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The Revised Copyright Law of China will Take Effect on June 1, 2021

The newly revised Copyright Law will take effect on June 1, 2021. The revised Copyright Law has perfected the relevant regulations on copyright protection in cyberspace, in particular, greatly increasing the upper limit of legal compensation for infringement and clarifying the principle of punitive damages, which further "supports" creators in safeguarding their legitimate rights and interests.

The newly revised Copyright Law provides for a series of punitive measures, greatly increasing the cost of infringement. For intentional infringement, if the circumstances are serious, punitive damages of more than one time and less than five times the amount of compensation may be applied. If the actual loss of the right holder, the illegal income of the infringer, and the royalties are difficult to calculate, the court shall, based on the circumstances of the infringement, award a compensation of not less than RMB 500 but not more than RMB 5 million.

The newly revised Copyright Law also adjusted the definition of "work", and changed the expression of "movie works and works created by methods similar to film production" in the current law to "audiovisual works". This means that the scope of copyright protection is further expanded, and new types of works such as short online videos will be strongly protected.

 

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