Law

Strengthening Intellectual Property Protection of Film and Television Works by Public Security Organs from a Case Perspective

2025-05-09   

The Dongyang City Public Security Bureau in Zhejiang Province discovered during an online inspection that popular Spring Festival movies such as "Ne Zha: The Demonic Children Roar in the Sea," "Detective Tang 1900," and "Fengshen Part 2: The Western Qi of War" have appeared on a certain film and television website. How could a movie that was just released less than 3 days ago appear on the internet? The local public security organs immediately realized that this may involve a case of piracy and infringement of film and television works. Who is behind all this manipulation? With doubts, Dongyang Public Security immediately established a special task force to quickly carry out clue investigation. Important clues have surfaced regarding the spread of pirated popular Spring Festival movies on the internet, often obtained through pirated recordings from cinemas, commonly known as "gun versions". After conducting a comprehensive online investigation, the police found that one of the popular films during the Spring Festival season, "Ne Zha: The Demonic Child Roars in the Sea," was released on January 29th. Around 11:00 am on the second day of its release, the entire film's resources were stolen. The public security organs quickly launched an investigation and quickly determined that a cinema in a certain province in southern China was one of the locations for illegal recording. After checking the scenes and checking the monitoring, the police immediately locked the suspect Jiang Su (not his real name) who stole the film. Once the source of piracy was identified, the task force immediately began to trace down and crack down on website operators who spread pirated film and television works, cutting off channels for online dissemination. After unraveling the threads and pushing forward layer by layer, the case gradually became clear. On one hand, find the source of the pirated video, and on the other hand, control the actual operator of the website. The task force immediately carried out the arrest. On February 3rd, the police arrested the actual operator of a website, Ren, in a province in southern China. On February 5th and 13th, they arrested three suspects suspected of illegally recording videos. I didn't realize that it would be posted on the website, just to sell the resources privately and make money from movie tickets. ”On January 29th, Jiang Su secretly used his phone to remake the movie "Ne Zha: The Demonic Children Roar in the Sea" at the cinema in front of his home. After returning home, he uploaded the filmed movie to a cloud storage and then sold it online. The first time was 9.8 yuan, the second time was 6.8 yuan, and later it became cheaper and cheaper. As of being found by the police, Jiang Su's profit was less than 100 yuan. However, to his surprise, the footage he stole has been viewed countless times on multiple illegal websites. The police quickly identified the infringing website operator Ren and found a large number of stolen recorded videos on his electronic device, as well as over 30 video websites on the server. Tracking along the line, through Ren, the police also traced down three people, Qiu and Chu, who were also engaged in illegal website operations. In 2012, by chance, Qiu met a fellow villager who had previously operated an illegal website. After exchanging ideas, Qiu found it profitable and began building an illegal website to attract advertising traffic. In order to exploit regulatory loopholes, Qiu Mouze constantly changed domain names and purchased multiple servers to operate in a decentralized manner and evade punishment. Most people only need 1-2 servers to build pirated video websites, while Qiu Mouze bought 47 servers to 'maintain' his website. ”Ye Kangbiao, a police officer from the Food, Drug, and Environmental Intellectual Property Crime Investigation Brigade of Dongyang Public Security Bureau, introduced that in recent years, Qiu Mouze has illegally operated more than 100 infringing video websites, with an average daily click through rate of about 600000 and a total profit of 24 million yuan in the past three years. Digging deep into hundreds of websites in the black and gray industry chain behind the scenes, using the same template and type, who is providing them with technical support behind the scenes? In this case, the police found that there is a black and grey industry chain behind the website operator, from film piracy to technical support, advertising drainage, and fund settlement. You can build a website for 200 yuan, and there are people who specialize in providing technical guidance. As long as you enter the URL into the website you build, there will be a continuous stream of videos automatically updated. ”Qiu Mouze confessed. According to the investigation, Qiu Mouze obtained the templates and resources for building the website from Xu Mou. Mr. Xu, who has been hiding abroad for a long time, specially made a unified template for illegal websites through the Internet platform, provided technical support for inexperienced website operators, and even provided free tutorials for criminals. With the help of Xu, Qiu Ze built a website and embedded gambling and pornography related advertisements on the website and videos. Then, based on the different positions and click through rates of the advertisements, he settled with the financial backers behind the scenes. Su Jian, deputy head of the Environmental Food and Drug Investigation Detachment of Jinhua Public Security Bureau, introduced that the behind the scenes financiers of pirated video websites are usually overseas illegal website operators such as gambling and pornography. They put watermarks on pirated videos or directly post advertisements on pornographic and gambling websites, use pirated video platforms for traffic promotion, and hire professional technical personnel to provide technical support for website operators. Some criminals have set their sights on this' business'. A suspect captured by Dongyang police once independently operated hundreds of websites. In a previous crackdown, local police discovered that a well-known video platform was attacked by professional hackers within 10 minutes of releasing a new film, and the film link immediately appeared on pirated film and television websites. The reason why illegal websites can exist is because a gray industry chain has been formed around them. In addition to cracking down on illegal websites themselves, we also focus on cracking down on black and gray industries related to pirated film and television websites, completely eradicating the soil for the survival of illegal websites. ”Chen Zhean, the head of the Environmental Food and Drug Investigation Detachment of Jinhua Public Security Bureau, introduced. In this operation, the local public security organs expanded their crackdown on the upstream and downstream industries of "gun version" films, targeting not only related websites but also the advertising settlement process. Cracking the difficult problem of investigation, from the premiere of a movie to the appearance of playback links on pirated resource websites, takes at least 5 hours through a series of operations. Many illegal recording activities may only require a mobile phone to complete, and the video will quickly spread online. ”The relevant person in charge of Beijing Light Film Co., Ltd. said that the Internet spread very fast. Once pirated resources appeared, they would soon spread across all platforms. Even if professional institutions were entrusted to complain offline 24 hours a day, it was difficult to deal with pirated resources quickly due to the long period of dealing with infringement, which brought irreparable losses to copyright owners. The difficulties faced by public security organs in cracking down on such cases include causing significant losses, difficulty in fixing evidence, illegal use of virtual identities by criminals, and complex nature of funds. During the investigation, the police found that all the information on the internet by Qiu Mouze and others was registered under someone else's identity, making it difficult to verify their real address and identity information. In addition, the transfer of funds from the financial owner to Qiu Mouze is all done through virtual currency, which makes it difficult to sort out the funds and poses significant challenges for the police to obtain evidence. In addition, in order to hinder the police from searching for evidence, Qiu Mouze purchased multiple servers to build a website, with the aim of evading police investigation, attempting to use one or two of the servers to evade detection and reduce the risk of being cracked down on. Xiong Chao, Deputy Director of the Intellectual Property Professional Committee of Beijing Jingshi Law Firm (National), introduced that if the infringement is for profit and the amount of illegal gains is relatively large or the circumstances are serious, it may constitute the "crime of copyright infringement" under Article 217 of the Criminal Law. Those with particularly serious circumstances may be sentenced to three to ten years in prison and fined. The crime of infringement of film and television works has strong concealment and diverse ways of profit. The subjective malice of some illegal recording behaviors is not obvious, but it has become an important part of infringement activities. Until they were found by law enforcement officers, Jiang Su and others did not realize that illegally recording movies was illegal. Their behavior had already crossed the legal bottom line, "said Lv Kang, a police officer from the Food, Drug, Environmental Intellectual Property Crime Investigation Brigade of Dongyang Public Security Bureau. Currently, the three violators of illegally recording movies have been administratively punished by the local competent department in accordance with the law. According to the Implementation Regulations of the Copyright Law, acts of illegal recording, whether for profit or not, constitute infringement. If acts of illegal recording harm public interests, administrative authorities may confiscate illegal gains and recording equipment, and impose fines. Up to now, 7 illegal suspect have been arrested in the case, of which 4 have taken criminal coercive measures, 3 have been handed over to local administrative departments for punishment, more than 130 film and television websites have been involved in the case, more than 200000 infringing films, and the total amount involved in the case is more than 25 million yuan. As the location of Hengdian Film and Television City, the largest film and television shooting base in China, Dongyang City attaches great importance to the protection of film and television copyright. Every year, it carries out regular crackdowns on criminal acts that infringe on film and television copyright, focusing on the Spring Festival, summer vacation, and National Day holidays. Next, we will strengthen online monitoring and supervision in conjunction with relevant departments to address the characteristics of copyright infringement crimes in film and television, enhance our ability to warn and crack down on piracy, and work with copyright departments to further strengthen legal education and raise awareness of copyright throughout society. At the same time, the public security organs will also crack down severely on illegal activities such as pornography, gambling, electronic fraud, and infringement of citizens' personal information that arise from illegal film and television websites. ”Guo Jie, director of the Economic Investigation Center of Dongyang Public Security Bureau, said. Respecting original works and protecting copyright is essential for the healthy development of the film and television industry. From preparation to release, a movie is the result of the hard work of filmmakers, carrying the dreams of professionals in the film and television industry. Once a movie is stolen and illegally distributed, it will seriously affect the box office revenue and dampen the enthusiasm and initiative of creators. At the same time, pirated works have blurry images and poor sound quality, which also affect the audience's viewing experience. If movie piracy is allowed to continue, it will seriously erode the industry ecology, disrupt the normal order of movie dissemination, and harm the interests of copyright holders, producers, cinemas, and other parties. Successfully handle a typical case to deter a type of infringement and piracy behavior. The series of thunderous actions taken by the public security organs in this case, such as poaching the main culprit, cutting off the internet, and severing the chain, not only crack down on and punish piracy and infringement crimes, but also demonstrate the firm attitude and determination of the public security organs to protect intellectual property rights in the film and television industry. By cracking down on the entire chain of film and television infringement cases, we will provide no opportunity for criminals to take advantage of and make such crimes nowhere to hide. Excellent film and television works bring people a visual and auditory feast. Only by protecting copyright with the power of the rule of law and respecting originality can more excellent works be produced, allowing more film and television professionals to realize their dreams and contribute to the vigorous and healthy development of China's film and television cultural industry. (New Society)

Edit:Yi Yi Responsible editor:Li Nian

Source:people.cn

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