on November 14, the National copyright Administration issued the notice on strengthening the copyright Management of online Literary works. The notice further clarifies the responsibilities and obligations of Internet service providers that provide literary works and relevant network services through the information network in terms of copyright management, and details the relevant provisions of copyright laws and regulations.
original title: clear subject responsibility and strengthen supervision responsibility
November 14, the National copyright Administration issued the notice on strengthening the copyright Management of online Literary works (hereinafter referred to as the notice). The notice further clarifies the responsibilities and obligations of Internet service providers who provide literary works and relevant network services through the information network in terms of copyright management, and details the relevant provisions of copyright laws and regulations. it is an important measure for the National copyright Administration to strengthen the copyright protection of online literature, and is of great significance to standardize the copyright order of online literature. Recently, the head of the copyright Management Department of the National copyright Administration accepted an exclusive interview with a reporter from China Press, publication and Telegraph to interpret the issues related to the notice. strong > clarify the legal liability of Internet service providers / strong > Reporter: what is the background of the notice issued by the National copyright Administration? responsible person: in recent years, with the rapid development of digital technology and mobile Internet, China's network literature industry has developed rapidly, with a large scale of network literature creators, original works and network literature users. However, the problem of infringement and piracy of online literary works is still very serious, which has a great impact on the healthy development of the industry. since the beginning of this year, the National copyright Administration has actively responded to the voices of the broad masses of right holders, listed the special rectification action to crack down on infringement and piracy of online literature as the key task of the "sword net" action, concentrated its efforts on strict rectification, and achieved phased results. In order to further strengthen the copyright management of online literary works, the National copyright Administration drafted the Circular on strengthening the copyright Management of online Literary works, which was issued on November 14 after extensive consultation. Reporter: what are the main objects of the Notification specification? responsible person: "Notification" can be summarized into two categories according to the characteristics, functions and roles of different types of Internet service providers in the dissemination of literary works. One is the network service providers that provide literary works directly through the information network, such as the starting point Chinese website, Palm Reading Book City, etc., and the other is the network service providers that provide relevant network services for users to disseminate literary works through the information network. such as search engines, browsers, forums, online disks, application stores and third-party Internet service providers such as post bars, Weibo, Wechat and other services. in accordance with the provisions of the copyright Law, the notice defines different legal responsibilities for different Internet service providers. Articles 3 and 4 of the notice mainly regulate Internet service providers that directly provide literary works through the information network, stipulating that they shall perform the duty of copyright examination and care for the dissemination of literary works in accordance with the law, unless otherwise stipulated by laws and regulations, literary works shall not be disseminated without the permission of the right holder. Articles 5 to 10 of the notice regulate third-party Internet service providers that provide relevant network services, because they do not directly provide network literary works, according to the "safe haven" principle of the copyright Law, the notice stipulates that the legal liability is different from that of the Internet service providers who directly provide literary works, requiring them not to provide or use technical means to provide literary works in disguise without the permission of the right holder. It shall not facilitate the dissemination of infringing literary works by users. strong > Internet service providers should establish and improve the "four mechanisms" / strong > Reporter: what specific legal obligations does the notice impose on Internet service providers? responsible person: the notice requires Internet service providers to implement the main responsibility of the enterprise, perform their legal obligations, and establish and improve four working mechanisms, including the infringement handling mechanism, the copyright complaint mechanism, the notification deletion mechanism, and the upload review mechanism. infringement handling mechanism refers to Article 2 of the notice. No matter it is a network service provider that directly provides content or a third-party network service provider that provides relevant network services, it is necessary to establish and improve the handling mechanism of infringing works, strengthen internal copyright supervision and management, and fulfill the most basic obligations of protecting the copyright of online literary works in accordance with the law. copyright complaint mechanism refers to Article 4 of the notice, which requires that Internet service providers that provide content directly should actively accept the complaints of the right holders and deal with the legitimate claims of the right holders in a timely manner according to law. Notification deletion mechanism refers to Article 6 of the notice, which requires third-party Internet service providers providing relevant network services to state the way of complaint in a prominent position on their service platform, delete infringing works and disconnect relevant links within 24 hours of receiving notification from the right holder. upload verification mechanism refers to Article 8 of the notice, which requires Internet service providers that provide information storage space to examine and save the names, account numbers, network addresses, contact details and other information of posted bar administrators, moderators, application developers, etc., fulfill their responsibilities and obligations such as illegal and criminal clue reports, and cooperate with law enforcement departments to investigate and deal with copyright infringement. four working mechanisms enable copyright complaints to be handled with entrances and exits, complaints and responses, reviews and deletions, thus ensuring that the whole process of the dissemination of online literary works is covered at the level of system construction, and that there are ways to deal with infringement disputes without dead ends at the practical level. strong > establish the system of "blacklist and whitelist" for online literary works / strong > Reporter: what innovative measures does the notice have in terms of protection mechanism? responsible person: the notice reaffirms the basic principles stipulated in the copyright law, further clarifies the principal responsibility and duty of care of Internet service providers, and strengthens the regulatory responsibilities of copyright law enforcement departments. In order to solve the bottleneck encountered in the current copyright protection of online literary works, the Circular puts forward three innovative measures: one is aimed at Internet service providers that provide search engines, browsers, and other services, requiring them not to disseminate literary works without the permission of the right holders through targeted search or links, editing, aggregation, and other means. the second is that Internet service providers that provide services such as post bars and forums should bear a higher duty of care for the management of post bars and forums directly named after literary works or authors, and should instruct the administrators and moderators of the relevant post bars and forums to confirm that the literary works provided by users are provided by or have obtained the permission of the right holders. third, the National copyright Administration has established a "blacklist and whitelist" system for copyright supervision of online literary works. On the one hand, put those websites engaged in copyright infringement and piracy into the "blacklist" to solve the bottleneck problem of "only good children, regardless of bad children"; on the other hand, by publishing the "whitelist" of key regulatory works, clarify the licensing chain of popular literary works, and solve the problem of "knowing" and "should know" in copyright disputes. The National copyright Administration hopes to strengthen the crackdown on copyright infringement and piracy of online literature, and finally establish and improve a long-term mechanism for the use and dissemination of copyright in online literature by trying to implement the system of "blacklist and whitelist".
Edit: yvette