How to Judge the Copyright Holder of Cinematographic Work in China?

(By Luo Yanjie) In a previous infringement case against cinematographic we handled, the plaintiff submitted several articles of evidence to the court, which showed that the work belonged to different copyright holders: according to a certificate issued by the Hong Kong Copyright Center, it was Copyrighter A’s property while the subtitle authorship rights belonged to Copyrighter B. And yet, as demonstrated by a license agreement, C shall be the exclusive holder of the copyright. That made the plaintiff argue for his ownership of the copyright. In fact, due to the complexity in determining copyright ownership, contradictory disputes like the one described above are quite common in actual practice. In today’s post we will share our understanding of the issue.

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Analysis on the Copyright Infringement on Microblog

On 30th December, the Annual Conference of Sohu Weibo Client (weibo is just kind of microbloggng service like twitter in China), 2011 was held in Beijing, and Sohu (NASDAQ: SOHU) first issued the Weibo Copyright Protection Convention among the four main microblogging platforms in China, which verifies that the author may enjoy the copyright over its tweets, and accordingly Sohu will provide protecton on it, respect its authorized use and offer aids in the legal protection. However, for the tweets tend to be brief, therefore its protection by Copyright Law has been long argued. And here is the analysis from Bridge IP Law Commentary on it.

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Hinder or Protection? The Role of Law in Internet Development

Suggestions on the draft of Copyright Law Judicial Interpretation in China, II

Currently, it’s argued heatedly in America that whether SOPA and PIPA shall be passed, and on the other side of the world the Judicial Interpretation on Cyber Copyright is under drafting by Supreme People’s Court in China. Will the new interpretation meet the demand of the development of internet or bring a more rigorous regulation? That catches the eyes of the public. Bridge IP Law Commentary will give our suggestion on the judicial interpretation in three posts, and today is the second one of the series:

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China Cyber Infringement and Current Status of IP Protection

Suggestions on the draft of Copyright Law Judicial Interpretation in China, I

Currently, it’s argued heatedly in America that whether SOPA and PIPA shall be passed, and on the other side of the world the Judicial Interpretation on Cyber Copyright is under drafting by Supreme People’s Court in China. Will the new interpretation meet the demand of the development of internet or bring a more rigorous regulation? That catches the eyes of the public. Bridge IP Law Commentary will give our suggestion on the judicial interpretation in three posts, and today is the first one of the series:

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China Supreme Court’ s Advanced Judge Commented on Microblog Copyright Protection

As reported by Beijing News, Judge Kong Xiangjun, the head of third adjudication division of IPR cases in Supreme People’s Court, stated that the hearing standard of Weibo copyright conflict shall by those for general cyber copyright conflict.

According to the previous judicial interpretation from the Supreme People’s Court, it demanded the court to balance the interest among the oblige, ISP and social public, for one hand the cyber copyright protection shall be strengthened, and also the hearing shall promote the innovation and the business model development to ensure the social public interest.

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