Article 14
Anyone who provides the service for storing network content only through automatic technological process shall not bear compensatory liability for storing infringing or illegal network content if one of the following conditions is met:
(1) the service provider does not know that the network content which he stores is infringing or illegal;
(2) the service provider takes down the network content within five days from the time he knows or he ought to know that the specific network content which he stores is infringing or illegal.
The first paragraph shall also be applicable to searching service providers of network content.
Article 15
A right owner, when finding infringing or illegal network content, may send a notification that meets all of the following conditions to the storage service provider or searching service provider of such content, asking for its take-down:
(1) the notification is in a written or printed form, or sent in an email;
(2) the notification indicates the name and address of the right owner or exclusive licensee;
(3) the notification requests a take-down of the infringing or illegal network content and specifies its URL address;
(4) the notification is signed by, or affixed with a seal of, the right owner.
In the absence of proof to the contrary, it shall be presumed that the storage service provider or searching service provider ought to know that the content he stores is infringing or illegal once receiving from the right owner a notification that meets all of the conditions specified in the first paragraph.
Article 16
A storage service provider, who takes down specific network content after receiving the notification provided for in the first paragraph of Article 15, shall not be held liable for breach of contract if one of the following conditions is met:
(1) the service provider notifies the content provider in three days after taking down the specific network content;
(2) the service provider recovers the specific network content that has been taken down in seven days after knowing of the withdrawal of the notification by the right owner or of a ruling by the people’s court that the specific network content is not infringing or illegal.
Article 17
The right owner or exclusive licensee may, for the purpose of litigation or application for provisional measures, apply to the people’s court for requesting the network service provider to offer necessary network registration information. The network service provider who refuses to offer such information without reasonable ground shall bear corresponding legal liabilities.
Article 18
When finding an infringing or illegal act that impairs public interest, the right owner or exclusive licensee may apply to the copyright administrative department for investigation and administrative sanction.
In order to investigate and handle infringing or illegal cases that impair public interest, the copyright administrative department may request the network service provider to offer necessary network registration information. The network service provider who refuses to offer such information without reasonable ground shall bear corresponding legal liabilities.
Article 19
Anyone who suffers a loss because of a wrong take-down of specific network content according to the notification from the right owner may request the right owner to bear the compensatory liability.
Article 20
The right owner or exclusive licensee who violates the provisions in Article 10 of these Regulations shall bear corresponding legal liabilities.
Article 21
These Regulations shall be effective on 2006.
