Article 14 With respect to a network service provider that provides information memory space, or searching
or linking services, if the owner believes that any of the works, performance or audio-visual products
involved in the services has infringed upon his/her rights to information network communication or his/her
electronic information on right administration has been deleted or changed, he/she may file a written notice
with the network service provider, requesting it to delete his/her works, performance or audio-visual
products or to cut off the links to the works, performance or audio-visual products. The following contents
shall be included in the notice:
1. Name, contact information and address of the owner;
2. The names of the infringed works, performance and audio-visual products that are required to be deleted
or the web sites whose links are required to be cut off; and
3. The preliminary certification materials on infringement.
The owner shall be responsible for the authenticity of his/her notice.
Article 15 After receiving a notice from the owner, the network service provider shall immediately delete the
works, performance or audio-visual products that are suspected of infringement, or cut off the links to the
relevant works, performance or audio-visual products that are suspected of infringement and shall
simultaneously forward the notice to the service objects that receive the relevant works, performance or
audio-visual products. Where the web site of a service object is not clear and therefore it is impossible to
forward the notice, the contents of the notice shall be simultaneously announced on the information
network.
Article 16 Where a service object receives a notice forwarded by a network service provider and deems that
the works, performance or audio-visual products it provides have not infringed upon any other person's
right, it may file a written statement with the network service provider, requesting it to recover the deleted
works, performance or audio-visual products, or recover the links to the relevant works, performance or
audio-visual products. The following contents shall be included in the written statement:
1. Name (title), contact information and address of the service object;
2. The names of the works, performance or audio-visual products and the web sites that are requested for
recovery; and
3. The preliminary certification materials on non-infringement.
The service object shall be responsible for the authenticity of the written statement.
Article 17 After receiving a written statement from a service object, the network service provider shall
immediately recover the deleted works, performance or audio-visual products, or recover the links to the
relevant works, performance or audio-visual products and shall simultaneously transfer the statement of the
service object to the relevant owner. The owner shall not notify the network service provider to delete the
works, performance or audio-visual products, or cut off the links to the relevant works, performance or
audio-visual products any more.
Article 18 Where anyone violates these Regulations, which involves any of the following infringements,
he/she shall, based on actual situation, assume civil liabilities such as stopping the infringement, eliminating
negative impacts, making an apology and compensating for the losses incurred, etc. Where the public
interests are damaged at the same time, the copyright administrative departments may order it to stop the
infringement, confiscate its illegal gains and where the illegal turnover is more than CNY50,000, a fine not
less than once and not more than five times of the illegal turnover may be imposed; where there is no illegal
turnover or any illegal turnover not more than CNY50,000, a fine not more than CNY250,000 may be
imposed according to the seriousness of the case. In case of any serious circumstances, the copyright
administrative departments may confiscate equipments such as computers, etc. that are mainly used for
network services. Where a crime is constituted, the criminal liabilities shall be investigated pursuant to law:
1. Providing without permission any work, performance or audio-visual product to the general public through
4
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات