Zhongxin Finance, January 28 (Reporter Song Yusheng) The 2022 Beijing Winter Olympics and Winter Paralympics are about to open, and the topic of the Winter Olympics on online platforms continues to rise.
The Beijing Intellectual Property Court recently reminded that while enjoying the huge traffic brought by the Winter Olympics, online platforms should also pay close attention to the risk of copyright infringement.
Data map: The picture shows tourists skiing at the ski resort in Chongli.
Photo by Zhai Yujia
Can the Winter Olympics program be freely distributed on the Internet?
"Sporting event programs that meet the requirements of originality are audiovisual works." The Beijing Intellectual Property Court pointed out that in the production process of large-scale and important sports event programs such as the Olympic Games, a lot of camera skills, montage techniques and editing techniques were used. The shooting angle, the switching of lenses, the selection of shooting scenes and objects, the selection of shooting pictures, editing, arranging, and off-screen commentary all reflect the personal choices and arrangements of the creators such as camera, director, etc., which are original and belong to audio-visual Works are protected by copyright law.
Therefore, the programs of the Winter Olympics cannot be freely distributed on the Internet.
The court made it clear that the dissemination of the Winter Olympics program should obtain the permission of the relevant rights holders.
According to the relevant provisions of my country's Copyright Law, the copyright of sports events programs as audiovisual works shall be enjoyed by the producers.
Usually the producer who signs the sporting event program is the copyright owner.
In addition, in view of the fact that large-scale sports events usually have broadcasting organizations enjoying the exclusive right to broadcast works such as live broadcasts, in order to disseminate the Winter Olympics program, in addition to obtaining the copyright permission of the producer, it is also necessary to obtain the adjacency of the broadcasting organization that disseminates the sports program. rights license.
Broadcasting organizations have the right to prohibit others from rebroadcasting, recording and duplicating, by wire or wireless, the sports programs broadcasted by others without their permission, and disseminating them to the public through information networks.
The judge reminded that the live broadcast or delayed playback of the Winter Olympics program without the permission of the rights holder constitutes copyright infringement.
The picture shows the "Green Winter Olympics" themed flower bed located in the northeast corner of Dongdan.
Photo by China News Service reporter Li Jun
Is distributing clips of the Winter Olympics infringing?
So, is the dissemination of the Winter Olympics program clips in the form of short videos suspected of infringement?
According to the Beijing Intellectual Property Court, generally, the dissemination of sports event program clips includes the following two types: 1. Broadcast the clips in the sports event program in the form of short videos; Fragment.
If the above actions are not authorized by the right holder, it may constitute copyright infringement.
As for the latter act, it may constitute fair use under special circumstances, but it needs to meet the conditions for fair use in the Copyright Law. In judicial practice, the nature and purpose of the act of using the work, the nature of the work being used, and the nature of the part being used are generally considered. Quantity and quality, and the impact of use on the potential market or value of the work.
However, judging from the past judicial practice, it is generally difficult for the unlicensed dissemination of clips of sports events to meet the above-mentioned conditions of fair use.
Therefore, it is necessary to disseminate the Winter Olympics program with caution to avoid infringing on the legitimate rights and interests of relevant rights holders.
Data map: On January 11, the mascots "Bing Dun Dun" and "Xue Rong Rong" of the Beijing 2022 Winter Olympics and Winter Paralympics appeared on Beichen Road, Beijing.
Photo by China News Agency reporter Yi Haifei
How should online platforms avoid the risk of copyright infringement?
During the Winter Olympics, the judge suggested that it is necessary for online platforms to do the following to avoid the risk of copyright infringement as much as possible.
1. Do not broadcast sports events without permission; 2. Do not set up links to websites that provide sports events without permission; 3. Do not set up columns or special areas for obviously unauthorized sports events Organize and recommend; 4. Take necessary measures such as deleting, blocking, and disconnecting the infringing content in a timely manner after receiving the notice from the right holder; Have the ability to manage information, and actively take other reasonable measures, such as restricting the use of some functions to users who have repeatedly and infringed a lot.
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