Online company advertised "Taste a good movie in ten minutes", the
country's first "graphic movie" infringement was awarded 30,000
According to information from the Beijing Intellectual Property Court, the Beijing Intellectual Property Court recently concluded a case of "Illustrated Film" information network dissemination rights concerning "Three Life, Three Worlds, Ten Miles of Peach Blossoms" and the "Military Division Sima Yi's Military Division Alliance". After trial, the court held that the defendant Shu Technology Co., Ltd. infringed on Youku's right to disseminate the information network enjoyed by the two dramas, upheld the first-instance judgment and awarded economic losses of 30,000 yuan. It is understood that this case is the first case in the country that involves infringement of the production of film and television works into an online photo album, and is of great significance for clarifying the boundaries of commercial development and rational use of the film and television market.
It is understood that Youku enjoys the right to disseminate the information in the above two works, "San Sheng San Shi Shi Li Tao Hua" and "Military Division Sima Yi's Military Division Alliance". The "Graphic Movies" APP and "Graphic Movies" websites operated by Shuan Technology Co., Ltd. are online graphic movie commentary platforms that promote "Taste a Good Movie in Ten Minutes" and provide "Graphic Movies" of the above two works on their website. "Photo album.
Youku believes that its actions infringe on the right to spread the information of the work involved in the information network, and appealed to the court. After trial, the court of first instance held that the alleged graphic infringement was established and ordered the defendant to compensate 30,000 yuan in economic losses. Shumi Technology Co., Ltd. appealed to the Beijing Intellectual Property Court.
The court held that the defendant claimed that it only provided information storage space services, and the episodes involved were uploaded by network users, but the evidence provided by them was insufficient to prove that the picture collections involved were uploaded by real users and should bear the adverse consequences of proof. Although the defendant’s behavior changed the original expression of the drama series involved, and provided an online photo collection rather than the video itself, the “Providing the works to the public by wire or wirelessly” as stipulated in Article 12 of Article 10 of the Copyright Law The act of "should not be narrowly limited to providing the public with a complete work in a way that does not change the form of the work."
The drama series involved is a continuous dynamic film and television screen, and the network photo collection involved is a static image. Although the two forms of expression are different, it does not mean that there is no act of providing the work when the form of the electric work is changed. And according to the existing production technology, the essence of the electric-like works of flowing pictures is the collection and continuous playback of still pictures, and the frame-by-frame pictures in the electric-like works should also be an integral part of the works.
The key to judging whether the defendant has provided works is to examine whether the picture collection in the case uses the original expression of the drama series involved and can basically reflect the entire content of the drama series. In this case, the online photo collection of the case intercepted 382 pictures in the episode, which is the content of the original expression in the episode, which can reflect the complete content of the episode, constitute the act of providing works, and online through the network, To enable the public to obtain a collection of pictures of the case at a time and place selected by the individual. The court therefore determined that the above-mentioned acts carried out by the defendant had infringed on the plaintiff's right to disseminate the information network of the drama series involved.
Text/Reporter Li Tiezhu Zhu Jianyong
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