Court warns against film pirates

Filmmakers to get better legal support when it comes to copyright infringement

China's top court has called for stronger copyright protection for films, advocating for the use of technologies to prevent infringement, and to protect the rights and interests of the filmmaking industry.

The Supreme People's Court made the remarks at an intellectual property protection forum held at the same time as the 2023 China Golden Rooster and Hundred Flowers Film Festival, which was held in Xiamen, Fujian province, from Wednesday to Sunday.

The Golden Rooster Awards are to China as the Academy Awards are to the United States.

Highlighting the importance of protecting IP rights for film, Lin Guanghai, chief judge of the top court's No 3 Civil Adjudication Tribunal, said that it serves and advances the development of the filmmaking industry and meets the demand of the public.

He added that it also contributes to the implementation of Xi Jinping Thought on Culture, which was put forward at a national meeting on work related to public communication and culture last month.

He cited data noting that Chinese courts concluded 11,600 IP cases related to films from 2013 to last year, revealing that the average annual growth rate of such disputes in the past five years was 7.4 percent, 4.7 percentage points higher than that of civil cases involving personal and property rights in the same period.

In 2020, four people were given sentences ranging from four to six years in prison, plus fines, by the Yangzhou Intermediate People's Court in Jiangsu province, after they were found to have sought profits by pirating hundreds of films, including The Wandering Earth and Crazy Alien, using high-definition cameras in cinema screenings from June 2016 to February 2019.

The Yangzhou court identified the behavior as copyright infringement, adding "the prison terms for the four criminals were to harshly crack down on piracy and help facilitate the healthy development of the film industry".

In the face of the rising number of film-related IP cases, Lin urged courts nationwide to strictly follow the Copyright Law, "with stronger respect for scriptwriters, directors, photographers, lyricists, composers and performers".

During the forum, organized by the top court's IP judicial protection research center and the China Film Association, he said, "It is of great importance in accurately and significantly clarifying the copyright ownership of film works. Only in this way can we encourage the creation of more great films."

He suggested filmmakers and those engaged in the industry apply new technologies, such as blockchain and digital watermarking, to intensify the copyright protection of their works and prevent infringement from the root.

"It's essential to enhance people's awareness of IP protection through online and offline means, including through forums and anti-piracy public service advertising," he added.

Tao Kaiyuan, vice-president of the top court, said at the forum that protecting and encouraging art innovation needs efforts from all walks of life, with measures taken by various departments, including those on rule of law, administration, economy and technology.

Expressing strong determination to protect IP rights in the film industry, she added the Chinese court was willing to join hands with other departments to promote cultural development in the new era.