Some Chinese netizens indicate regrets when two Chinese subtitles websites announced its closure recently.

The closure of the two websites mainly because there were some hidden troubles in copyright. The Chinese Fansub Group is a not-for-profit voluntary team, and its translation activity failed to obtain a permit from original copyright holder. So which legal issues involve in such translation action? "There are mainly two possible legal issues, the first is whether the subtitles documentaries need to ask right holder for permission, and the second is whether the subtitles are valid and infringed after it is uploaded to website. "said Zhan Yi, the Executive Director of Shanghai Kehui Law Office, and member of China Law Society.

About the first question, Zhan Yi says, if Fansub Group merely translates the subtitles of the foreign films into Chinese edition, without any commercial affairs, it can't be illegal. Of course, any commercial affairs could be the exception. For the second question, according to Zhan Yi, "It is fair use for Fansub Group for the following reasons: on one hand, the production and spreading of output subtitle file is helpful to the cultural communication, and also be helpful to the balance between public cultural interests and interests of copyright holders, which is in line with the intention of copyright law; on the other hand, the subtitle file is free for the netizens, without any commercial intention. At the same time, if any copyright holders declare the prohibition on the copy of his or her works, or any commercial intention occurs, we would exclude that exception.""On the one hand, the relevant departments have attached great importance to crack down infringement, resulting in the shaping of a sound copyright protection environment.

On the other hand, the domestic online video websites spent heavily on copyright of foreign TV dramas, which are available to watch instantly. For such reasons, it is more and more difficult for Fansub Group to survive." said Zhan Yi.

Sources from a press conference held by the Information Office of the State Council said that, in recent years, in a bid to crack down infringement and counterfeiting goods, the relevant departments have been facilitating to establish a  long-term mechanism. "Since 2005, China's Internet copyright protection environment has been improved when the National Copyright Administration (NCA) has joining hands with other departments to wage a campaign against online infringement and piracy in network literature, music, video, game, cartoon and software." said the Director of Copyright Management Department of NAC. 

(China IP News)