This is the third in our series on online copyright takedowns. In Copyright Takedowns in China, we summarized the takedown procedure regulations. These regulations enable enforcing 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 Copyright Takedowns in China Part 2: Audiovisual and Sound Recordings in the Cloud, we looked at how the takedown regulations apply to cloud service providers.
Our international intellectual property lawyers are handling more and more takedown work these days and one thing is clear: if you ever expect to have infringing content taken down the single most important thing you should do is register your copyright in China in advance. The reason for this is simple. If you attempt to invoke China’s notice and takedown system the internet service provider will put you to your proof. If you do not have a Chinese copyright registration certificate ready to go you will need to prove your copyright ownership. Though Chinese network service providers each have their own requirements for this, all will require you provide a bunch of chain of title documents translated into Chinese. These documents will be essentially the same as those required to obtain a registration anyway. Once you have proven your ownership to a network service provider, you will have nothing to show for all the work, except, we would hope, the taking down of the infringing content in one instance. You will need to repeat the exercise again and again if numerous sites are involved or if your content goes back up again on a site from which it was taken down.
So speed up the takedown process, and have something to show for your work, by registering your copyrights in China NOW. If you have your chain of title ducks in a row it will be quick and inexpensive to get a registration. You will then be ready to strike.