Copyright Owners' Rights over the Internet

On May 18 2006, the State Council issued the Regulations for the Protection of the Broadcast Rights over Information Networks (the Regulations), which address the exclusive right of copyright owners to disseminate copyrighted works over the internet. The Regulations also provide, for the first time, 'safe harbour' provisions for certain internet service providers (ISPs) in connection with claims of copyright infringement made by copyright owners. A practical example of how the Regulations may impact on such claims is discussed in the following case involving the alleged copyright infringement by the owner and operator of www.baidu.com (Baidu).