Protection of Copyright in the Digital Environment in China

1) What measures should be taken to protect copyright on music, videos, and images on the internet?

Preserving evidence of the original creation of the works or acquisition of the copyright to the works. 

Filing copyright registration applications to the Copyright Protection Center of China (CPCC) is strongly recommended although not compulsory. The Certificate of Copyright Registration will be deemed as the prima facie evidence to prove the copyright ownership.

2) What are the specifics of copyright protection for content posted on platforms like YouTube, TikTok, and Instagram?

Copyright Law 

• Automatic protection: content gains protection upon creation;
• Digital rights explicitly covered: exclusive right to share works online with fair use exception. 

E-Commerce Law & Regulations

• Platforms must implement "Notice-and-Takedown" systems (remove infringing content within 24 hours of valid complaint);
• Liability shield: platforms avoid liability if they promptly remove infringing content and disclose infringer identities.

3) What legal restrictions apply to the use of third-party content on social media, and what measures can be taken to ensure compliance with copyright laws?

Chinese Copyright Law requires explicit authorization for reproducing, distributing, or adapting others’ works. And platforms have their own regulations on specific restrictions. 

The following measures should be taken to ensure compliance:

• Make sure the original content complies with laws and regulations;
• Complete copyright license documentation: signing and keeping well authorization contracts when using third-party materials (fonts/music/images);
• Avoid infringement on other parties’ copyright. 

4) What legal steps can be taken in response to the unauthorized use of content online?

Right owners can take the following measures after preserving evidence: 

• Filing application to the platforms for a Takedown Notice; 
• Filing a complaint to Copyright Bureau; 
• Filing a civil lawsuit to the Court; and 
• Filing a complaint to the Police Office if the unauthorized user has committed a crime.

5) What legal risks arise when distributing digital content internationally?

Distributing digital content internationally introduces legal risks across copyright, data compliance, platform regulations, and trade sanctions. For the copyright field, jurisdictional differences in terms of the copyright protection, different regulations on fair use , specific regulations of different platforms, etc. should be considered.

6) How can a company working in digital content implement a copyright protection policy?

Registering copyrights in the Copyright Protection Center of China (CPCC), using enforceable NDAs, monitoring on infringement, and taking active measures to fight against infringement.

7) What international agreements and laws regulate copyright protection on the internet, and how are they applied in practice?

Key International Agreements:

• Berne Convention (1886, last revised 1971);
• TRIPS Agreement (1994 - WTO);
• WIPO Copyright Treaty (WCT, 1996) & WIPO Performances and Phonograms Treaty (WPPT, 1996);
• Regional Agreements;
• EU Copyright Directive (2019);
• USMCA (2020).

International treaties do NOT apply directly in China. Instead, treaties must be transposed into Chinese law. And China declares "reservations" to limit some treaty obligations. In practice, Chinese courts rarely cite treaties directly in IP cases.

8) What should be taken into account when entering into licensing agreements for the use of digital content?

1) Regulatory Compliance

Copyright Law:

• Explicitly recognizes digital rights;
• Imposes liability for circumventing technological protection measures and tampering with rights management information.

Administrative Approvals:

• Digital content (games, films, music) often requires pre-approval from administrations;
• Foreign content may face additional scrutiny under Cybersecurity Law and Data Security Law.

Industry-Specific Rules:

• Games: require ISBN license + content review;
• Audiovisual Content: platforms need an "Online Audiovisual Service License."

2) Precise Scope of License

3) Royalty Structures

4) IP Ownership Clauses

6) Enforcement & Dispute Resolution

6) Other factors for this specific project

 

9) How can copyright infringement be monitored online, and what actions should be taken in response to detected instances of piracy?

1) Monitoring: 

• Automated scanning tools;
• Platform-integrated systems;
• Third-party services: tools scan torrent sites, social media, and e-commerce platforms.
• Government monitoring systems;
• Manual monitoring.

2) Responding to infringement (piracy):

• Immediate takedowns (most common);
• Administrative enforcement (fast & cost-effective);
• Civil litigation (high-value claims);
• Criminal prosecution (serious situation).

10) What sanctions are provided for copyright infringement on the internet, and how can their enforcement be ensured?

Copyright infringement would risk administrative, civil, and criminal sanctions, enforced through a combination of state agencies, judicial mechanisms, and technological measures. 

Practices for ensuring enforcement mainly are as follows:

• Using administrative channels for rapid results;
• Preserving court-accepted evidence tools (blockchain/notarization);
• Targeting specialized IP courts for high-value claims with property preservation measures;
• Collaborating with platforms and industry groups for systemic impact.