How to answer the question of copyright protection for short videos
2022-04-24
"What am I going to do with my cell phone?" Brushing short videos, Xiao Li sitting at his desk suddenly realized this. "Before I picked up my mobile phone, I subconsciously opened wechat to see if there was any new information. Now I pick up my mobile phone and brush a few short videos to forget what I wanted to do." There are more and more young people like Xiao Li now. Short videos are short and concise, with diverse contents, low creation threshold and fast dissemination speed. They fit in with the fragmented reading habits and quickly enter public life. Brushing short videos has become "the last thing before going to bed" and "the first thing to wake up" for many young people. According to statistics, the number of short video users in China has exceeded 900 million. The considerable number of users and the rapid development trend make the short video quickly in the tuyere position. In the context of digital economy, while providing high-quality cultural and creative content and meeting the spiritual needs of the public, short video has also been rapidly integrated with e-commerce, advertising and marketing, paid knowledge and so on. However, the rapid development of short video industry has also triggered new contradictions and conflicts. Among them, the infringement disputes caused by content creation should not be underestimated. In the Internet era, the copyright protection of online works has also attracted more and more attention. The picture shows: the user is brushing a short video. Shen Jizhong 1 "love and kill" in short and long videos The TV is on, but it becomes background sound; No one cares about the popular TV dramas on TV, but the short videos inside and outside the drama on mobile phones are very happy... In daily life, such scenes have been used to in many families. For the copyright owners of some films and TV dramas, the vigorous development of the short video industry can be described as "love and hate". On the one hand, some short videos have virtually expanded the publicity and distribution of film and television dramas. When brushing short videos, many viewers "go to see the whole play because of one look, one lens and one line". In recent years, many popular film and television works are also popular materials for the secondary creation of short videos, and classic works such as "Wrangler" and "Romance of the Three Kingdoms" have become popular again through a large number of secondary creations. On the other hand, some acts of slicing and broadcasting film and television works in the name of introducing and commenting on the plot not only infringe the copyright of the obligee, but also make many viewers lose their enthusiasm to watch the complete plot and pay for the video platform, which virtually causes the loss of the copyright owner and the video platform. From September 9, 2018 to February 28, 2022, the Beijing Internet court accepted 2812 cases involving short video copyright disputes. The number of copyright cases involving short videos has increased year by year, with a significant increase. From 2019 to 2021, the number of cases received were 540, 729 and 1284 respectively. The short video industry violates the traditional film and television industry, which is not only shown in litigation. On April 9, 2021, five platforms, iqiyi, Tencent video, Youku, mango TV and Migu video, as well as 15 film and television industry associations and 53 film and television companies, jointly issued a joint statement calling on "producers and operators of short video platforms and public accounts to respect originality and protect copyright, and shall not clip, cut, transport and disseminate relevant film and television works without authorization." On April 23, 2021, 17 film and television industry associations, 54 film and television companies, 5 video platforms and 514 people in the industry jointly issued a proposal, pointing at the unauthorized cutting, handling, quick viewing and collection of film and television works. On December 15, 2021, China Network audio-visual program Service Association issued the detailed rules for the audit standard of network short video content (2021). Item 21 of the new version of the detailed rules "other contents in violation of relevant national regulations and social ethics" includes "unauthorized cutting and adaptation of films, TV dramas, online film and television dramas and other audio-visual programs and fragments". After the introduction of the new regulations, it was also proposed that the secondary creation of short video also involves the way many people make a living. There are also many voices about whether it is possible to provide space for short video creators without taking copyright as a 'moat' between platforms. In the Internet era, the copyright protection of online works has also attracted more and more attention. The picture shows Li niangen, the fifth generation successor of bamboo weaving in Dongcun Township, Fenyi County, Xinyu City, Jiangxi Province, and his team planned and produced a batch of short videos with the keywords of "intangible cultural heritage", "nostalgia" and "family affection", and the number of fans on each platform reached 8 million. Shen Jizhong The phenomenon of sub-health should not be ignored The short video infringement case that has entered the proceedings is just the tip of the iceberg in this carnival data ocean. From January 2019 to may 2021, 12426 copyright monitoring center monitored 13 million original short videos and secondary creation short videos of film and television variety works, detected 3 million infringement accounts, and successfully notified the deletion of 14.786 million second creation infringing videos and 4.1631 million original infringing short videos. Producers use art works, photographic works, music works, audio-visual works and other works protected by the copyright law, involving the fields of film and television variety, animation, sports and games. The secondary creative short video produced by re editing, adding dubbing or interpretation has become a serious disaster area in the field of copyright infringement. "From the micro level, the creation of short videos is mostly based on existing works, and the lack of awareness of the protection of the rights of short video creators leads to frequent violations." Zhang Qian, judge of Beijing Internet court, said that the threshold for short video creation is low, and the general public can become the producer of short video. Some short video producers do not have strong awareness of copyright protection. When making short videos using other people's existing works, they often do not obtain the permission of the copyright owner in advance, resulting in frequent violations such as cutting and handling. Judging from the 2812 cases involving short video copyright disputes counted by the Beijing Internet court, the litigation subjects are mainly long and short video platforms, and the cases in which one or both of the prosecution subject and the defendant are long and short video platforms account for 59.4%. From the perspective of the subject of prosecution, 2130 cases were sued by the subject of rights who obtained rights through license agreements, including the long video platform authorized from the producer, the short video platform authorized by the platform user agreement, and the music record company authorized from the songwriter, which were significantly more than those sued by the original obligee. More original obligees chose the platform to protect their rights. The 12426 copyright monitoring center has investigated the current situation of 523 short video authors' rights protection. According to statistics, 82.5% of the authors protect their rights by reporting to the platform. However, the video platform has been criticized by many rights protection creators because of its large amount of data and long response cycle. Wan Yong, a professor at the Law School of Renmin University of China, said that the dilemma of copyright protection of original short videos mainly lies in: first, it is difficult to find piracy. Because the short videos on the short video platform are massive, the creators are scattered and hidden, and the authors of original short videos are difficult to find that their original short videos have been infringed by others; Second, it is difficult to obtain evidence. Even if the infringing short video is found, the relevant users can easily delete it, so the evidence will be lost; Third, it is difficult to identify infringement. Even if they find evidence and Sue in court, in practice, many users do not simply copy and spread videos, but re interpret them according to the plot of the original short video; Whether this is a violation of thought or expression is controversial. Some experts believe that some unknown works have expanded their influence and dissemination because of secondary creation. Infringers even think that this is a free promotion, which has psychologically shaken the determination of obligees to safeguard their legitimate rights and interests. On March 23, in pingpo village, Xima Town, Longli County, Qiannan Buyei and Miao Autonomous Prefecture, Guizhou Province, villagers rehearsed a short video "propaganda in the field". Shen Jizhong 3. Blocking or dredging, calling for greater achievements of the platform While the industry resists handling and cutting "high barriers", a new ecology is taking shape. During the hit of the movie and TV drama "the world", the short video tiktok released by the official voice of the world is easy to break millions. At present, opening accounts and soliciting contributions on major short video platforms have become the standard configuration of newly released films and TV programs. In practice, some courts require the short video platform to take effective measures to filter and intercept the possible infringement on the basis of deleting the existing infringement content in the platform, which essentially makes the short video platform bear the responsibility of actively discovering the infringement. "Compared with the infringement discovered by the obligee under the traditional safe haven rule, this model can obtain better intellectual property protection effect, but its legal basis and legal basis still need to be further discussed and improved." Zhang Qian said. More people in the industry, experts and scholars are reaching a consensus that "the settlement of short video copyright disputes should focus on prevention", in which there is more room for short video platforms. "In addition to taking advantage of technological advantages to continue to strengthen supervision and governance, the short video platform should become a link between copyright owners and users of works, effectively integrate music, pictures, videos and other resources, and build a copyright authorization and distribution system of first authorization, later use and then payment, so as to effectively reduce the occurrence of infringement." Zhang Qian said. In March this year, a short video platform announced that it had reached a cooperation with an online drama production and distribution party, and obtained the relevant authorization for the secondary creation of all self-made film and television works of the distribution party, including "forensic Qin Ming", "hurried year", etc. The short video platform and users can re edit, arrange or adapt these film and television works. More importantly, we should change the concept of governance and turn blocking into dredging. " Wan Yong said that simply blocking is unsustainable. More importantly, it is to innovate the business model and enable creators, users and platforms to achieve win-win results, so as to promote the healthy and orderly development of the short video industry. Case link Using cartoon toy image to make short video does not constitute reasonable use The plaintiff A company has the exclusive right to information and network dissemination rights in the Chinese mainland area for the "Altman" series of films and TV works and its characters. The defendant B has no authorization to use its purchased animation toys without collocation, and its own brand bear bear Ryan image as the main role. By setting certain scenarios, the script is written and inserted into narration, and different scenes are produced. And shoot a small video and upload it to the network. For public viewing or downloading. The plaintiff believed that the defendant's behavior had infringed upon his right of reproduction, information network transmission and filming of "Altman" series of film and television works and their characters, so he requested the court to order the defendant to stop the infringement and compensate for the economic losses. The court ordered the defendant to stop the infringement immediately and compensate the plaintiff for the economic loss of 320000 yuan and the notarization fee of 2500 yuan. This case makes it clear that the use of its own animation toy image as the main element to make short videos does not constitute a reasonable use without the permission of the copyright owner. The "Altman" image toy used by the defendant was purchased by him, but owning the ownership of animation toys does not mean enjoying the copyright of his image. Copyright is a civil right based on intangible object, whose object is intellectual achievement and an intangible property. The defendant, using the official account of the copyright image of the plaintiff as the main element, makes short videos and spreads through the operation of the WeChat public number to attract users' traffic, so as to enhance the image of their own brand, and can not meet the statutory requirements for fair use.
Edit：Luo yu Responsible editor：Wang xiao jing
Source：GMW.cn
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