It cannot be denied that today, the internet has become an extremely popular tool to transmit work to the public. However, in the internet environment, the problem of copyright infringement has become serious and requires the coordination of many parties to prevent it, including businesses providing intermediary services.
1. What is an intermediary service provider?
Joint Circular No. 07/2012/TTLT-BTTTT-BVHTTDL stipulates the responsibilities of intermediary service providers in protecting copyright and related rights on the regulated internet and telecommunications network environment. Regulations on intermediary services and businesses providing intermediary services are as follows:
“1. Intermediary services include telecommunications services, Internet services, online social network services, digital information search services, digital information storage space rental services including space rental services Store electronic information pages.
2. Enterprises providing intermediary services include:
a) Enterprises providing Internet services;
b) Telecommunications enterprises;
c) Enterprises providing digital information storage space rental services, including website storage space rental services;
d) Enterprises providing online social network services;
dd) Enterprises providing digital information search services.
3. Digital information content includes works, performances, audio recordings, video recordings, and broadcast programs that have been digitized and processed, stored, exchanged, transmitted, and provided in the environment. Internet and telecommunications networks.”
According to Clause 1, Article 198b of the Intellectual Property Law, an intermediary service provider is an enterprise that provides technical means for organizations and individuals to use the service to upload digital information content to the telecommunications network environment. and the Internet; Providing online connections for the public to access and use digital information content on telecommunications networks and the Internet.
2. Legal responsibility of intermediary service providers for acts of infringement of copyright and related rights
According to Article 198b of the Intellectual Property Law, enterprises providing intermediary services have the following responsibilities:
- Enterprises providing intermediary services are responsible for implementing technical measures and coordinating with competent state agencies and rights holders to enforce measures to protect copyright and related rights on the Internet. telecommunications network and Internet environment.
- Enterprises providing intermediary services are exempt from legal liability for acts of infringement of copyright and related rights on the telecommunications network and Internet environment related to the provision or use of their services. in the following cases:
- Only transmit digital information content or provide access to digital information content;
- When performing the buffer storage function during the information transmission process, intermediary service providers must do so automatically and temporarily to transfer information and make information transmission effective. more effectively, under the following conditions: only transform information for technological reasons; comply with the conditions for accessing and using digital information content; comply with specified rules for updating digital information content in a manner that is widely recognized and used by the industry; does not prevent the lawful use of technology generally recognized in industry to obtain data on the use of digital information content; remove digital information content or deny access to digital information content when it is known that the digital information content has been removed at the originating source or that the originating source has canceled access to the digital information content there;
- Store digital information content of service users at the request of service users under the following conditions: without knowing that such digital information content infringes copyright or related rights; Take action to quickly remove or prevent access to such digital information content when knowing that such digital information content violates copyright or related rights;
- Other cases according to Government regulations.
- Enterprises providing intermediary services that are exempt from liability in the above cases do not have to monitor their services or proactively search for evidence indicating infringement.
In particular, digital information content is the work and related rights objects protected under the provisions of the Intellectual Property Law expressed in digital form. More specifically, Joint Circular No. 07/2012/TTLT-BTTTT-BVHTTDL stipulates what enterprises providing intermediary services must do as follows:
- Storing digital information content in our service provision system is only temporary, automatic, and time-limited, enough to meet the technical requirements of transmitting digital information content.
- Comply with the inspection and examination work of competent state management agencies according to regulations on copyright and related rights.
- Remove and delete digital information content that violates copyright and related rights, cut, stop, and temporarily suspend Internet transmission lines and telecommunications transmission lines upon receipt of a written request from the Inspectorate of the Ministry of Information and Communications. or the Inspectorate of the Ministry of Culture, Sports and Tourism or other competent state agencies as prescribed by law.
- Provide information about customers renting space to store digital information content, websites, and customers using other intermediary services at the request of the Inspector of the Ministry of Information and Communications or the Inspector of the Ministry of Culture. Culture, Sports, and Tourism or other competent state agencies.
- Be directly responsible for compensation for damages caused by violations of copyright and related rights according to the provisions of intellectual property law and other relevant laws in the following cases:
- Being the initial source of posting, transmitting, or providing digital information content via telecommunications networks and the Internet without the permission of the right holder;
- Edit, crop, or copy digital information content in any form without the permission of the rights holder;
- Intentionally cancel or disable technical measures implemented by rights holders to protect copyright and related rights;
- Acting as a secondary distribution source of digital information content due to violation of copyright and related rights.
- In addition to the above contents, businesses providing online social networking services must also carry out the following responsibilities:
- Require service users to commit to fulfilling their responsibility to ensure the legal use of digital information content posted on the Internet and telecommunications networks;
- Warning of liability for civil damages, possibility of administrative sanctions, and criminal prosecution for individual online social network users who violate copyright rights, and related rights.
It can be seen that businesses providing intermediary services have clearly defined responsibilities in preventing violations of copyright and related rights. However, in certain cases, intermediary businesses are exempt from legal liability for acts of infringement of copyright and related rights on the telecommunications network and Internet environment.
Above is the article “Legal Liability of Intermediary Service Providers for Acts of Infringing upon Copyright and related rights“. We hope this article is useful to you.
