Tiktok tiktok made a claim for $200 thousand yuan in Hangzhou. The tiktok tiktok, which is one of the ten most popular special effects of 2021, is a special "window shears". In February 4th, after the sound of the line was put on line, it was widely promoted in the Spring Festival Gala of Hunan satellite TV. It was the main effect of the Spring Festival tiktok. Its main function is to provide window view and red paper page. By identifying the application track of the user's nose tip, the effect of "cutting" window flowers on the screen with the user's nose tip as scissors is dynamically presented. About 10 days after the "window clips" was cut, the tiktok found that a short cut video platform had a very similar cut window flower special effect prop, which brought the platform to court. Tiktok tiktok believes that the special effects of "window cuts and scissors" constitute audio-visual works, and the plagiarism of the accused infringes on the copyright of the quiver. However, the defendant claimed that the design belongs to the ideological category and is not protected by the copyright law. After the trial, Hangzhou Internet court held that window cutting and pasting are concepts and belong to the ideological category, but how to show window cutting and pasting can be embodied as specific expressions. In this case, the context setting of "window cutting" includes steps and contents such as "nose tip recognition and positioning", "nose tip trace reproduction", "paper selection", "scene setting" and "unfolding method", which reflects the producer's concrete creation in scene setting, element creation, picture connection and so on. This way of expression is an original expression of the idea of window cutting, which should be protected by the copyright law. The court held that although the appearance of the defendant's special effects props was different from the "window cutting", the overall display process and element content were highly similar, which was difficult to be explained by coincidence. Therefore, the court finally found that the two constituted substantially similar and sentenced the defendant to bear tort liability. Tiktok related legal introduction, as of the case prosecution, "window scissors" special use of more than 26 million people, the highest fever topic of the video frequency of more than 1 billion 190 million times. The above legal affairs said that this is the first time that the domestic court has determined that "short video effects" should be protected by the copyright law, and has established judicial standards for the ownership and originality judgment of "human-computer interaction generated content". The judgment of the case has typical demonstration significance for curbing plagiarism and malicious follow-up short video effects, and protecting new intellectual property rights and innovation in the industry. (Wen Jing) (outlook new era)
Edit：Luo yu Responsible editor：Wang xiao jing
Source：Beijing Youth Daily
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