Renren case shows path on IPR protection of China

Shanghai police said on Wednesday they detained 14 suspects from the "Renren Film and Television Subtitle Group". They worked for Renren Yingshi, one of the most popular video sites streaming foreign TV shows. The action indicates China's strong determination to protect intellectual property rights.

In November last year, China amended its copyright law, the third such change since the law was passed in 1990. It shows China has been improving IPR legislation based on other countries' practices, and is trying to strike a balance between promotion of cultural exchange and protection of innovation.

The amended copyrights law states infringers shall be penalized for distributing published works of literature, art or science for commercial use without permission of the copyright owner, but allows the works to be cited, studied or reported on.

However, Renren has provided many foreign shows without the copyright owners' permission. The court must decide whether the suspects conducted crimes of IPR infringement. This raises an alarm for potential future cases. For instance, the background music playing in a hotel may also violate IPR protection law, since it is part of hotel service.

The nature of the Renren case depends on the definition of "publication and distribution". If a person translates subtitles for foreign programs for the purpose of academic study, research or amusement, he or she does not violate laws. But distributing them online constitutes publishing works without the permission of the copyright owner.

Some argue Renren's subtitle translators work without pay, and the programs with Chinese subtitles are used for communication among a specific group of viewers, so they did not violate laws. However, it has to be clarified copyrights also cover online platforms. No matter whether all the subtitle translators involved benefited from the distribution of foreign TV shows, such a practice does itself infringe on the IPR rights of those shows.

This IRP legislation has solicited much experience from similar laws and regulations in advanced countries. But China still needs to adapt it to China's own social and economic development. China's IPR law is a good legal weapon used to enhance intellectual property rights protection and safeguard the entitlement of the creators, disseminators and users.

On the other hand, the whole world needs to think about how to protect IPR protection more scientifically in the digital era. Human civilization is based on communication and mutual learning. Had translation and sharing of works not taken place in ancient times, it would not promote cultural exchanges between nations. But too strict IPR may curb the exchanges.

It is widely believed China is striving to enhance an IPR law enforcement system, despite the challenges of the digital era.  

Source: China Daily