China – IFPI succeeds in 'illegal music
download' case against China Yahoo!
In a recent decision in favour of the owners to provide URLs in respect of
International Federation of all alleged infringements.
Phonographic Industries (IFPI), the
Beijing No. 2 Intermediate People's In relation to some of the illegal
Court found China Yahoo! liable for downloading brought to China
copyright infringement because it Yahoo!’s attention, IFPI did provide
provided links to sites it knew were URLs. In relation to other illegal
permitting illegal music downloads. downloading, however, it only
IFPI was represented by Lu Sheng, provided details of the song
Rouse's associated law firm in China. concerned and proof of copyright
The Court held that in these cases
IFPI is an international industry body too, appropriate notice had been
representing record companies, given, and that China Yahoo! was
including many of the world’s largest. obliged to take action. In reaching
China Yahoo! is a search engine this conclusion, it relied on Art. 23 of
operated by Alibaba, China’s largest the Regulation, which obliges search
online commerce company, under engines to take action where they
licence from Yahoo! Inc. It allows 'know or ought to know' that
users to locate and download deep- infringing activity is taking place.
linked music files without payment.
China Yahoo! has appealed the
IFPI notified China Yahoo! of its Court’s decision.
members' rights in hundreds of songs
being illegally downloaded via links comment
provided by China Yahoo!. China
Yahoo! refused to remove the links This decision will be welcomed by
from its site and IFPI commenced copyright owners in China. It sends a
proceedings for copyright clear message to search engines that,
infringement on behalf of its once put on notice, they must take
members. steps to remove links to offending
material. The liberal approach taken
decision by the Court to notice requirements
should make it easier, in future, to
The Court held China Yahoo! liable for gain the co-operation of search
copyright infringement on the ground engines and have links to infringing
that it had failed to remove the links material removed.
in question following appropriate
In reaching its decision, the Court
broke new ground by relaxing the
notice requirements that are imposed For further information, please phone or email
on rights owners by Art. 14 of the your usual contact or email firstname.lastname@example.org.
For previous Alerts, see
Regulation for the Protection of http://www.iprights.com/our_publications/alerts
Information Network Distribution /index.asp
Rights. This Article obliges rights