Focus

Internet movie fans fear twist in the tale

By Jiang Xueqing (China Daily)
Updated: 2010-11-18 07:48

 

Paying attention

Since being set up in April, the CFCA has found the vast majority of China's 138,000 registered wang ba have contracts with 20 or so movie providers.

Although the companies claim to have copyright permission for Chinese films, a CFCA statement said most do not, accusing others of offering pirated versions. The 2,000 to 4,000 yuan a year they charge for their services is also unlikely to cover the cost of the licenses.

Legal experts warn that, even with a contract that puts the onus on movie providers to get clearance, Internet cafes are not immune to prosecution.

If a wang ba does not pay up and is found to be screening copyrighted movies without permission, the CFCA can sue them on behalf of its members. Individual copyright holders can also complain to local and central authorities.

Administrative penalties include warnings, fines and confiscation of equipment used in copyright violations.

"Internet cafe owners should pay due attention while obtaining copyright licensing from an agent company (such as movie providers)," said Wang Qian, a professor with the intellectual property school at East China University of Political Science and Law.

"They should ask for the original licensing contracts with the copyright owner and check the authenticity, rather than taking an agent's word for it," he said. "Otherwise, the Internet cafe will be held liable."

Business owners say, however, that they have neither the knowledge nor resources to double check the hundreds of movies downloaded onto their servers.

It is just not feasible, said Sun Qi, chairman of the Beijing Internet Cafe Association, who equated the suggestion to "asking every consumer who bought (tainted) Sanlu milk powder to check its safety before drinking".

"According to the business license, a wang ba can only provide Internet access services," he said. "So, checking film copyright information is beyond its duties and abilities."

At an August seminar hosted by the Supreme People's Court, Sun Qi urged authorities to accept the promise by movie providers in contracts as evidence of Internet cafes' due attention.

He also called for a public online platform where cafe managers can find basic copyright information on Chinese movies.