Key Trends in Shanghai's Top 10 Copyright Cases for 2025 and Beyond
- jgodefroy1
- 1 day ago
- 5 min read
Shanghai's copyright landscape saw key developments over the last year, as the city’s Copyright Bureau unveiled its annual list of 10 high-impact copyright cases in July 2025. The cases cover civil, criminal, and administrative decisions, involving various fields such as software, games, films, music, and literature. The cases show the trend of importance of collaboration among judicial, administrative and law enforcement departments to shape the law across China in this fast moving and technology-fuelled environment.
Standout Cases - selection from the top 10 for Anti-Piracy
Infringement of Copyright in Genshin Impact’s Copyright
Case Overview: A Shanghai company used Genshin Impact’s character “Furina” to promote their exhibition without authorization. Upon investigation, it was found that the Shanghai company had posted promotional and ticket selling information for exhibitions such as “Shanghai-Genshin Impact x Honkai: Star Rail ONLY” on a video platform and used Genshin Impact’s character “Furina” on the promotional and ticket sale webpages. This was found to be making the work available to the public through the internet, without authorization. Shanghai Municipal Administration of Culture and Tourism fined the Shanghai company, fully reflecting the emphasis placed by the law enforcement on the protection of game character related IP.
Takeaway: Game codes, continuous game screens, game elements (character designs, props, scenes and maps) all qualify for copyright protection.
Short Video Platform Infringement: The Responsibilities of Internet Service Providers
Case Overview: A Beijing company was sued for operating a popular short-video app for hosting and aggregating infringing short clips of the series Empresses in the Palace. Despite receiving takedown notices, the platform failed to delete the infringing links. The court found the platform liable for contributory infringement, ordering a ¥1.6 million (roughly $223,783.1) in damages. Appeals were dismissed, and the original ruling stood.
Takeaway: Internet service providers should take reasonable measures to delete or block infringing contents after receiving notification from right holders, or when they should have otherwise known about the infringement. Otherwise, their act can constitute an act of contributory infringement.
Cracking Down on “Black and Gray” Game Private Servers
Case Overview: Defendants knowingly facilitated financial transactions for and promoted a pirate game Star Moon Dota, which is a game private server that infringes on others’ copyright. The Shanghai court sentenced the defendants to prison terms and fines, while also ordering compensation to the rights holder. Private servers are unauthorised versions of an online game, often with all content (including paywalled content) unlocked.
Takeaway: Although not directly operating the game private server, if one provides services such as fund settlement, promotion and download for the private server while being aware that the private server infringes on copyright, such conduct may constitute a joint crime of copyright infringement.
Historical Facts in Non-Fiction: Copyright Boundaries Clarified
Case Overview: The author of the documentary literature Revealing the Secrets of the Sino-Russian International Train Robbery sued the producer of the TV drama Moscow Operation, claiming that the defendant had used content from the documentary literature in the TV drama without authorization, which infringed their copyright. While initially awarding damages at first instance, the appellate court found that the book’s facts, characters, and events were historical and thus not protected by copyright, overturning the earlier ruling.
Takeaway: Historical facts in non-fiction works are free for all to use and are not protected under copyright law
Unauthorized Online Distribution of Music
Case Overview: An individual converted audio music into music videos and uploaded the videos to a video platform without authorization, garnering over 30 million views and earning revenue from the platform. He was sentenced to nearly three years in prison, with the sentence suspended, and was fined.
Takeaway: The coordination among administrative, judicial, procuratorial and public security departments has significantly improved the efficiency of case handling.
Software Piracy Meets Punitive Damages
Case Overview: A Shanghai company repeatedly used unlicensed SketchUp software and ignored a court’s preservation ruling. In the subsequent trial, the court held that the Shanghai company, despite the right holder's repeated demands to cease the infringement, not only continued the infringing acts but also refused to enforce the court's effective evidence preservation ruling. The Shanghai company was found to have intentional infringement with serious circumstances; thus, punitive damages were applied, totalling ¥6 million (roughly $833,333).
Takeaway: Repeat offenders (and/or those that ignore court orders) can trigger the application of punitive damages.
3 Key Trends Shaping Copyright Enforcement in China
We have picked out Shanghai Copyright Bureau's top 3 trends with case examples:
Precision in Law Application: Setting precedents for future disputes
The first key trend is precision in law applications effectively regulating industry practices and establishing exemplary cases for similar disputes, showcasing how courts are clarifying complex legal boundaries and providing clear guidance for both industry players and legal practitioners.
Cases in Point
Clarifying the boundary of responsibilities for internet service providers. In disputes involving short video platforms aggregating and disseminating audiovisual content, the courts conducted a multi-dimensional analysis of the “knew or should have known” standard, clarifying the liability boundaries for online service providers that push aggregated infringing content to their users. This is a key trend on the growing role and therefore responsibility of platforms: where platforms should be aware of infringement, they must take reasonable steps to stop it.
Non-traditional types of contracts cases offer valuable reference points. Cases involving complex film contracts and copyright ownership defined the parties’ rights and obligations in hybrid agreements and sort out the rights and obligations of all parties involved in new types of contracts relevant to the copyright space.
Distinguishing factors between factual description and original expressions was clearly articulated. It has been confirmed that historical facts are not protected under copyright law. This differentiation helps guide the cultural market towards more regulated and transparent operations.
Cross-Departmental Collaboration and Full-Chain Crackdowns
Another significant trend is the emphasis on cross-departmental collaboration and a full-chain crackdown on IP infringement and piracy, fostering a healthier environment for the cultural and creative industries.
Cases in Point
Crack down on “black and grey industries”. In cases involving unauthorized game private servers, authorities cracked down on illegal settlement and promotion activities. Private servers hurt gaming companies by allowing users to play the full game off their servers and unlock all paywall or advertising funded content without progressing through the game in the usual way (and often for the profit of the private server).
Support the development of the gaming industry. Organizers and vendors using well-known game elements for publicity and exhibition holding without permission were cracked down while administrative penalties were imposed on merchants selling infringing and pirated peripheral products at comic exhibitions.
Seamless connection between administrative procedures and criminal procedures. Criminal cases against tech companies illegally distributing music highlighted the importance of the coordination between administrative and criminal enforcement in combating online piracy.
Equal Protection for Global Rights Holders Fostering a World-Class Business Environment
The third trend is the robust enforcement of IP rights with an emphasis on equal protection for both domestic and foreign rights holders, aiming to create a world-class business environment.
Cases in Point
Severe punitive measures reflect Shanghai’s commitment to stringent IP enforcement. A LEGO counterfeit ring fined ¥600 million (roughly $83.33 million) and given 9-year jail terms—Shanghai’s largest copyright penalty to date.
Repeat offenders trigger the application of punitive damages. In punitive damages cases for software copyright infringement, courts applied rules against evidence obstruction and imposed exemplary damages, strengthening the sense of judicial fairness for both Chinese and foreign right holders.
Protect the copyright of overseas artworks. Administrative penalties in cases involving the infringement of the copyright of overseas artworks—both domestically and in export goods—provided practical experience for the protection of international IP rights.
Authors: James Godefroy, Principal, Rouse; Yuqing Zhang, Rouse
Photo by Hyunwon Jang on Unsplash
