Measures on Administrative Protection of Internet Copyright
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(Jointly released by the National Copyright Administration of China and the Ministry of Information Industry on April 30, 2005)
Article 1. These Measures are enacted in accordance with the Copyright Law of the People's Republic of China as well as the relevant laws and regulations to strengthen the administrative protection of the right to communicate through information networks in Internet information services.
Article 2. These Measures apply to the acts of automatically providing such services as uploading, storing, and linking and searching works as well as sound recordings, video recordings, and other contents through the Internet in Internet information services according to the instructions of an Internet content provider without any editing, amending, or selecting of stored or transmitted content.
The Copyright Law will apply to the direct provision of Internet content in Internet information services.
The term of "Internet Content Provider" under these Measures refers to an Internet user who distributes relevant content on the Internet.
Article 3. The copyright administrations at all levels shall provide administrative protection of the right to communicate on the information network in the Internet information services, in accordance with the laws, regulations, and these Measures.
Article 4. The copyright administrations shall impose administrative penalties for acts infringing on the right to communicate on the information network in the Internet information services, in accordance with the Measures on the Implementation of Administrative Penalties for Copyright Infringement.
The infringement of the right to communicate on the information network in the Internet information services shall be subject to the jurisdiction of the copyright administration at the place of the infringement. The place of the infringement includes the place of the equipment, such as the servers, for the service activities listed in Article 2.
Article 5. Informed by the copyright owners through the Internet Information Service Providers themselves or by their commissioned agents (hereinafter referred to as "Internet Information Service Providers") of infringing content transmitted on the Internet, the Internet Access Service Providers shall take measures to remove the relevant content immediately and keep the copyright owner's notice for six months.
Article 6. Upon receipt of the notice by the copyright owners, the Internet Information Service Providers shall record the access time, user account number, Internet address or domain name, principal phone number, and other information.
The record in the preceding paragraph shall be kept for sixty days and shall be available for inquiries from copyright administrations.
Article 7 In the case of the removal of alleged infringing content by Internet Information Service Providers, the Internet Content Providers may issue a counter-notice to the Internet Information Service Providers as well as the copyright owners claiming the legality of the removed content. After the issuance of such a notice, the Internet Information Service Providers may resume communication of the removed information free of any administrative liabilities.
Article 8 The notice from the copyright owners shall include:
(1) Copyright certificate for the alleged infringing content;
(2) Clear identification certificate, address, and contact information;
(3) The whereabouts of the alleged infringing content on the information network;
(4) Relevant proof of copyright infringement and;
(5) Statement of the authenticity of the notice.
Article 9 The counter-notice by the Internet Content Providers shall include:
(1) Clear identification certificate, address, and contact information;
(2) Proof of legality of the removed content;
(3) The whereabouts of the alleged infringing content on the Internet and;
(4) Statement of the authenticity of the counter-notice.
Article 10 The notice by the copyright owners and the counter-notice by the Internet Content Providers shall be in written form.
The issuance of the notice by the copyright owners and the counter-notice by the Internet Content Providers shall be deemed not having been sent, if the prescribed contents of Article 8 and Article 9 are not present.
Article 11 In the case that Internet Information Service Providers are aware of the copyright infringement activities by the Internet Content Providers, or fail to take measures to remove the infringing content after receipt of the copyright owner's notice at the cost of the public interest, the copyright administration can order the cessation of the infringement according to Article 47 of the Copyright Law of the People's Republic of China and impose administrative punishment as follows:
(1) Seizure of illegal earnings;
(2) Imposition of a fine of less than three times the amount of illegal operations; or less than RMB100,000 if the amount of the illegal operations is difficult to calculate.
Article 12 Administrative liabilities cannot be imposed without proof demonstrating that the Internet Information Service Providers are aware of the copyright infringement activities, or fail to take measures to remove the infringing content after receiving notice from the copyright owners
Article 13 When dealing with activities infringing on the right to communicate on the Internet in Internet information services, the copyright administrations may ask the copyright owners to present necessary materials, notice to the Internet Information Service Providers, and proof demonstrating the failure of the latter to take measures to remove the relevant content, according to the provision of Article 12 of the Measures on Implementation of Administrative Copyright Penalties.
Article 14 In the case that the Internet Information Service Providers conducted the activities listed in Article 11 under these Measures and were found to be specially engaging in piracy or subject to other serious problems, the Information Industry Administration under the State Council or the telecommunications administration of the province, autonomous region, and municipality under the direct control of the central government shall deal with them according to the relevant laws and administrative regulations. Internet Access Providers shall cooperate with implementing the relevant penalties, according to the notice issued by the Information Industry Administration or the telecommunications administration of the province, autonomous region, and municipality under the direct control of the central government.
Article 15 In the case of the failure by the Internet Information Service Providers to perform the duties prescribed in Article 6 under these Measures, a warning may be issued by the Information Industry Administration or the telecommunications administration of the province, autonomous region, and municipality under the direct control of the central government, in addition to a fine of less than RMB 30,000.
Article 16 When Internet Information Service Providers are found to have committed crimes during the investigations of activities infringing on the right to communicate on the Internet in Internet information services, the copyright administrations may transfer the case to the judiciary for distribution of criminal penalties, according to the Regulations on the Transfer of Cases Involving Crimes by Administrative Organizations promulgated by the State Council.
Article 17 These Measures shall apply to the administrative protection of public distribution of performances or producers of sound as well as video recordings through the Internet by the corresponding performers, producers, and other copyright-related right holders.
Article 18 These Measures shall be interpreted by the National Copyright Administration and the Ministry of Information Industry.
Article 19 The Measures shall come into effect as of May 30, 2005.
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