(2) Strengthening Self-Discipline to Effectively Protect Copyright on the Internet
As websites enrich their content, we should properly balance the interests of copyright holders, online information providers and website operators. In a bid to put copyright on the Internet under effective protection, the ISC has strengthened industry self-discipline, pushed for the adoption of laws to protect the copyright of Internet information and created a platform for verifying copyright claims. It also organizes bulk purchases of copyrighted works, mediates copyright disputes, carries out copyright certification and helps raise Internet companies' awareness of copyright protection.
In 2005, the ISC adopted the Self-Disciplinary Convention on Internet Copyright to standardize Internet companies’ self-discipline and self-regulation efforts. To date, more than 200 Internet companies have signed the convention and put it into practice
The ISC has organized Internet companies to take part in the formulation of some industry rules, such as the Regulations on the Protection of Communication Rights for Information Networks, Measures for the Administrative Protection of Internet Copyright and the standard format for copyright holders’ notices to Internet companies, either demanding they delete their works or cancel the links to their works, or asking them to restore the works and links.
The ISC has created a platform for registering Internet copyright and verifying Internet copyright claims, an early warning mechanism for Internet copyright violations and the gateway to verify copyright claims for foreign works. These efforts have helped accelerate the distribution of copyrighted material and reduce the operational risks of the Internet industry, especially companies dealing in audiovisual works in purchasing copyrighted material. For instance, Baidu.com Inc. of China and U.S. copyright agent EMI Music have scored win-win results by agreeing to share music copyright. The ISC has played a role in bringing about the cooperation between the National Geographic Channel and China Telecom and China Netcom in entertainment shows.
The ISC has devised a procedure to ferret out reporting agencies that give fake copyright authorization and released a blacklist of such agencies. For instance, it coordinated a collective action of Internet companies to successfully uncover copyright violations by Beijing Jinhudong Technologies Co. Ltd., the first copyright authorization fraud to involve criminal liabilities in China. The company, which sold copyrighted material with fake copyright authorization documents, allegedly infringed on the copyright of thousands of movies from a dozen of countries and regions including the Chinese mainland, Hong Kong, Taiwan, the United States, Japan and South Korea.
The ISC has established a mediation center to resolve disputes between its members and those between its members and other Internet companies and copyright holders, with the purpose of simplifying dispute settlement procedures and saving legal resources. The center has thus far handled some 100 disputes, more than 80 percent of which have been successfully settled through mediation. As quick settlement benefits both parties of a dispute, 40 Internet companies and five copyright agents have submitted their "letters of intent on seeking mediation for disputes over Internet copyright" to the center. All of them have promised to resort to mediation as the first option to address possible copyright disputes. The mediation center also monitors copyright disputes and provides Internet companies with information services.
The ISC tries to raise Internet companies' awareness of copyright protection by organizing exchange and training programs for them and inviting them to attend court hearings of typical copyright cases. Copyright on the Internet is an important part of intellectual property rights. It is easy to commit copyright violations on the Internet,but difficult and costly to prevent them. Strengthened international cooperation is badly needed in this field.
