Video clips will be banned. How to crack the pain points of short video development?

2021-12-28

Recently, Tencent applied to the court to change its claim, increasing the claim amount of Douluo mainland from 61.6 million yuan to 800 million yuan. So far, the tiktok of Tencent has been over 2 billion 943 million yuan in six months. On December 15, China Network audio-visual program Service Association issued the detailed rules for the review of network short video content, which stipulates that short video programs shall not cut or adapt films, TV dramas, online film and television dramas and other audio-visual programs and clips without authorization. This means that "XX minutes watching movies" and the jitter, video clips on B stations are banned. The tiktok industry with huge user volume and strong cash strength is also entering the cold winter period. The essence is the dispute over copyright The dispute over long and short videos is nothing more than a copyright dispute. Short videos of film and television editing are easy to get started and quickly become popular, so they are easier to become visible. However, no matter how huge the business prospect is, they can't get around the copyright. As early as April this year, there was a regulatory intention for the short video industry, but many practitioners still poured into the industry. According to tianyancha data, in recent years, the number of short video enterprises has increased rapidly. In 2020, the annual growth rate of the number of enterprises was as high as 92%. This year, the number of enterprises registered exceeded 900. Relevant data show that in the past third quarters, the accounts of the film and TV commentary account for the obvious advantage of 6 seats, and become the TOP30 of the tiktok pink. Tiktok accounts for millions of fans and even millions of fans. According to the 2020 China network short video copyright monitoring report, from January 2019 to October 2020, the center monitored more than 100000 original short video authors, the early warning list of the national copyright administration and fragment short videos of key film and television variety works, and a total of 30.0952 million suspected infringing short videos were monitored, involving 2.72 trillion hits. Film and television drama editing and communication rules are vague For each work on the long video platform, the copyright fee has been paid to the producer. Iqiyi, Youku and Tencent video have spent more than 100 billion yuan on buying video copyright in the past few years. Nevertheless, the long video platform is still difficult to make a profit. The revenue of the platform is often maintained by increasing the membership fee, but each increase in the membership fee will be protested and denounced by netizens. Short video clips are usually any editing, handling and dissemination of film and television works without the authorization of the obligee for free viewing by users, which is suspected of infringement and piracy. On June 3, at the China online audio-visual conference held in Chengdu, the executives of the long video platform spoke out and criticized the piracy and infringement of short videos. At present, Kwai tiktok and fast hand rule require that the live TV drama and program need to get the copyright first, and broadcast without copyright is illegal operation. The announcement of the trembling management shows that 5 videos of infringing videos were launched in 2021, and 140 thousand "tiktok" animation contents including "copyright infringement" were taken in time. Tiktok announced in June 2021 that the platform purchased a large amount of copyright material for creators to use, and continued to crack down on piracy. However, the rules of the two platforms are much blurred for the editing and communication of film and television dramas. If the tremble is mentioned only in the audit rules, the work contains low cost editing, recording and rotating pictures and other pictures, but it is not a clear tiktok. But what is meant by "low cost editing" is not clear. Pain points and difficulties to be solved There are different opinions on how to regulate the copyright of short video reasonably, legally and efficiently. Zhang Ping, executive vice president of the school of intellectual property of Peking University, believes that from the perspective of copyright law, video platforms and film and television companies themselves have invested a lot of money to create audio-visual works, which should have a certain return, while some account producers and operators of short video platforms arbitrarily edit, cut, transport and spread film and television works without authorization, It damages the interests of the copyright owner. But at the same time, he believes that when protecting film and television copyright, we should also leave space for secondary creation. Qiu Baochang, President of the e-commerce rule of Law Research Association of Beijing law society, also stressed that when the obligee claims rights to the platform, the platform should disconnect and block relevant links in time. If it still fails to act after receiving the notice, the platform should bear joint and several liability for expanding the infringement part, and joint tort liability for malicious collusion. However, many film and television drama editing bloggers believe that there are a large number of individual bloggers, film and television companies and film and television works, and the authorization mechanism and price are opaque, so it is difficult to obtain authorization completely. In terms of the current copyright market, there are still some problems in some short video creators or platforms paying license fees to film and television copyright owners. At present, the license fee for the network communication right of film and television drama information is very high. It is still doubtful whether film and television companies are willing to provide a reasonable low license fee for the scene of short video creation. In view of the pain points and difficulties existing in the process of short video copyright protection and industry development, it also needs the joint discussion and efforts of relevant departments, experts and industry people to find an effective path to solve short video infringement and promote the healthy development of the industry. (reporter Xu Xiao) (outlook new era)

Edit:Luo yu    Responsible editor:Wang xiao jing

Source:Workers’daily

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