China Law Online Database : novexcn.com

You are using Guest Account

Subscribe To This Law Only

Subscribe To All Law Contents

Print This Page

Back




	INTERPRETATIONS OF THE SUPREME PEOPLE'S COURT ON SEVERAL ISSUES CONCERNING THE APPLICATION OF LAW IN THE TRIAL OF CASES IN RELATION TO COPYRIGHT DISPUTES OVER COMPUTER NETWORK (2004 REVISION)

	(No. 1 [2004] of the Supreme People's Court£¬ January 2, 2004: Adopted at the 1144th Session of the Judicial Committee of the Supreme People's Court on November 22, 2000, amended according to the Decision of the Supreme People's Court on Amending the "Interpretations on Several Issues concerning the Application of Law in the Trial of Cases in Relation to Copyright Disputes over Computer Network" passed at the 1302th Session of the Judicial Committee of the Supreme People's Court on December 23, 2003 and will be implemented as of January 7, 2004. The amendments are the following: I. Paragraph 2 of Article 2 is cancelled. II. Article 3 is modified as: "Those who reprint or extract and edit through network the works, which have been published in the newspapers and periodicals or disseminated through networks, and have paid remunerations according to relevant provisions, and indicated the newspaper or magazine that has first published the works, do not constitute a piracy, unless otherwise the owners of the copyrights declare or the newspaper offices, the periodical offices or the Internet Server Providers entrusted by the owners of the copyrights declare that no reprinting or extracting and editing shall be made. But if the works reprinted or extracted and edited exceed the scope of the works permitted to be reprinted, they shall be deemed as piracy. " III. One Article is added as Article 7, that is, "Where an Internet Server Provider knowingly uploads, transmits or provides methods, equipments or materials which are used specially for willfully evading or destroying the technical measures for safeguarding the copyrights of other people, the people's court shall, on the basis of the allegations of the parties concerned and the details of the cases, and in accordance with the provision of item (6) of Article 47 of the Copyright Law, subject them to civil legal liabilities for infringement of the Internet Server Provider. " IV. Article 7 is changed into Article 8, and paragraph 2 of which is modified as: "Where, after an owner of the copyright has showed the above-mentioned certificates, the Internet Server Provider still fails to take measures, the owner of the copyright may plead to the people's court for ordering it to stop the relevant acts or taking measures for property preservation or attachment of evidence before the trial in accordance with the provisions of Articles 49 and 50 of the Copyright Law, or may apply to the people's court for ordering it to stop the infringement acts, removing the impediments or eliminate influences beforehand at the time of lodging a complaint. " V. Article 9 is cancelled. VI. Article 10 is cancelled. In addition, the sequential order of the clauses shall be adjusted pursuant to this decision accordingly)


SUBJECT : LEGAL INTERPRETATION; COPYRIGHT DISPUTES OVER COMPUTER NETWORK
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 01/02/2004
IMPLEMENT DATE : 01/07/2004
LENGTH : 974 words
TEXT :

With a view to the correct trial of cases concerning copyright disputes over computer network, some issues concerning the application of laws to these cases are hereby interpreted on the basis of the provisions of the General Principles of the Civil Law, the Copyright Law and the Civil Procedure Law, and other laws as well:

Article 1. Cases of disputes over infringement of network copyright shall be subject to the jurisdiction of the people's courts at the place where the infringement is committed or where the defendant has his domicile. The places where the infringement is committed shall include the locations of equipments such as the internet server or computer terminal by which an accused infringement act is committed. In case it is difficult to determine the place where the infringement is committed or the place where the defendant has his domicile, the locations of the computer terminal and other equipments, in which the plaintiff finds out the contents of infringement, may be deemed as the place where the infringement act is committed.

Article 2. Works protected by the Copyright Law shall include the digital form of various works prescribed in Article 3 of the Copyright Law. For other intellectual creations, which cannot be included in the scope of works listed in Article 3 of the Copyright Law under the network environment, but are of original creation in the fields of literature, arts, or science, and can be copied in a certain physical form, the people's court shall protect them.

Article 3. Those who reprint or extract and edit through network the works, which have been published in the newspapers and periodicals or disseminated through networks, and who have paid remunerations according to relevant provisions, and indicated the newspaper or magazine that first published the works, do not constitute an infringement, unless otherwise the owners of the copyrights declare or the newspaper offices, the periodical offices or the Internet Server Providers entrusted by the owners of the copyrights declare that no reprinting or extracting and editing is allowed. But if the works reprinted or extracted and edited exceed the scope of the works permitted to be reprinted, they shall be deemed as an infringement.

Article 4. In case an Internet Server Provider participates in other person's act of infringement on copyright through networks, or abets any other person to commit or assists any other person in committing an act of copyright infringement, the people's court shall prosecute the contributory infringement liabilities of the Internet Server Provider and other doers or persons directly committing the infringement act according to the provisions of Article 130 of the General Principles of the Civil Law.

Article 5. In the event that an Internet Server Provider providing contents services, who knows of the internet users' acts of infringement on other people's copyright through networks, or who has been given warnings with good evidences by the owner of the copyright, but fails to take measures including removing the infringement contents, etc., to eliminate the sequent of the infringement, the people's court shall, in accordance with the provisions of Article 130 of the General Principles of the Civil Law, prosecute the contributory infringement liabilities of the Internet Server Provider and the internet users.

Article 6. In case the owners of the copyright requests an Internet Server Provider providing contents services to provide the registration data of the person committing infringement acts on its networks so as to prosecute the infringement liability thereof, but the Internet Server Provider refuses to do so without justifiable reasons, the people's court shall prosecute its corresponding infringement liabilities according to the provisions of Article 106 of the General Principles of the Civil Law.

Article 7. Where an Internet Server Provider knowingly uploads, transmits or provides methods, equipments or materials which are used specially for willfully evading or destroying the technical measures for safeguarding the copyrights of other people, the people's court shall, on the basis of the allegations of the parties concerned and the details of the cases, and in accordance with the provision of item (6) of Article 47 of the Copyright Law, subject them to civil legal liabilities for infringement of the Internet Server Provider.

Article 8. Where the owner of the copyright finds out the infringement information and gives warnings to the Internet Server Provider or asks for the registration data of the person committing the infringement act on the network, but fails to bring forth the certificate of identity, of the ownership of copyright, and of infringement conditions, it shall be deemed as failure to give warnings or ask for claims.

Where, after an owner of the copyright has showed the above-mentioned certificates, the Internet Server Provider still fails to take measures, the owner of the copyright may plead to the people's court for ordering it to stop the relevant acts or taking measures for property preservation or attachment of evidence before the trial in accordance with the provisions of Articles 49 and 50 of the Copyright Law, or may apply to the people's court for ordering it to stop the infringement acts, removing the impediments or eliminate influences beforehand at the time of lodging a complaint, and the people's court shall give permission.

Article 9. Where an Internet Server Provider takes measures to remove the accused infringement contents after the owner of the copyright gives warnings with good evidences, and the person accused of committing infringement acts demands the Internet Server Provider to undertake the liabilities for breach of contract, the people's court shall not give support.

In case the owner of the copyright gives false accusation on the infringement, and the person being accused of committing infringement acts pleads to compensate for his losses incurred due to the measures taken by the Internet Server Provider, the people's court shall order the person giving warnings to undertake the liabilities for compensation.