Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Copyright Takedowns in China, Part 2: Audiovisual and Sound Recordings in the Cloud

By Mathew Alderson & Grace Yang on December 7, 2015
Email this postTweet this postLike this postShare this post on LinkedIn

 

China copyright takedowns

This is the second in our series on online copyright takedowns. In Copyright Takedowns in China, we provided a general summary of the regulations that establish the takedown procedures. These regulations enable enforcement of the “right of communication through an information network” as it applies to sound recordings and audiovisual recordings. In that same post, we also looked at how providers of storage space face more liabilities than those merely providing searching or linking services. In this second post we look at how the takedown regulations apply to cloud service providers.

In a recent circular, the National Copyright Administration of China made it clear that the notice and takedown regime applies to cloud service providers. They must publish the notice and takedown procedure in an obvious place on their homepages. They must process notices and complaints in a timely manner and, moreover, must remove infringing materials, and delete or disconnect infringing links, within 24 hours of receiving the notice or complaint.

Here is a quick summary of the key provisions of the circular:

  • Cloud storage providers must prohibit the upload or storage of the following works: (1) works that have been removed in accordance with the IPR owner’s notices; (2) works for which the IPR owners have made their right ownership announcements or statements available to the cloud service providers; and (3) works under heightened protection that are published by the relevant copyright authorities.
  • Cloud storage providers must prohibit the upload or storage the following works without authorization: (1) works that are currently being broadcast or televised or that are “hot selling”; (2) works published or produced by professional publishing, film, television or music institutions; or (3) other works that are “obviously” without authorization.
  • Cloud storage providers must strengthen their monitoring of the activities of users by requiring users to explain any suspect activities, such as abnormal logins or data fluctuations.
  • Cloud storage providers are prohibited from editing, recommending or changing the uploaded or stored works in any way or inducing or encouraging the users to share works without authorization or facilitating unauthorized sharing in any way.
  • Cloud storage providers must maintain users’ registration information and comply with official requests to provide information such as works that were uploaded, shared or stored by users, URLs or domain names.
  • Cloud storage providers must establish a mechanism for punishing repeat offenders, such as blacklists, suspensions or the termination of services.

In our next post in this series we will look at the practicalities of having audiovisual recordings and sound recordings taken down according to the Chinese notice and takedown regulations.

Photo of Mathew Alderson Mathew Alderson

Mathew is an international transactional lawyer and corporate advisor with a focus on entertainment, technology, and creative industries. Mathew represents major Hollywood studios and producers on both motion picture and television projects, and he leads Harris Bricken’s China media and entertainment practice from…

Mathew is an international transactional lawyer and corporate advisor with a focus on entertainment, technology, and creative industries. Mathew represents major Hollywood studios and producers on both motion picture and television projects, and he leads Harris Bricken’s China media and entertainment practice from Beijing.

Read more about Mathew AldersonEmailMathew's Linkedin Profile
Show more Show less
Photo of Grace Yang Grace Yang

Working out of Seattle and Beijing, Grace is Harris Bricken’s lead attorney on China labor and employment law matters and the author of a book, the China Employment Law Guide. She is a native Beijinger who has studied and lived in the…

Working out of Seattle and Beijing, Grace is Harris Bricken’s lead attorney on China labor and employment law matters and the author of a book, the China Employment Law Guide. She is a native Beijinger who has studied and lived in the United States for many years. She is fluent in English and in Mandarin Chinese, and works out of Harris Bricken’s Beijing and Seattle offices. Her international background gives her a deep understanding of both American and Chinese cultures and legal systems.

Read more about Grace YangEmailGrace's Linkedin Profile
Show more Show less
  • Posted in:
    Intellectual Property
  • Blog:
    China Law Blog
  • Organization:
    Harris Sliwoski
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo