 8 Anyone who makes classroom software for the purpose of implementing the nine-year compulsory education or state education planning may, without the permission of the copyright owner, use published fragments of works or short written works, musical works, or a single works of fine art and photographic works, to provide to registered students in long-distance educational institutions that have made or legally obtained the classroom software and for which remuneration has been paid to the copyright owner. Article 9 Before providing to the public in the rural areas free of charge published works by Chinese citizens, legal entities, or other organizations related to assisting the poor on planting and breeding, disease prevention and treatment, and disaster prevention and mitigation, and works meeting the fundamental cultural demands of the poor, the network service provider shall announce the works to be provided, the names of the authors, and the standards of remuneration. Within 30 days of the announcement, if the owners do not agree to provide the works, the network service provider shall not provide the works; after 30 days, the network service provider may provide works whose copyright owners have not responded, and shall pay remuneration to the copyright owners according to the announced standards. If after ......