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Regulations on Protection of Information Network Transmission Right (2013)

信息网络传播权保护条例

Type of laws Administrative regulation

Issuing body China's State Council

Promulgating date Jan 30, 2013

Effective date Mar 01, 2013

Validity status Valid

Scope of application Nationwide

Topic(s) Intellectual Property

Editor(s) Lin Haibin 林海斌 Xinzhu Li 李欣烛

The Regulations on Protection of Information Network Transmission Right were promulgated in 2006, and amended in 2012. The latest revision entered into force on 1 Mar. 2013.

There are 27 articles in total. The Regulations, formulated according to the PRC Copyright Law, aim to protect the right of copyright owners, performers and producers of audio and video recordings (hereinafter collectively referred to as “right holders”) to provide works to the public by wire or wireless means. The key points of the Regulations include:

  1. The right holders can take technical restriction measures on the works for the purpose of protection, and no one is allowed to circumvent or destroy such measures;

  2. No one is allowed to delete or change the works of the right holders;

  3. The works can be used directly without paying any fee to the right holders under such circumstances as appropriate quotation, and can be used directly for purposes such as free and compulsory education, provided that a fee shall be paid to the right holders;

  4. Network service providers who provide information storage space, searching or linking services shall delete the infringing works involved in their services.

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