Online media must think before ‘reprinting’ works from print

Not long ago, the Chongqing Daily Newspaper Press Group issued a copyright statement stating that the content in which its subsidiary press websites and platforms own the copyright is limited solely to its subsidiary media as the first online publication platforms. Save to the extent where it may reasonably be used under laws and regulations, no other website has the right to use the same without written authorisation.

This statement has again raised the question of whether reprinting and excerpting without the permission of the copyright holder constitutes copyright infringement, while triggering a debate over the issue of the legal basis for such a statement and the rights and obligations involved in the reprinting of print media works by online media.

Copyright holder’s permission

Under normal circumstances, whenever an online medium wishes to “reprint” a work from a paper medium, it is required to secure the permission of the copyright holder and pay remuneration. Item 12 of the first paragraph of article 10 of the Copyright Law specifies that a copyright holder has the right of communication via information networks, i.e. the right to make its work available to the public by wire or by wireless means, enabling the public to access the work at a time and from a place of their choosing.

Wang Yadong is the executive partner and Lu Lei is a partner at Run Ming Law Office