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Internet Copyright: New Regulations Published
If you are involved in any Internet copyright disputes in future, you can resort to law.
China's Supreme People's Court Judicial Committee has passed the Interpretation for Laws Applicable in the Trial of Cases Concerning Computer and Network Copyright Dispute, which will take effect on December 21, 2000. The Interpretation provides a legitimate basis for the settlement of intellectual property disputes on the Internet.
The Interpretation outlined ICP's legal liabilities upon copyright violations, stipulated the scope of ICP's obligations, and clarified situations for exemption. According to the regulations in the Interpretation, Internet Content Providers have the following rights and obligations:
I. Rights
1. Statutory republish rights
ICP can republish material that have been published in newspapers, magazines and/or on the Internet, unless it contains a copyright notice.
2. Direct intentional fault rule
If ICPs purposely violated copyright and take no effective actions upon infringement is contributed to direct intentional fault rule.
3. No legal liabilities when dispute occurs
In the Interpretation, if the violator is accused of infringement, they will not be obliged to legal liabilities, only to remove the accused infringe content.To prosecute, the copyright owner should provide the following documents: 1) Personal Identification, 2) Copyright ownership certificate, 3) proof of infringement. If the court ordered the accused ICP not guilty on infringement, the losses occurred will be beared by the accuser.
II. Obligations
ICPs should not violate copyright laws, nor abet or help someone in infringement on copyright
The Interpretation just stipulated the minimum requirement on copyright infringement, but if violated, the violator will be fined from 500-300,000 yuan.
Source: chinadaily.com.cn
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