Now open the Bilibili website (hereinafter referred to as Station B), it is difficult for users to search for relevant content about CBA events.

  A few days ago, a civil ruling issued by the Beijing Higher People's Court linked the CBA event and station B. This time, the two sides will go to court.

The reason is that Station B is not authorized to provide the public with on-demand services of CBA game videos.

  According to the relevant information that has been issued, CBA has obtained evidence that there are 281 full-time video of the 2019-2020 season of the CBA league in Station B, including the full-time video of the All-Star Game of the season, and at least 416 matches of the season. Program highlights video.

Accordingly, CBA Company claimed 406 million yuan from Station B.

  "In the absence of a special copyright law for movies, TV, and sports events, disputes related to sports event copyrights are indeed more applicable to copyright law." Lawyer Xia Hou, a partner of Beijing Dentons Law Firm, told China Youth Daily and China Youth Daily reporter. , "Furthermore, after the implementation of the new copyright law, one of the biggest differences is the addition of punitive provisions."

  It can be seen from CBA's litigation requirements that the 406 million yuan includes 170 million yuan in competition copyright fees, about 230 million yuan in punitive damages and other litigation costs of nearly 600,000 yuan.

  "The previous civil laws were the 'filling-in principle', that is, no matter how much you have lost, it would be fine if you don't lose money, and you won't make money because of it. Like the CBA's lawsuit request this time, it is actually a 2021 New Year's Eve. One application of the revised Copyright Law, because the punitive clause is cited, the maximum penalty for this clause is five times the penalty, which is actually a relatively advanced and relatively new case.” Xia Hou lawyer explained.

  In fact, after the figure of 406 million yuan in total claims was revealed, there is also a view in the market that CBA has "big mouths", but in the view of lawyer Xia Hou, "the specific compensation figures must be confirmed by the final judgment of the court. There are usually three compensation principles, one is based on the loss, the other is the benefit obtained by the infringer, and the third is the benefit that the infringed party can transfer to others. In litigation, the infringed party needs to choose one. Usually, it is the data that is beneficial to you and the easiest to obtain." The 406 million yuan proposed by CBA is not without reason, of which 170 million yuan was the copyright fee paid by Tencent and Youku, which had legal copyright at that time. The 230 million yuan punitive damages are converted into the number of games based on the total duration of the CBA games and related highlights broadcasted by station B, multiplied by the CBA copyright fee for a single game at that time, and then multiplied by 3 times.

  In fact, similar lawsuits are not uncommon in recent years.

In January this year, the Premier League officially announced that the Premier League won the lawsuit with PPTV, and PPTV was sentenced to pay 164 million pounds (about 1.422 billion yuan).

In 2019, PPTV won the exclusive broadcast rights of the Premier League in China for a total of 3 seasons from 2019 to 2022 for 523 million pounds.

  A few days ago, the Spanish Professional Football League terminated the cooperation with Wuhan Dangdai Mingcheng Culture and Sports Group Co., Ltd. According to the La Liga League, Dangdai Mingcheng should bear 105 million euros (approximately RMB 741 million) in liquidated damages and 45 million euros (approximately RMB 741 million). RMB 318 million) overdue payment obligations.

Xinying Cayman, a subsidiary of Dangdai Mingcheng, owns the full media copyright of La Liga for 10 seasons from 2019-2020 to 2028-2029.

  "As for intellectual property, it belongs to a specialized field. There are very detailed laws, bills and precedents. After so many years, they have been continuously filled. Therefore, the entire field of intellectual property, including sports copyright, is relatively complete. " Xia Hou lawyer said.

  However, as mentioned above, the copyright-related fields of sports events in my country can only be regulated by the Copyright Law, the newly revised Sports Law, and the Contract Law.

Perhaps it is for this reason that there are always some edge ball situations.

For example, a large number of software are pirating games, and various short videos using copyrighted images are flooding video websites.

  "Intellectual property rights and sports copyrights urgently need to cultivate professional talents. At the same time, it is necessary to further enhance the public's awareness of intellectual property protection. With the continuous improvement of relevant laws and regulations, I believe that China's sports industry will usher in better development." Lawyer Xia Hou said.

  China Youth Daily, China Youth Daily reporter Yang Fen Source: China Youth Daily