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Guiding Framework on the Protection of Copyright for Network Dissemination

28 April 2011 — Beijing Copyright Bureau

 

The Beijing Municipal Bureau of Press and Publication (Copyright Bureau) has announced new regulations for the protection of copyrights in China in an effort to curb the rampant piracy affecting the music industry.

To be effective from 1 June 2011, the following are some of the significant regulations and guidelines being proposed:

1) Service Providers should follow and actively publicize the Copyright Law and related laws and regulations whilst undertaking efforts to fight piracy and copyright infringements to promote the development of a healthier industry
2) A Service Provider who provides file-sharing and hosting services is required to highlight in a prominent position on the homepage of its service that users are not permitted to upload contents without permission from the Copyright Owners.
3) A Service Provider who provides file-sharing and hosting services is required to record relevant registration information of its users such as name and IP address and keep it for future reference for 180 days. It is encouraged that the Service Provider adopts a real-name registration system for such a service
4) It is the responsibility of the Service Providers to introduce and administer effective measures to deter and restrain those who upload unlicensed material including terminating the offending users’ service and also reporting these infringing acts to copyright law enforcement authorities.
5) Service Providers who provide file-sharing and hosting services are required to adhere to copyright laws and take necessary technical measures to prevent unlicensed works being uploaded including the following:
 

a)  Movies, TV series and other professionally produced long form videos
b)  Works which display the publishing/ copyright symbol
c)  Live television/ network broadcasts
d)  Works from known authors, producers
e)  Popular hit works

6) A Service Provider who provides file-sharing and hosting services, search, links or acts as a channel needs to employ effective technical measures to prevent users uploading or linking to copyrighted works as specified below:
 

a)  The same copyrighted work uploaded by the same user that had been previously removed based on notification from the Copyright Owner

b)  The same copyrighted work with the same link that had been previously taken down/ disconnected based on notification from the Copyright Owner

c)  Works with declared Copyright Ownership as stated publicly on assigned websites of the Copyright Bureau department

d)  Other copyrighted works that the Service Provider knows of, or should have known that the user does not have the right to upload or disseminate

e)  Service Providers and Copyright Owners are encouraged to set up infringement prevention mechanisms including fingerprinting or watermarking/ DNA methods to better manage unrestrained infringing uploads or linking

7) A Service Provider who provides file-sharing and hosting services, search and links needs to establish a specialized department solely for the purpose of processing take-down notices, including the acceptance of notices, removal of infringing contents and links.
 

a)  The Service Provider is required to immediately accept and take action on the take-down notice sent online or via email or letter in conformation with the Regulations on the Protection of the Right to Network Dissemination of Information

b)  The Service Provider should remove the infringing content/ link immediately upon notice from the Copyright Owner, or latest within 24 hours if there is too much content or links to deal with and the take-down process is relatively complicated. If the Service Provider is unable to take down the infringing content/ link within 24 hours, they should provide an explanation to the Copyright Owner in writing immediately

c)  For live television/ network broadcasts, the Service Provider should remove any infringing content or links immediately upon notice from a Copyright Owner. Only in complex take-down situations will the Service Provider be allowed to complete it at the latest, in an hour.

d)  Service Providers are encouraged to provide Copyright Owners with a specialized back-end ‘green channel’ access to oversee and provide information to Service Providers for easy removal of infringing content/ links

8) Copyright Owners are encouraged to state the copyright information of respective content/ products publicly on assigned websites of the Copyright Bureau which the public (and Service Providers) are able to check
9) Copyright Owners are encouraged to provide information about their works which are available for licensing on assigned websites of the Copyright Bureau – and this will also aid Copyright Owners as they seek to license their works
10) Service Providers are required to follow the Copyright Law and relevant regulations, and coordinate with the Copyright Bureau with regards to regular supervision, law enforcement inspection and legal training
11) Copyright Owners are encouraged to exercise their power and right to issue take-down notices when their works are being infringed, and thus maintain their lawful right.
 
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