China’s Supreme Court Updates Copyright Dispute Rules
China’s Supreme People’s Court (SPC) has issued a decision amending its judicial interpretation on copyright civil dispute cases, providing clearer legal guidance for courts handling intellectual property matters in the digital age. The amended interpretation, designated as Fa Shi [2026] No. 18, was announced on August 20 and will take effect on September 1, 2026, according to Xinhua News.
Background and Purpose
The amendment updates the “Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Civil Dispute Cases Involving Copyright,” originally adopted in 2002 and revised in 2020. The changes aim to correctly apply the 2020 amended Copyright Law, strengthen intellectual property protection, and balance rights protection with public interest.
According to the SPC’s announcement, the decision “adheres to strict protection of intellectual property rights” and addresses key difficult issues in copyright judicial practice, including the determination of work publication, the boundaries of fair use, and the scope of statutory licensing for newspaper and periodical reprinting. As China News Service reported, the amendments refine legal application standards, unify case adjudication criteria, and provide clear litigation guidance for parties and behavioral expectations for the market.
The decision was approved at the 1,976th meeting of the SPC Judicial Committee on May 25, 2026.
Key Changes
Clarified “Public Disclosure” Standard
The amendment removes the limitation that public disclosure must be made “by the copyright owner or with the copyright owner’s permission” from Article 9 of the original interpretation. The term “public disclosure” (gong zhi yu zhong) is now defined as making a work available to unspecified persons, without requiring that the public actually becomes aware of it. This change reflects the recognition in intellectual property theory and judicial practice that disclosure of a work through another’s infringement also constitutes public disclosure.
Expanded Fair Use for Public Artworks
The interpretation expands the scope of fair use from “works of art in outdoor public places” to “works of art in public places,” aligning with Article 24, paragraph 1, item 10 of the 2020 amended Copyright Law. This expansion covers public and commercial art galleries, exhibition halls, and other indoor venues. However, the amendment adds a proviso: while copying, painting, photographing, or recording artworks in public places is permitted, the results cannot be used to set up, display, or publicly disseminate in the same manner without the copyright owner’s permission.
Digital-Era Statutory Licensing Rules
The amendment clarifies that statutory licensing for newspaper and periodical reprinting applies to printed newspapers and periodicals approved by competent authorities, as well as digital versions consistent with their content and layout format. Crucially, the new rules specify that reprinting between newspapers/periodicals and internet service providers, or between internet service providers, requires explicit permission from copyright holders and payment of remuneration. This clarification, reported by CCTV News, addresses the growing complexity of content distribution in the digital media landscape.
Implications
The amendments carry significant implications for courts, media companies, and content creators. For courts, the clarified standards for determining “public disclosure” will reduce uncertainty in copyright litigation, particularly in cases involving unauthorized online distribution. For internet service providers and digital media platforms, the new rules mean they must now obtain explicit permission and pay remuneration when reprinting published works, rather than relying on statutory licensing provisions.
Content creators will benefit from expanded fair use provisions for public artworks, providing more freedom for artists, photographers, and videographers to incorporate public artworks into their creative work. The new proviso, however, protects against commercial exploitation that could undermine the original creator’s exhibition rights.
The amendments are part of China’s broader strategy to strengthen intellectual property protection as a driver of innovation and economic development. The SPC has been actively updating judicial interpretations to keep pace with technological developments, reflecting China’s recognition that effective IP protection is essential for innovation-driven economic growth. The original 2002 interpretation, available on the SPC IP Court website, has been a foundational document in this effort.
What’s Next
As the amended interpretation takes effect on September 1, courts across China will begin applying the new standards in copyright disputes. Key questions remain about how the “public disclosure” standard will be applied in practice, particularly in cases involving online platforms, and how internet service providers will adjust their content acquisition practices in response to the clarified reprinting rules. The amendments also signal that China continues to refine its copyright framework to address the challenges of the digital economy, a development closely watched by foreign companies operating in China and international media organizations distributing content in the country.