## Facts

- Zhang Chengzhi, a Chinese writer, was the author of two literary works at issue.
- 21 ViaNet Communication Technology Co., Ltd. (ViaNet) operated a website that published Zhang’s works online without Zhang’s permission.
- Zhang sued ViaNet in the trial court for unauthorized online publication of the two works.
- The trial court found that ViaNet’s online publication constituted copyright infringement.
- The trial court ordered ViaNet to stop the infringing publication, pay damages, and issue a public apology to Zhang.
- ViaNet appealed the judgment to the Haidan Intermediate People’s Court.

## Issues

1. Whether ViaNet’s unauthorized publication of Zhang’s literary works on its website constituted copyright infringement under PRC copyright law.
2. Whether a website operator that publishes copyrighted works online without permission may be held civilly liable for infringement.

## Decision

- The Haidan Intermediate People’s Court held ViaNet liable for copyright infringement based on the unauthorized online publication of Zhang’s works.
- The court upheld the trial court’s order requiring ViaNet to cease the infringing publication.
- The court upheld the trial court’s award of damages to Zhang.
- The court upheld the trial court’s order requiring ViaNet to make a public apology to Zhang.

## Legal Principles

- An author holds exclusive rights to control the use of his or her copyrighted literary works, including publication and other acts of making the work available to the public.
- Posting or publishing a protected work on a website without the copyright owner’s permission can constitute infringement, even when the distribution occurs through an online medium.
- A website operator that publishes infringing content is not treated as a mere passive conduit and may be responsible for the infringement.
- Civil remedies for online copyright infringement may include an order to stop the infringement, monetary damages, and a public apology.

## Conclusion

The Haidan Intermediate People’s Court affirmed the trial court’s finding that ViaNet infringed Zhang Chengzhi’s copyright by publishing two of his literary works online without authorization, and it sustained remedies requiring ViaNet to stop the publication, compensate Zhang, and issue a public apology.


Zhang Chengzhi v. 21 ViaNet Communication Technology Co., Ltd., Haidan Intermediate People’s Court (1999)