Tag Archives: right to information communication by networks

Analysis on Application of Red Flag Rule in China

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By Luo Yanjie

Recently, Shanghai No.2 Intermediate People’s Court issued “Investigation Report about Infringement of Right of Information Network Dissemination in the Area” which introduces the application of “red flag” principle in China. Today we would like to share the topic with readers as follows:

I. The basic concept of “red flag” principle

“Red flag” principle is an exception of “safe harbor” principle. It means if the fact of infringement obviously like a “red flag” flying, network service providers cannot pretend not to see, or to shirk responsibility as not knowing. In this premise, even if the right people have issued a notice, the court should also identify the Internet service provider is aware of third party’s infringement and shall bear tort liability.

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Search Engine in China: Liability to Infringement in Snapshot?

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the Baidu snapshot

By Luo Yanjie

With the increasing sense of legal protection, the copyright owner are paying more and more attention to the infringing works spread in the internet, especially for the ICP of infringing works, like the video search engine and Wenku (namely the online library). But to the annoy of the copyright owners, when the ICP deletes the infringing content, the page may be remained in the snapshot of the search engine available to the visitors, which makes the effect of right protection may be discounted. Today, we would like to share our opinions on the copyright infringement by snapshot of the search engine in this post:

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What Change on Information Communication by Network in Exposure Draft of China Copyright Law? II

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By Luo Yanjie

II. To enlarge the information networks: a concept coincidence with the right to transmission

Besides the enlargement to the definition of the right to the information communication by networks in the exposure draft, the new judicial interpretation also regulates a wider definition on the information networks, which includes PC internet, radio & television networks and mobile telecommunication networks. We support such enlargements for radio and television VOD is feasible with the technology development while the networks of them are excluded from the legal information networks. Since the nature of VOD on radio & television networks is of no difference from that on the internet, the information communication by networks shall naturally involve it.

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What Change on Online Copyright in Exposure Draft of China Copyright Law? I

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By Luo Yanjie

In recent, the exposure draft of the Copyright Law (the “exposure draft”) has been the hot spots among the public, and many revisions of it have arisen wide argument, among which the most debated parts are the coercive license of the music works in Article 46 and extension management of the copyright collective management organization in Article 60 and 70. On the other hand, it also comes to our attention that rare discussion has been made on the revision concerning the right to the information communication by networks in the exposure draft, which however has been modified a lot. Although such modifications are seems to be a little bit “theoretical”, no one could deny it’s major influence in the future practices. And considering the increasing position of the internet in spreading the copyrighted works, it’s unfair to neglect the revision on the right to the information communication by networks.

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