In cases of copyright or related rights infringement on the Internet, copyright and related rights owners have the right to request intermediary service providers to remove or block access to information that is infringing on copyright and related rights. However, according to the law, when making a request, the owner of copyright and related rights must also provide documents and evidence proving ownership of rights to the enterprise providing intermediate services time. Therefore, what documents and evidence do rights owners need to prepare specifically?
According to Article 114 of Decree 17/2023/ND-CP, when a copyright or related rights holder submits a request to remove or prevent access to digital information content that infringes copyright or related rights, It will be necessary to attach documents and evidence proving that the subject has rights to the property that is infringed upon by copyright or related rights. The documents and evidence that need to be prepared are specified in Clause 4 of Decree 17/2023/ND-CP, specifically as follows:
1. Information of the requesting party or requested party: Name; current address; E-mail address; contact phone number; ID card number, citizen identification card or passport for individuals; business registration number, establishment decision or establishment license for organizations;
2. Evidence proving the right holder, in which the copyright and related rights holder must commit to taking responsibility for the legality of the dossier;
- For registered copyrights and related rights:
- A copy of the Copyright Registration Certificate and Related Rights Registration Certificate, enclosed with the original for comparison, unless the copy has been authenticated according to regulations;
- An extract from the National Register of Copyright and related rights or copyright certification issued by a competent state agency.
- For unregistered copyright and related rights:
- Original or copy of a work, fixation of a performance, audio recording, video recording, broadcast program, satellite signal carrying an encrypted program with the name of the right holder listed as prescribed in Article 198a of the Intellectual Property Law[1] and Article 59 of Decree 17/2023/ND-CP[2];
- Other documents proving the creation, publication, performance, distribution, broadcast, and communication of the above objects and accompanying documents and evidence (if any);
3. Digitally signed document of the requesting party or the requested party committing to bear all legal responsibility for their request to remove, prevent, or object, including responsibility to compensate for all damages to the parties involved. related parties if any damage occurs;
4. Evidence proving infringement of copyright and related rights and damage caused:
- Original or legal copy of works, performances, audio recordings, video recordings, broadcast programs (subjects protected by copyright and related rights);
- Relevant documents, artifacts, photos, audio and video recordings of the subject under consideration;
- Explanation and comparison between the subject under consideration and the subject protected by copyright and related rights;
- Minutes, testimonies, certificates, and other documents to prove infringement.
- Documents and artifacts mentioned above must be made into a list, with the signature of the person requesting handling of infringement.
5. The requesting party must provide information about the location and link leading to digital information content that infringes copyright and related rights, and a description of the infringing content. The requested party must provide information about the location and link to the digital information content that is being temporarily removed or blocked;
6. Authorization document as prescribed by law in case the requesting party or the requested party is the authorized party.
Above is the content of the article “When requesting an intermediary service provider to remove or prevent access to information, what documents and evidence should the copyright and related rights holders prepare?”. I hope this article is useful to you.
