The Paper reporter Xu Hui, intern Yang Hongyong

　　A company in Xiamen was sued for reprinting the video of the "Tan Talks Traffic" program, and the prosecution was Chengdu Youshu Culture Communication Co., Ltd. (referred to as "Youshu Company").

The court of first instance found that the defendant company constituted infringement and ordered a compensation of 1,500 yuan.

　　On July 13, the owner of the defendant company told The Paper (www.thepaper.cn) that he had just received the court's first-instance judgment and had not yet decided whether to appeal.

　　The judgment stated: On March 29, 2022, Chengdu Youshu Company found that a defendant company in Xiamen had uploaded the video work "Tan Talks Traffic" on the public account operated by it without authorization.

Youshu Company believes that the company’s illegal reprinting of works related to “Tan Tan Traffic” has infringed on the work’s legal rights such as the right to disseminate information on the network and obtain remuneration, so it sued to the People’s Court of Chengdu Area of ​​Tianfu New District, Sichuan, requesting a sentence of suspension Infringement, delete the infringing video and compensate the economic loss of 10,000 yuan.

　　The court ordered the deletion of the infringing video and compensation of 1,500 yuan

　　On May 25, 2022, the Chengdu District Court of Tianfu New District will hear the case.

The defendant company stated in its defense that the video related to "Tan Tan Traffic" on the company's WeChat public account was reposted from other public accounts, and the video was a mixed-cut secondary creation, which did not infringe the copyright of Youshu Company.

　　The court held that the video in "Tan Talks Traffic" was an original intellectual achievement and belonged to the category of audio-visual works.

Chengdu Radio and Television is the author of the audio-visual works involved in the case. Youshu Company, authorized by Chengdu Radio and Television, enjoys the property copyright and rights protection rights including the information network dissemination right of "Tan Talks Traffic" within the authorized area and within the authorized period. The right to file a lawsuit.

　　The court also held that the infringing video involved was edited into a short video for use or dissemination, and the clipped clips were the same as the copyrighted work.

The defendant company made use of the Internet to provide the works involved in the case to the unspecified public by means of reprinting through the WeChat public account, so that the public could obtain the works at the time and place chosen by them, which infringed on the information network dissemination enjoyed by Youshu Company for the works involved in the case. right.

　　On June 28, 2022, the court ordered the defendant company to immediately stop the infringement, delete the infringing video, and compensate Chengdu Youshu Company for economic losses and reasonable expenses for rights protection totaling 1,500 yuan.

　　Peng Mei News noted that the reason for the court’s decision to compensate 1,500 yuan was: Youshu Company did not submit evidence to prove the actual losses it suffered and the illegal gains of the infringing company. At the same time, considering that Chengdu Youshu Company entrusted lawyers to file lawsuits in batches, the court decided as appropriate. Determine the amount of compensation.

　　Court: The authorized party has the right to sue the claim separately

　　According to the judgment, the court found out: On January 30, 2022, Chengdu Radio and TV Station issued a "Copyright Statement", stating that the Urban Life Channel to which Chengdu Radio and TV Station belongs is the production unit of the "Safe Chengdu" and "Traffic Light" columns .

Since March 28, 2005, "Tan Talks Traffic" has been broadcast in "Safe Chengdu" and "Traffic Light".

　　At the same time, Chengdu People's Broadcasting Station and Chengdu TV Station merged into Chengdu Radio and TV Station in November 2005.

On May 30, 2022, the affiliated company of the station issued another statement saying that Chengdu Radio and Television Station originally produced the "Tan Talks Traffic" program and owns the copyright of the program.

　　"Traffic Light" was jointly planned and produced by the original Chengdu TV Station and the Traffic Administration Bureau of Chengdu Public Security Bureau. It is the only TV traffic program in Chengdu.

It premiered on June 5, 2006.

　　The content of the judgment shows that Chengdu Radio and Television issued a "Power of Attorney" to Chengdu Youshu Co., Ltd., granting Youshu's "Traffic Light" program and all the copyright and property rights of the audio-visual works in the "Tan Talks Traffic" section "and sub-authorization of the above rights, The right to license a third party for distribution, which includes rights to enforce rights", the authorization period is from September 17, 2021 to September 16, 2026.

　　The court held that "the authorized party has the right to send letters, file complaints, file lawsuits, take criminal measures, and obtain compensation in its own name alone."

　　On July 13, the person in charge of the Xiamen company involved told The Paper that he had just received the judgment and had not yet decided whether to appeal.