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20-21 November 2008, Beijing  IPR2 supported a workshop, together with the National Copyright Administration of China (NCAC) from 20-21 November in Beijing, to exchange views on future legislation on copyrights on the internet. The Copyright Law is a key element of the Chinese IP system and plays a prominent role in the newly published guidelines of the National IP Strategy of China. Presentations by European and Chinese experts included file sharing regulations and the liability of internet service and content providers (ISP/ICPs).
The evolution of information technologies has had a significant impact on the environment in which creative industries operate. The development and enforcement of international and national laws and regulations governing copyrights in the digital environment have not kept pace with the speed of this evolution. As the number of internet connections increase, more users are gaining direct access to copyrighted works, pirated in a large proportion. With more channels being developed for trading legitimate creative works over the internet; regulators are facing the growing challenge of balancing copyright protection in the digital environment and access to information.  The workshop is part of a larger collaborative effort between IPR2 and the NCAC, which includes a series of trainings in Beijing and Guangzhou on copyright protection on the internet. It aimed to increase information on the development of European IP systems and respective experiences; and exchange views on a possible amendment of the copyright law, based on the results of a joint EU-China analysis of a due balance of right owners' and public interest in the digital environment.
The Chinese copyright law contains a number of general rules on the protection of works on the internet in that it subsumes internet transmission under the catalogue of protected rights and outlaws the circumvention of technical protection measures. Besides, more detailed provisions are delegated to regulation by the State Council which in May 2006 issued the Regulations on Protection of Right of Communication through Information Networks. However, as these rules are confined to the internet environment, they do not cover such issues as technical protection measures incorporated in digital carriers, in the absence of a clause on contributory infringements. With respect to protection in the internet environment, a number of gaps also remain to be addressed (Regulation of May 2006) as these only address intentional distribution of circumvention devices and the catalogue of exceptions which permits the circumvention in certain cases remains too narrow for instance. In particular, regulation of file sharing (uncontrolled content sharing poses a real threat to right owners, including the Chinese and international film and music industries who are calling for legal answers to seek the liability of P2P software providers as well as end users etc; liability of internet service and content providers (there are different legal concepts around the world, as far as the degree of duty of care, validity of disclaimers or “notice and take down” rules are concerned.  In China, whilst a number of thoughtful court decision on the duty of care of ISP’s were made, the Regulation of May 2006 has reduced the liability for taking down contents upon a right owner’s notice. Moreover, copyright protection on the internet is not confined to the borders of China, but challenges established systems in the US and in Europe by provoking very different reactions in both continents, due to different copyright traditions. The NCAC, under the General Administration of Press and Publications (GAPP), supports legislative and policy developments relative to the protection and enforcement of copyrights and related rights in China, and supervises local Copyright Bureaux in carrying their tasks of administering piracy cases.  The workshop was opened by Mr Xu Chao, Deputy Director-General, Department of Copyrights Management, NCAC and Mr Antoine Seillan, Counsellor, EC Delegation to China. The experts from China included Prof. Wang Qian, IPR School, East China University of Political Science & Law and Mr Liu Ping, Director, Legal Section, Music Copyright Society of China. From Europe, Prof. Dr Matthias Leistner, Director of the Institute for Corporate & Commercial Law, Rheinische Friedrich-Wilhelms-Universität Bonn; Dr Mihály Ficsor, President of the Hungarian Copyright Council and Mr John Baldwin, QC, UK. Other participants included NCAC officials and a number of representatives of industry and law firms.
More than 60 officials and industry representatives (Chinese and European) gathered to learn about best practices in adapting the legal framework on copyrights and related rights in this rapidly changing environment. The Workshop offered a unique platform for European and Chinese experts to exchange in-depth views and ideas on the challenges facing creative industries and right holders; and offer clarification to questions of high interest for the NCAC and to the European experts when interpreting the Copyright Law. The technical discussion was led by presentations from leading experts from Europe and China and covered the following areas: Challenges in the Digital Era File sharing / swapping: Uncontrolled content sharing poses a real threat to right owners, including the Chinese and international film and music industries who are calling for legal answers to seek the liability of P2P software providers as well as end users. Broadcasting: Propagation of television broadcast signals through the internet; how the EU is regulating this behaviour and if it has a legal framework to solve this problem. User Generated Content platforms
Prof. Wang Qian, Professor, IPR School, East China University of Political Science and Law Prof. Dr Matthias Leistner, Professor of Civil Law, Intellectual Property and Competition Law, Director of the Institute for Corporate and Commercial Law, Rheinische Friedrich-Wilhelms-Universität Bonn Dr Mihály Ficsor, President of the Hungarian Copyright Council
Countermeasures and Remedies Filtering Technologies: Concerning whether ISPs should adopt filtering technology or not, which continues to be debated in the EU. Right holder organisations contend that this is an important measure for ISPs to combat infringement and piracy. However, ISPs are concerned about the costs involved. According to the European Union’s commerce directive, ISPs do not have the obligation to monitor. What is the attitude of ISPs in the EU towards filtering and what filtering technology is being adopted at present? ISP and ICP liability: Liability of internet service and content providers (ISP/ICP): There are different legal concepts around the world, as far as the degree of duty of care, validity of disclaimers or “notice and take down” rules are concerned. In China, whilst a number of thoughtful court decision on the duty of care of ISP’s were made the Regulation of May 2006 has reduced the liability for taking down contents upon a right owner’s notice. Digital Rights Management
Mr Liu Ping, Director, Legal Section, Music Copyright Society of China Dr Mihály Ficsor, President of the Hungarian Copyright Council Mr John Baldwin, QC Prof. Dr Matthias Leistner, Professor of Civil Law, Intellectual Property and Competition Law, Director of the Institute for Corporate and Commercial Law, Rheinische Friedrich-Wilhelms-Universität Bonn
Limitations of Rights in the Digital Era Prof. Wang Qian, Professor, IPR School, East China University of Political Science and Law
Dr Mihály Ficsor, President of the Hungarian Copyright Council Mr John Baldwin, QC
Evidence and Case Handling Collection and processing of evidence Disclosure of information: Can authorities require ISPs to disclose user’s information? How many EU Member States have clear regulations and what else is being considered? Revenues generated from illicit activities and damages: Problems on selling piracy and counterfeit products through internet：How EU act regarding to problems on selling piracy and counterfeit products through internet? Cross-institutional cooperation / Cross-border enforcement: Copyright protection on the internet is not confined to the borders of China, but challenges established systems in the US and in Europe by provoking very different reactions in both continents, due to different copyright traditions.
Mr Liu Ping, Director, Legal Section, Music Copyright Society of China Mr John Baldwin, QC Prof. Dr Matthias Leistner, Professor of Civil Law, Intellectual Property and Competition Law, Director of the Institute for Corporate and Commercial Law, Rheinische Friedrich-Wilhelms-Universität Bonn
For more information on copyright legislation, contact Mr Benoit Misonne
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. For general information on IPR2, contact Ms Tamryn Barker
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. [IPR2 ref. CC1.AW1.002] |
