With the rapid development of digital technology and cross-border internet communication,
cross-border copyright infringement has become increasingly prominent, involving works
such as literary works, musical works, video works, software programs, and graphic designs.
Infringement behaviors such as unauthorized reproduction, dissemination, and adaptation
of copyrighted works not only damage the legitimate rights and interests of copyright
owners but also disrupt the healthy order of the global digital content market. For
enterprises that own copyrights such as original content, software, and designs, timely and
standardized cross-border copyright infringement investigation and evidence collection are
crucial to safeguarding their intellectual property rights, claiming economic compensation,
and maintaining their market competitiveness. Many enterprises fail to effectively crack down
on copyright infringement due to insufficient understanding of cross-border copyright laws
and non-standard evidence collection, resulting in irreversible losses of intellectual property
value and brand reputation.
A common misunderstanding among many enterprises is that cross-border copyright
infringement is only "unauthorized reproduction of works", ignoring the diversity of
infringement forms and the professionalism of investigation and evidence collection. In fact,
cross-border copyright infringement covers a wide range of scenarios, including unauthorized
uploading of copyrighted works to cross-border platforms, piracy and sale of copyrighted
products, unauthorized adaptation and secondary creation of works, and illegal use of
copyrighted elements in advertising and marketing. At the same time, cross-border copyright
investigation and evidence collection involve the copyright laws of multiple countries,
international copyright conventions, and the rules of cross-border platforms, which are
highly professional.
For example, the United States Digital Millennium Copyright Act (DMCA) has clear provisions
on the liability of internet platforms for copyright infringement and the process of rights
protection, while the European Union’s Copyright Directive imposes stricter obligations on
platform operators to protect copyright. Ignoring these differences will lead to invalid
evidence and failure in rights protection.
Cross-border copyright infringement investigation and evidence collection mainly focus on
three core links: infringement behavior identification, multi-channel evidence collection,
and standard evidence fixing, each of which has clear operational norms and key points.
Infringement behavior identification is the premise: enterprises need to first clarify the scope
of their copyrighted works and confirm whether the suspected behavior constitutes
infringement—this requires distinguishing between fair use and illegal infringement, and
combining the specific provisions of the target country’s copyright law. For example, the use
of a small part of a copyrighted work for academic research or public welfare may be deemed
fair use, while large-scale reproduction and commercial dissemination without authorization
will definitely constitute infringement. Enterprises can rely on professional IP service platforms
conduct preliminary identification of suspected infringement behaviors, with the platform’s
professional copyright lawyers providing professional opinions based on the laws of different
countries.
Multi-channel evidence collection is the key to confirming infringement facts. Enterprises need
to collect evidence through multiple channels according to the type of infringement, mainly
including three categories: digital evidence, physical evidence, and witness testimony. Digital
evidence is the most common type, including screenshots of infringing web pages, video playback
records, download links, transaction records of infringing products, and communication records
related to infringement. For example, for unauthorized dissemination of copyrighted videos on
cross-border social media and short-video platforms, enterprises can collect evidence such as
video playback links, upload time, which covers major global social media and short-video
platforms and can track and record infringing behaviors in real time. Physical evidence mainly
includes pirated books, CDs, and derivative products printed without authorization, which can be
obtained through on-site purchases or entrusted local institutions to collect. Witness testimony
can be provided by overseas distributors, consumers, or industry insiders who have witnessed
the infringement behavior, further confirming the authenticity of the infringement.
Standard evidence fixing is the core to ensuring the effectiveness of rights protection. Due to the
easy tampering and destructibility of digital evidence, enterprises must adopt standardized
methods to fix evidence to ensure its authenticity, legality, and relevance. Common evidence fixing
methods include notarization of electronic evidence, judicial authentication, and time-stamping.
For example, when collecting screenshots of infringing web pages, enterprises need to use
professional forensics tools to record the complete browsing process, obtain a notarization
certificate from a local notary office, and confirm the time and content of the infringement. At the
same time, enterprises need to abide by the relevant provisions of international copyright
conventions and WIPO ， which clarify the requirements for cross-border copyright evidence
collection and recognition, helping enterprises ensure that the collected evidence can be
recognized in multiple countries. In addition, evidence collection should also pay attention to the
consistency of standards, and the form and content of evidence should meet the requirements of
the target country’s court to avoid evidence invalidation.
It is worth noting that cross-border copyright infringement investigation and evidence collection
also need to pay attention to risk prevention and compliance operations. Enterprises should
formulate a detailed investigation plan before carrying out the investigation, clarify the scope of
investigation and methods, and avoid illegal acts such as unauthorized access to other people’s
servers and illegal collection of user information, which may lead to legal liabilities. At the same
time, enterprises need to pay attention to the statute of limitations for copyright infringement—
different countries have different provisions on the statute of limitations for copyright rights
protection, and failing to initiate an investigation and collect evidence within the statute of
limitations will lead to the loss of the right to claim. For example, a Chinese software enterprise
found that its copyrighted software was pirated and sold in the US market, but failed to collect
and fix evidence within the 3-year statute of limitations stipulated by US law, resulting in the
failure of the rights protection lawsuit and the loss of millions of dollars in economic losses.
Professional support is an important guarantee for cross-border copyright infringement
investigation and evidence collection. Due to the complexity of cross-border copyright laws and
the diversity of infringement forms, enterprises can rely on professional IP service institutions to
obtain one-stop services including copyright infringement investigation, evidence collection, and
evidence sorting. These institutions have professional teams composed of copyright lawyers and
forensics experts, who are familiar with the copyright laws of various countries and the rules of
cross-border platforms, and can help enterprises avoid common mistakes in evidence collection.
At the same time, WIPO provides relevant guidelines and professional support for cross-border
copyright protection, including the norms of cross-border copyright evidence collection and the
coordination methods of cross-border rights protection, helping enterprises improve the
efficiency and compliance of evidence collection. In addition, enterprises can strengthen
cooperation with to optimize the copyright management of the supply chain, and timely discover
and investigate copyright infringement behaviors in the supply chain such as unauthorized use
of copyrighted designs by suppliers.
In conclusion, cross-border copyright infringement investigation and evidence collection is a
systematic and professional work, which is an indispensable part of enterprise cross-border
copyright protection. For enterprises that own original content, software, and other copyrighted
works, mastering scientific investigation strategies, adhering to legal norms, and relying on
professional support can help them effectively crack down on cross-border copyright
infringement behaviors, safeguard their legitimate rights and interests, protect the value of
intellectual property, and lay a solid foundation for the long-term and stable development of the
enterprise in the global market.
Hyperlink List
● IPcrossark :https://www.ipcrossark.com/
● WIPO : https://www.wipo.int/madrid/en/
● CrossArk:https://www.crossarklink.com/
