Copyright "Eggs and Chickens", where is the border

  From June 1st, the new version of the Copyright Law was formally implemented, and "audiovisual works" including short videos were included in the scope of protection.

However, the law more often acts as a deterrent. Authors and platforms of "secondary creation" must have a sense of boundary and adjust their business models with awe of the law.

  Who can think of it?

IQiyi, Youku, and Tencent Video, which have been fighting for many years, will become "friends" and join hands to denounce short video platforms such as Douyin, Kuaishou, and Station B; Douyin, Kuaishou, and Station B, which have been chasing me, will also be grouped , And work together to fight back against related complaints.

  On the bright side, the focus of the dispute between the two parties is whether it is possible to use movies, TV series, variety shows and other content for "cutting and transporting" and "secondary creation."

On the short video platform, these "three minutes to watch ××" have been played more than 10 million times easily, but the cost is almost negligible compared with buying and self-made original works.

  Therefore, iQiyi, Youku, and Tencent Video unanimously use "piracy" to denounce "secondary creation".

Douyin's response was also very impressive, directly throwing out a meticulously produced "The Memorabilia of ByteDance's Blocking and Banning by Tencent (2018-2021)"

  Accident?

Actually not.

In April this year, on the occasion of World Intellectual Property Day, more than 500 artists from iQiyi, Youku, and Tencent Video raised the copyright issue of "secondary creation" and caught some short video platforms by surprise.

Recently participated in the Ninth Network Audiovisual Conference, the two sides have been sighing for a long time, finished the PPT, and waited for the sword.

  Behind the copyright is traffic, how can the platform not be anxious?

It is said that the copyright fee for Tencent Video’s purchase of "Ruyi's Royal Love in the Palace" was as high as 810 million yuan, but now, users are watching various "cutting and handling" and "secondary creation" clips on the short video platform, and there are even more than 20-minute versions. .

The users enjoyed watching, and the traffic flowed to the short video platform.

  There are countless similar situations, which have impacted the business model of long video.

According to the original idea of ​​the long video platform, it spent huge sums of money to obtain the copyright of the work. It is like buying a hen that lays golden eggs. Some golden eggs can hatch membership fees, some can hatch traffic pools, and some can hatch advertisements. Income, and some extra fees that can be hatched in advance.

With money, you can continue to buy golden chickens, lay golden eggs, and go back and forth to become bigger and stronger.

  Now it’s the interception, moving the golden egg to the short video platform, and hatching the chicks one by one. In recent years, the short video platform has developed rapidly, and the user scale, user duration, and commercial return have all been matched. Go ahead in the long video industry.

In the capital market, iQiyi, Youku, Tencent Video, etc. have lost money so far, but the market value of Station B and Kuaishou has never been better. The unlisted Douyin has even higher hopes.

Although "cutting and moving" and "secondary creation" only contributed part of the credit, the long video platform no longer wants to support the short video platform for free.

  From June 1st, the new version of the Copyright Law was formally implemented, and "audiovisual works" including short videos were included in the scope of protection.

Frankly speaking, the boundaries of what is meant by "appropriate quotation" and "fair use" are still blurred.

This is a problem all over the world.

However, the law is more often a deterrent. Authors and platforms of "secondary creation" must have a sense of boundary and adjust their business models with awe of the law.

  At present, the short video platform knows that it is at a loss and has deleted a large number of infringing short videos, but the traffic is attractive and does not want to give up easily.

In April, a large number of "secondary creation" authors spoke out, claiming that they were suspected of infringement, but it was difficult for individual creators to connect with a large number of copyright owners.

This also reminds the relevant parties that while safeguarding the legal rights of the right holders, it must be convenient for the user and the platform to use it legally.

Some short video platforms have expressed their willingness to purchase stock copyrights in batches and open them to creators on the platform.

Organizations such as the China Film Copyright Association should learn from the collective management mechanism of the Sound Works Association and the Sound Collection Association, step up coordination, and reduce rights protection, monitoring and transaction costs.

As long as the price is reasonable, it is not difficult for all parties to reach cooperation.

  Tell me another story about the "bear" of other mountains.

In 2010, Japan's Kumamoto Prefecture launched the mascot "Kumamoto Bear", which licensed the image copyright to domestic enterprises for free. In 2018, it was announced that foreign enterprises only need 5% to 7% of copyright fees to obtain image authorization.

As a result, this black bear with two blushes has won a large number of fans, and it has become popular all over the world, which has led to the development of Kumamoto's tourism economy.

Platforms and copyright owners may wish to learn from it and resolve copyright disputes in a more pragmatic manner as soon as possible.

  Recently, the copyright owners of many new films have begun to provide materials to short video big V, and spend money to ask them to recreate them to attract potential audiences.

Moreover, the new copyright law protects the copyright of "secondary creation", which is actually conducive to the development of "secondary creation".

In the future, genuine "secondary creation" will be an important channel for the publicity of film and television dramas, and high-quality big V numbers are expected to obtain more resources and earn money legally and compliantly.

In this sense, this rights protection may be an opportunity for long and short videos to join hands in the era of genuine products.

  She Ying