Tag Archives: copyright law

No Infringement of SONY TV’s Unauthorized Cartoon Playing

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By Luo Yanjie

In our past post “How Sony Can Avoid Copyright Risk”, we gave our legal opinion in the copyright infringement charged against SONY. And in that case, SONY integrated the function of networking in a type of its TV products, by which the consumer could watch the cartoon produced by an animation company after registering its TV and the application for an account on an appointed websites under the instruction of SONY. The animation company sued SONY and the website in Beijing after detaining the infringement.

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Traditional Internet VS Mobile Internet: Any Difference in Law Application?

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By Luo Yanjie

With the popularity of the smart phones in the modern society, we have seen an explosion development of the mobile internet. And by some statistics, the data traffic of the mobile terminal has occupied 10% of the total on the internet, which has been taken as the most important growth point of technology in the coming several years. Meanwhile, the explosion also adds fuel to the firing copyright piracy on the internet, and the convenience of the network also troubles the copyright owner in the right protection. And moreover, it also puzzles the copyright the law application in the mobile internet. Therefore, in today’s post, we would like to share our opinions and experiences on the issue:

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Tips for Share Contribution with Copyright in China

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By Luo Yanjie

Recently, Shanghai Laofengxiang Gift Company finished registration at Huangpu branch of industrial and commercial administration. The company is established by Shanghai Laofengxiang Company and ARTURO UGO DI MODICA , the designer of ” Wall Street financial bull”,” the Bund financial bull”. ARTURO UGO DI MODICA invests the company by the copyright of “the Bund financial bull” which is evaluated 4100000 yuan. This is the first foreign company invested by copyright inShanghai.

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How to Make Administrative Complaints against Knockoff Software in China?

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By Luo Yanjie

According to China “copyright law”, commercial using pirated software is a typical act of infringement. We generally recommend the right owner taking civil action against pirates. But in many cases, administrative complaints against them will be more efficient because it is hard to get “evidences”. Today, we would like to introduce how to start a copyright infringement complaint inChina.

I. Legal basis of administrative complaints to pirates users

The current “copyright law” article 47 provides:“Any of the following acts of infringement shall, depending on its circumstances, be demanded for civil responsibility such as cease of the infringement, elimination of effects, public apology or compensation for loss; if the act causes a damage to the public interests simultaneously, the copyright administration department may order the person committing the act to stop the act of infringement, confiscate his illegal gains, confiscate and destroy the infringing copies and impose a fine thereon; if the circumstances are serious, the copyright administration department may also confiscate the key materials, tools and equipment mainly used for making infringing copies; and if the act constitutes a crime, criminal responsibility shall be demanded according to law”. This is the law basis for China Administration of copyright administrative punishment. In addition, the” Regulations for the protection of computer software” article 24 also make similar provisions in the light of computer software tort ( similar with ” copyright law”, repeat no longer here ). And” Decree of the National Copyright Administration of the PRC ” also provides the jurisdiction of an administrative copyright complaint case belongs to the State Copyright Bureau and the local copyright bureau, and make detailed provisions of legal procedure.

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Brief Introduction to Software Copyrighter’ s Right Limitation to Ultimate User

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by Luo Yanjie

Under the system of China Copyright Law, what right limitations may come to software owners? And what rights and obligations are enjoyed or taken by the ultimate user and what’s the liability when the infringement occurs? Today we would like to give you the introduction on the issues. There are two main litigations on the PC software, namely the Copyright Law and the Regulations on the Protection of PC Software (the “Regulation”). But according to the latest exposure of the Copyright Law’s revision, the Regulation’s articles have been all regulated in the new drafted law; therefore, it is foreseeable that the Regulation may be abolished once there publicized the new Copyright Law.

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Will Collective Management Organization Be Liable For Its Unauthorised Liscense?

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Recently, the copyright law exposure draft’s publishing has stirred the opinions among the copyrighters, among which the extension of management related to the copyright collective management organization has being boycotted by most musicians. The case judged by Ningbo Intermediate People’s Court recently over the no right to the authorization is very representative. This post will analyze the case and the regulations of “extension of management” in the exposure draft:

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Music Industry’s Revision Suggestion to Drafted Copyright Law, II

The exposure draft of revised Copyright Law (the “Draft”) has gained wide attention among the public after its publication on the website of the National Copyright Association of China (NCAC). One of the reasons contributing to the heated discussion is the articles possibly damaging the interests of musicians who have expressed their strong opposition to the Draft.

In recent, the Record Committee of China Audio & Video Association (CAVA) affiliated to General Administration of Press and Publication of PRC has made their suggestions to the modification on the Draft. To the introduction on the website of CAVA, it has more than 520 member units that are engaged in audio-video production, duplication, distribution and marketing. The member units have not only the largest state record corporation, audio-video press, but also the best music-make corporation, distribution and marketing corporation and the large chain marketing corporation at home. Under CAVA there are several working committees such as distribution, record, disc, educative publishing, digital audio-video and china marketing committee. And the Record Committee making the suggestion this time is the working committee of the CAVA.

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Music Industry’s Revision Suggestion to Drafted Copyright Law, I

The exposure draft of revised Copyright Law (the “Draft”) has gained wide attention among the public after its publication on the website of the National Copyright Association of China (NCAC). One of the reasons contributing to the heated discussion is the articles possibly damaging the interests of musicians who have expressed their strong opposition to the Draft.

In recent, the Record Committee of China Audio & Video Association (CAVA) affiliated to General Administration of Press and Publication of PRC has made their suggestions to the modification on the Draft. To the introduction on the website of CAVA, it has more than 520 member units that are engaged in audio-video production, duplication, distribution and marketing. The member units have not only the largest state record corporation, audio-video press, but also the best music-make corporation, distribution and marketing corporation and the large chain marketing corporation at home. Under CAVA there are several working committees such as distribution, record, disc, educative publishing, digital audio-video and china marketing committee. And the Record Committee making the suggestion this time is the working committee of the CAVA.

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SIMENS Benefits: A Breakthrough of the Legal Compensation Limit on Pirate Software Litigation

As reported (note: the link is in Chinese), SIMENS PLC Software won the copyright dispute over its software against Excelstor Technology (Excelsor), a company headquartered in Shenzhen, in Shenzhen Intermediate People’s Court, with a sentence to stop the infringement and compensation of 1.16 million yuan for the infringement. There are two eye catching points in this case: 1) the court aided SIMENS in evidence preservation to detain the computers of Excelsor’ s design department, which are detected of NX Unigraphics copyrighted by SIMENS, and that is rare in the cases of this kind; 2) the judged compensation surpassed the legal limit. The post today mainly focuses on the 2nd point. (the image today is the logo of SIMENS)

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Beijing Files Most IPR Lawsuits in China

As reported by Mr. Chi Qiang, the chief justice of Beijing Higher People’s Court,on the 5th Session of the 13th People’s Congress of Beijing, there have judged 12, 269 IPR cases in Beijing courts of each level, which is a year by year increase of 16.3% and occupies 22.3% of all around China. For these cases, both total amount and new type case are rank first in all the courts nationwide.

Other recommended posts on our website:
1. The Actual Term of Trademark Registration in China
2. How to Apply for the Trademark Record in China Custom
3. How to improve the success rate of trademark registration in China?
4. Matters for Attention in Trademark Refusal Review in China
5. Introduction of China’s Legal System of Trademark Renewal
6. Introduction on the Regulations concerning the Capital Contribution in IPR or Domain Name in China
7. The Copyright Registration in China Could Be FREE?
8. China Copyright Protection Term Longer than EU’s?
9. Matters for Attention in the Patent Preliminary Injunction Application in China(I)

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Suggestions from Chinese Writer on the Modification on Copyright Law

The modification on China Copyright Law is under preparation, and as news reports, for the promote of internet prosperity and infringement combat, Ms. Zhang Kangkang, the vice president of Chinese Writers Association and China Literary Copyright Protection Association suggested on the law modification recently:

I. To legally determine the fault ascertainment standard of Safe Harbor Rule

Ms. Zhang suggested to drafted the standard of “known or shall be known” as the legal standard of the ISP fault ascertainment, meanwhile, the obligation of ISP shall also be listed in the modified law while no too high obligation shall be set.

Bridge IP Law Commentary’s opinion: There’s no legal standard on the ascertainment of ISP fault in Copyright Law, with the standard is referred to partly in the Article 36 of Infringement liability law, “Where no measures have been taken by IPS on knowing the infringement or violation by users against others, the ISP shall take the joint liability with the infringer.”

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How Sony Can Avoid Copyright Risk?

Highlights: The article analyzes the case that SONY sued for the infringing content of internet Video-On-Demand service integrated in TV set and the provisions of port principles in China Copyright Law.

It is reported that SONY (TYO: 6758, NYSE: SNE), along with a VOD website, was sued by a Chinese cartoon company (the “copyright owner”), and Beijing Dongcheng District People’s Court has accepted the suit.

As news­ reports, the copyright owner claimed that SONY integrated the internet unicast service software in certain type of its TV set. Furthermore, with SONY’s TV set instruction, the consumer could watch the content of infringing program after registering the serial number of TV online and an account with a website in sequence.

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China Copyright Protection Term Longer than EU’s?

—Analysis on Copyright Protection Term in China and Protection on Works in Public Domain

Highlight: Describing the protection term of various copyright works in China Copyright Law.

The European Internal Market Committee decided to extend the copyright protection term for performers and sound recordings from the current 50 years to 70 years for their copyright remuneration in the rest life of the performers. (news related, in English)

I. The protection term in China Copyright Law

China Copyright Law clearly regulates the protection terms on various works both domestically and internationally.

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