Guiding Case No.223
Zhang Xlong v. Beijing Xdie Culture Communication Co., Ltd., Cheng X and Ma X
(Case concerning a Dispute over the Infringement of an Information Network
Transmission Right of a Work)
(Adopted through discussion by the Judicial Committee of the Supreme People's
Court and issued on December 15, 2023)
Keywords: civil lawsuit/infringement of an information network transmission
right of a work/jurisdiction/place where the infringement is committed
Key Points of the Judgment
The place where the result of the infringement of an information network
transmission right of a work occurs is uncertain and shall not be used as the
basis for determining the jurisdiction. In determining the jurisdiction over cases
of civil disputes over infringement of an information network transmission right
of works, Article 15 of the Provisions of the Supreme People's Court on Several
Issues Concerning the Application of Law to the Trial of Civil Dispute Cases of
Infringement of an Information Network Transmission Right shall apply; that is,
the people's court at the place where the infringement is committed or domicile
of the defendant shall have jurisdiction.
Basic Facts
The plaintiff, Zhang Xlong, filed a lawsuit with the Qinhuangdao Intermediate
People's Court, Hebei Province where he/she was domiciled on the grounds that
the defendants, Beijing Xdie Culture Communication Co., Ltd., Cheng X, and Ma
X published and used his/her copyrighted photo art works on the relevant
websites without authorization and infringed the information network
transmission right of his/her works. The defendant, Ma X, raised an objection to
the jurisdiction of the case on the grounds that the jurisdiction should be
determined in accordance with Article 15 of the Provisions of the Supreme
People's Court on Several Issues Concerning the Application of Law to the Trial
1