Governed by the Regulations on the Protection of Information Network Communication
Rights and 2020 Revised Copyright Law, the safe harbor rule paired with the red flag
principle defines online platform liability, a critical compliance boundary for global game IP
owners. A landmark 2025 real cross-border case involving a French indie game studio
against a domestic short video platform fully exposes two fatal rights protection flaws: lack
of CCPC software/art copyright registration weakens ownership evidence in litigation
and failure to submit targeted, detailed infringement notice leads to platform exemption
from compensation. This case reveals enforcement pitfalls for overseas digital brands and
delivers standardized notice filing guidance.
A French independent game developer created a 2D adventure mobile game and only retained
overseas source code archives, without completing any copyright registration at the China
Copyright Protection Center (CCPC). Multiple domestic UP users uploaded full gameplay
footage, character art and plot clips to a mainstream short video platform with algorithm-wide
recommendation pushes, generating tens of millions of views and platform advertising revenue.
The French team sent a vague generic removal email without attached copyright certificates,
work samples, serial infringement links or pirate screenshot evidence. The platform deleted
partial videos as a basic courtesy but refused to pay economic compensation, citing compliance
with the notice-takedown safe harbor rule. When the studio filed civil litigation in a
Shanghai intellectual property court, two core evidentiary defects led to partial loss of claims:
First, without official CCPC registration certificates, overseas source files alone could not serve as
prima facie ownership evidence, and the court required costly third-party copyright appraisal.
Second, the initial notice was overly general and failed to mark specific infringing URLs, so the
platform was judged to have fulfilled statutory platform obligations under the red flag
exception standard, escaping compensation liability for most pirated content. The French enterprise
recovered only 280,000 RMB in partial damages and spent over 100,000 RMB on appraisal and litigation
fees.
Safe harbor & red flag dual judgment standard (Article 22 Information Network Regulation).
Platforms enjoy compensation exemption after completing notice-takedown only if three
conditions are met: receiving specific infringement notice, timely deleting content, and no obvious
infringing features visible to ordinary users (red flag). If high-profile complete game clips are
recommended on homepage hot lists, the platform bears active monitoring obligations and cannot
rely on safe harbor defense.
CCPC registration as core prima facie ownership evidence. Though copyright takes effect upon
creation per Berne Convention, unregistered overseas works lack official domestic documentary
proof. Chinese courts often order expensive third-party copyright identification for unregistered
works, prolonging litigation cycles and reducing recoverable damages.
Mandatory complete elements of valid infringement notice. A legally effective notice must contain:
copyright holder identity, certified work samples, precise infringing links, detailed infringement
description, and signed ownership statement. Blanket mass removal requests without targeted URLs
will be deemed invalid formal notice.
Algorithm recommendation triggers heightened platform duty. Platforms using personalized traffic
push for copyrighted game content are deemed to gain direct commercial benefits, which raises their
reasonable review threshold; simple automated deletion after vague notices does not satisfy statutory
compliance.
Cross-border document authentication requirement. All overseas development contracts, source
code records must undergo consular legalization and Simplified Chinese translation to be admitted as
court evidence.
China’s dual safe harbor and red flag platform liability system creates clear enforcement
standards for overseas game copyright holders. This French game litigation case fully proves missing
CCPC registration and insufficient notice details will greatly reduce compensation recovery. For global
digital and game brands targeting Chinese online markets, proactive copyright registration and
standardized targeted infringement notices are irreplaceable tools to claim full compensation against
pirated content and algorithm-driven platforms.
Hyperlink List：
● NCAC Official Notice-Takedown Administrative Guide:
https://www.ncac.gov.cn/xxgk/zc/202304/t20230418_174321.htm
● Full English Text of China Copyright Law 2020:
