How To Protect Your Copyright In China
According to Xinhua, the Beijing Second Intermediate People's Court just today issued a favorable ruling on behalf of Twentieth Century Fox, Walt Disney, Paramount Pictures, Universal City Studios and Columbia Pictures in a copyright infringement action. The court ordered the Beijing Shiji Haihong Commerce and Trade Company to pay damages of 164,000 yuan (20,500 U.S. dollars) to these five Hollywood movie companies for having sold knock-off DVDs of 16 movies, including "The 40 Year-Old Virgin", "Mr and Mrs Smith" and "The Incredibles." The court ruled that the film studios hold the copyrights to the 16 movies and such copyrights are protected by Chinese law.
I actually would have been surprised if the court had ruled any other way and I applaud these movie companies for having the tenacity and foresight to pursue such an action. Though it is very doubtful that the court award will even come close to reimbursing the studios for the time and money they expended on the case, this victory, coupled with future victories, may serve to drive up the price of illegal DVDs and thereby increase the sales of the legal ones.
Just as in the United States, one can secure copyright protection in China without having to register the copyright, but certain benefits do accrue from registration. However, with only very limited exceptions, trademarks and patents must be registered in China for there to be any protection.
This case just highlights what we are constantly saying here: protection of your intellectual property is possible in China, but it does require effort.
Comments (3)
Read through and enter the discussion by using the form at the endEric Friedman - May 27, 2007 11:08 AM
I'm interesting in publishing a book in china. How do I go about actually getting my book a Chinese copyright?
Thanks so much!
Eric Friedman
Washington DC
China Law Blog - May 28, 2007 7:37 PM
Eric Friedman --
I cannot give individualized advice here, nor would I even want to with respect to your question. I say this becuase there is no way I can give you advice without knowing more about your project.
Perhaps you should first consult with your regular attorney (if you have one) and then look into securing someone to assist you on the ground in China.
David Li - May 29, 2007 4:58 AM
It's always fun to see those ruling hanging down from the Chinese court on copyright. Shanghai courts ruled in favor of BMG last year. However, looking at the penalty ordered by the court are often ridiculously. USD 20,500 for pirating "The Incredible?" I wonder how much billable hours for their lawyers it buys?
The Chinese courts may side with the copyright holder but will they increase the penalty to make such ruling actually meaningful?