The Provisions on Several Issues concerning the Application of Laws in the Trial of Civil Cases of Infringement of the Right of Communication through Information Network entered into force on 1 Jan. 2013.
There are 16 articles in total, which aim to interpret the PRC Copyright Law and other relevant laws, that is, under what circumstances will the actor infringe on the right of communication through information network. The key points are as follows:
- Unless otherwise provided by laws and administrative regulations, the court shall find network users and/or network service providers infringing the right of communication through information network if they provide the works through the information network without the permission of the right holder.
- If the plaintiff has prima facie evidence to prove that the network service provider has provided relevant works, performances, audio and video products, but the network service provider can prove that it only provides network services without committing any fault, the court shall not find the network service provider guilty of an infringement.