"The original price of 'Linna Belle' is more than 200 yuan, and the 'second sale price' in the live broadcast room is only more than 40 yuan." A few days ago, a big V with goods was taken away by the police on the spot during the live broadcast for selling pirated and fake goods, "IP copyright protection" once again aroused social concern and heated discussions.
What does IP copyright protection mean?
Which rights and interests are protected during the protection period, and which rights and interests will be open to the public after the protection period?
In this regard, relevant professionals gave detailed answers to People's Net Finance.
"Copyright protection is linked to innovation and the market"
"To protect intellectual property is to protect innovation." Copyright is an important part of intellectual property.
In my country, copyright, also known as copyright, is the civil right enjoyed by authors or other copyright holders in accordance with the law to literary, artistic and scientific works. The Copyright Law clearly stipulates the term system of copyright protection.
Wang Zhengyu, a partner and lawyer of Beijing Jingshi Law Firm, introduced that the law clearly stipulates that during the copyright protection period, others must obtain the permission of the copyright owner and pay the corresponding remuneration when using the work.
For works of natural persons, the term of copyright protection is 50 years after the author's lifetime and after his death; for works of legal persons and unincorporated organizations, and audio-visual works, the term of copyright protection is 50 years after the creation or first publication.
Experts point out that copyright protection is linked to innovation and the market at the other.
As we all know, from Disney's Mickey, Donald Duck, Lina Belle, to domestic Bubble Mart's MOLLY, a group of popular IPs have strong "gold-absorbing" ability.
Without copyright protection, anyone can easily plagiarize the wisdom of others to gain benefits, and the momentum of innovation will be sharply reduced.
In recent years, new content forms such as short videos and online live broadcasts have developed rapidly. Background music in short videos, songs sung by anchors during live broadcasts, and even fonts in posters with goods have caused copyright infringement disputes to occur from time to time.
"As emerging business models continue to emerge, the copyright management department should further strengthen supervision, pay attention to new copyright infringement patterns in a timely manner, and give full play to the functions of administrative law enforcement and administrative mediation." said Tao Qian, associate professor at the School of Law, China University of Political Science and Law. Strengthening the judicial protection of intellectual property rights can better stimulate scientific and technological innovation, maintain fair competition, and promote cultural prosperity.
"Blindly extending the term of copyright protection is not entirely positive"
Even for well-known IPs like "Mickey Mouse", copyright protection is limited.
According to media reports, in 2024, Disney may lose the exclusive rights to the 1928 version of Mickey Mouse.
Meanwhile, between 2027 and 2035, the copyrights of "Goofy," "Donald Duck," "Snow White and the Seven Dwarfs," and "Pinocchio" will all expire one after another.
After the copyright protection period expires, what rights can be opened to the public?
Which are still protected?
Wang Zhengyu told reporters that in my country, copyright includes a total of 16 rights.
The "Copyright Law" stipulates that "the author's right of authorship, modification right, and the protection period of the right to protect the integrity of the work are not limited." distort, falsify.
The remaining reproduction rights, distribution rights, rental rights, exhibition rights, performance rights, exhibition rights, broadcasting rights, information network dissemination rights, filming rights, adaptation rights, translation rights, compilation rights and other rights that should be enjoyed by the copyright owner, After the copyright protection period expires, it can be opened to the general public, and everyone can freely exercise the above-mentioned rights to works that enter the public domain.
Relevant information shows that since 2006, Disney has successfully "lobbied" the US Congress many times to request an extension of copyright protection.
"This method is not reproducible, and actually has a negative effect on stimulating the creativity of the public." Wang Zhengyu believes that the copyright system should not only consider protecting the rights of authors, but also consider allowing works to enter the public domain at an appropriate time. For the public to use, to stimulate the creativity of the group, the effect of blindly extending the copyright protection period on copyright protection is not entirely positive.