| SCMP - Wednesday, June 1, 2005 Law to fight internet copyright violations
IRENE WANG The mainland took another step in regulating the internet this week by introducing an administrative regulation on copyright protection. Following the move on Monday, people who violate copyrights can be fined up to 100,000 yuan. It also clarifies the methods that can be used to address infringements of intellectual property rights. In addition, the Administrative Protection Method for Internet Copyright - which was promulgated in April by the National Copyright Administration and Ministry of Information Technology - spells out the legal accountability of internet service providers (ISPs). The regulation aims to control activities such as the uploading, saving and linking of other people's original works, which includes video and audio creations. Under the regulation, ISPs are not responsible for copyright violations - unless they are aware or informed of them. If the author of a work believes their copyright has been violated, they can inform the ISP by giving their credentials and proof of copyright ownership, in addition to evidence of a violation. The ISP is then required to delete the offending content. But under the new regulation, alleged copyright violators can respond with an "anti-directive" to claim the content was not a violation. If successful, the ISP can reinstate the content and is free from any legal accountability. Tao Xinliang , dean of Shanghai University's Intelligence Property Right School, applauded the progress made with the regulation. "The method fills the void in the administrative protection of internet copyright," he said. But Professor Tao also said the regulation had technical limitations, and called for a more comprehensive guideline. Although the mainland has promulgated legislation covering internet copyright, the laws are ambiguous. |