"Slicing" other people's films, TV series and other works into short videos for use or dissemination without permission; uploading and disseminating short videos recorded using other people's songs without permission... In recent years, with the explosive growth of online short videos, "scissorhands" "Porters" move, edit, and disseminate without permission, and short video infringements frequently occur.

April 26 is World Intellectual Property Day. Relevant departments will continue to increase the crackdown on short video infringements and cut off the "black hands" of infringement.

The number of short video infringement cases is increasing year by year

  A few days ago, a registered user of a video app, "The Post-80s Digju Jun", distributed 122 clips of the film and television drama "Grandma Loves Me Again" through his account, most of which were short videos within 10 minutes.

The above-mentioned video already contains the main plot and content of the film and television drama, and was brought to court by the exclusive right holder of the information network dissemination right of the drama.

The court ruled that the "post-80s dug drama gentleman" should stop the infringement and compensate the economic loss of 37,000 yuan.

  In the above cases, editing other people's films and TV dramas into multiple short videos for use and covering the main content is a common "cutting" behavior in the production and dissemination of short videos.

Without permission, editing long videos into short videos for use or dissemination without permission is a typical infringement.

  According to statistics, as of December 2021, the number of short video users in my country has reached 934 million.

With the continuous growth of users in the short video industry and the market size, short video users frequently edit, cut, and transport films and TV dramas, variety shows, sports events, etc., causing a series of infringement issues and disputes.

  The "2020 China Online Short Video Copyright Monitoring Report" shows that from January 2019 to October 2020, the 12426 Copyright Monitoring Center monitored original short videos, works on the National Copyright Administration's key works copyright protection early warning list, and key film and television comprehensive works. , a total of 30,095,200 short videos suspected of infringement have been monitored, involving 2.72 trillion clicks.

  At the same time, the number of cases involving short video copyrights has increased year by year, and the increase has been obvious.

Jiang Ying, vice president of the Beijing Internet Court, said that from 2019 to 2021, the Beijing Internet Court accepted 540, 729, and 1,284 cases of short video copyright disputes, respectively.

Conflicts and conflicts continue to emerge, why short video infringements occur frequently

  In December 2021, the China Online Audio-Visual Program Service Association released the "Detailed Rules for the Review of Online Short Video Content (2021)".

It stipulates that short video programs shall not cut or adapt movies, TV dramas, online film and television dramas and other audio-visual programs and clips without authorization.

  "Short videos are short and concise, with diverse content, low threshold for creation, and fast dissemination. The short video industry has become a new growth point for my country's digital copyright and online cultural and creative industries." Jiang Ying said, but the rapid development of the short video industry has also caused new contradictions and conflict.

  According to reports, in the short video infringement cases heard by the Beijing Internet Court in recent years, the accused infringements are still mainly copy-type infringements, with a total of 2,633 cases, including cutting long videos, moving short videos, adding background music, etc.

At the same time, lawsuits caused by new types of creative and dissemination behaviors are also emerging, such as editing long video images with text content to make explanatory short videos, imitating other people’s short videos to shoot themes, content and methods to create similar short videos, etc.

  The direct infringers are scattered and hidden, and rights holders tend to sue short video platforms.

Jiang Ying said that short videos spread fast, have a wide range, and are easy to be transported repeatedly, resulting in too scattered and concealed short video infringers, and it is difficult for rights holders to identify direct infringers.

At the same time, the dissemination and infringement of short videos mostly occur on short video platforms. For infringements on short video platforms, rights holders are more inclined to take short video platforms as the object of prosecution, claiming that short video platforms bear joint and several liability for the infringing content.

  Short video creators have insufficient copyright awareness.

Han Dongping, a lawyer from Beijing Yingke Law Firm, said that some short video producers do not have strong copyright awareness. When making short videos using other people's existing works, they often do not obtain permission from the copyright owner in advance, which leads to infringing acts such as cutting and moving. Frequent.

Curbing Infringement and Making Good Use of the Sword of Supervision

  The experts interviewed said that the infringement of short videos not only infringes the legitimate rights and interests of the original authors, but also destroys the audience's sense of viewing and expectation for the content of the series, which greatly affects the user experience.

  The "Outline of Building a Powerful Intellectual Property Country (2021-2035)" issued by the Central Committee of the Communist Party of China and the State Council proposes to build a system of intellectual property rules in emerging fields and specific fields that respond in a timely manner and are reasonably protected.

Establish and improve intellectual property protection rules for new technologies, new industries, new formats, and new models.

Explore and improve the intellectual property protection system in the Internet field.

  Li Xiaole, a lawyer from Beijing Jingkun Law Firm, pointed out that the Copyright Law stipulates 12 kinds of "fair use" situations, including appropriate citation for the purpose of introducing and commenting on a certain work, but many film and television transfer accounts often use the name of "fair use" for profit. the truth.

This requires short video platforms to further strengthen supervision, remove infringing videos in a timely manner, and protect the intellectual property rights of creators.

  "For users who continue and repeatedly infringe, the platform should take measures such as restricting rights and banning accounts to effectively avoid the occurrence of repeated infringements." Han Dongping said.

  Li Guoqing, a lecturer at the Law School of Wuhan University, said that relevant departments should strengthen the promotion of intellectual property protection for short video producers, and improve the creators' awareness of intellectual property protection.

When their own short video works are copied or adapted by others for infringement, the creator can notify the platform and ask them to stop providing and playing the infringing works.

If the platform does not stop such behavior, it shall be jointly and severally liable.

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