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Wang Meng v. Shiji Hulian Communication Technology Co., Ltd. (Dispute over infringement of copyright)

 According to Article 10, Paragraph 5 of the Copyright Law, the right of use and the right to compensation mean the right to use one's work through means such as its reproduction, performance, broadcast, exhibition and distribution, the production of cinema, television or video, or its adaptation, translation, annotation or compilation, as well as the right to authorize others to use the work by the above mentioned means and thereby receive compensation. Using the work of another on the internet is one way to use a work and requires the permission of the copyright owner. Therefore, the use of a work on the internet without the permission of its owner is infringement upon copyright. According to Article 45 of the Copyright Law, the infringer is to, depending on the circumstances, assume civil liability by means such as ceasing the infringing act, eliminating the effects of the act, making a public apology or paying compensation for damages.

For Chinese translation click here

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Document type: China IP Law
Categories: Case analysis | Copyrights and related rights
Tags: Appeal | Infringement
Making body: Beijing First Intermediate People's Court
Law Type: case analysis
Effective Start Date: 17 Dec 1999
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