On December 13, the Shanghai Putuo District People's Procuratorate held a press conference to jointly issue the Guidelines for the Protection and Compliance of Technical Measures for Enterprises' Digital Copyrights (hereinafter referred to as the "Guidelines") together with the Intellectual Property Office of the Shanghai Municipal People's Procuratorate, the Shanghai Copyright Society, and the Putuo District Bureau of Culture and Tourism.
The Guidelines put forward comprehensive guidelines for the protection of digital copyright by enterprises in scenarios such as technical measures for the protection of digital copyright, confirmation of digital copyright, protection loopholes, compliance risks, and how to protect rights. It is mainly aimed at computer software companies, online game companies, online audio and video companies, network ** companies and other enterprises that enjoy digital copyright and are suitable for the development and application of technical measures.
In recent years, online games, online literary works, online film and television, short films, etc. have flourished, and digitalization has become the main way of information dissemination, and all kinds of copyrights have shown very obvious network characteristics. While works are highly digital, infringements are increasingly networked. The Shanghai Municipal Procuratorate has taken the lead in carrying out the comprehensive performance of intellectual property procuratorial duties, formulated practical policies for the judicial protection of copyright, and handled a number of new, difficult, complex and leading copyright infringement cases.
It is necessary to give full play to the role of procuratorial think tanks, borrowing wisdom and strength from the administrative departments for copyright administration, actively responding to and resolving all kinds of new problems and challenges faced in the course of carrying out work, and improving the quality and effectiveness of digital copyright procuratorial and protection work. Gu Xiaojun, director of the Fourth Procuratorate Department (Intellectual Property Office) of the Shanghai Municipal People's Procuratorate, said. Zhang Hong, President of the Shanghai Copyright Society, said: "Enterprises still have the problem of weak copyright awareness or excessive protection measures in the process of operation and management, and the issuance of the Guidelines is timely, necessary and of practical significance. ”
In order to better strengthen the judicial protection of online intellectual property rights such as digital copyright and digital content works, and promote the enrichment of comprehensive protection measures for digital copyright, on the basis of combing and analyzing relevant cases, the Putuo District Procuratorate drafted the Guidelines, with a view to helping improve the comprehensive copyright protection system, stimulating the creative vitality of high-quality copyright works, and contributing to the protection and regulation of digital technology, digital industry and digital market in accordance with the law.
To protect digital copyright, businesses can take technological measures. Article 2 of the Guidelines reminds enterprises that they may adopt effective technologies, devices or components to prevent or restrict the viewing and appreciation of digital works, performances, audio and video recordings without the permission of the right holder, or to provide digital works, performances, audio and video recordings to the public through information networks. Technical measures can have functions such as protecting the security of the network, data, and personal information.
How can enterprises protect their digital copyrights and avoid the risk of infringing on others?The Guidelines remind enterprises to improve the mechanism for the development, application and protection of digital copyrights, and regard the development, application and protection of technological measures as an integral part of the protection and management of intellectual property rights. Article 9 reminds enterprises that if they discover loopholes in copyright protection, technical measures, secrets, network security, etc., they should promptly fix them. Article 10 of the Guidelines reminds enterprises and their employees of the infringement situations that should be avoided in the development, use and protection of digital copyright and its technical measures.
How to confirm the right to digital copyright?Article 5 of the Guidelines reminds that "enterprises shall properly preserve all kinds of original materials for obtaining digital copyright and licenses, such as creative manuscripts, original works, legal publications, computer software sources**, copyright licensing contracts and other contracts for obtaining rights, proof of publication of works, certificates issued by certification bodies, etc." ”
If infringement has occurred, Article 12 of the Guidelines mentions that "enterprises may cooperate with professional service institutions such as legal services, intellectual property rights, and cybersecurity to carry out market infringement monitoring, and collect and fix original evidence in a timely manner in accordance with the law." ”
At the press conference, Dai Yi, Deputy Director of the Copyright Management Division of the Shanghai Municipal Copyright Administration, said that the Shanghai Municipal Copyright Administration and the procuratorate will continue to strengthen exchanges and cooperation, form a joint force for digital copyright protection, promote the realization of a win-win situation of strict protection and innovation in the field of digital copyright, and jointly contribute to the construction of a highland for digital copyright protection.
Author: Zhang Xiaoming, Wang Xiaodan.
Text: Zhang Xiaoming, Wang Xiaodantu: Photo provided by the interviewee Editor: Wang Wanyi Responsible editor: Zhu Yue.
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