[Explanation] In recent years, there has been a "transportation boom" on major short video platforms.
On some accounts and the host’s homepage, the title gimmicks such as "Watching a Movie in Five Minutes" and the classic work "Done on One" are full of gimmicks, attracting the attention of many netizens.
[Concurrent] People in Beijing
They are generally more exciting episodes of TV dramas.
[Concurrent] People in Beijing
For example, the recent hit "Shanhe Ling", before "Shangyang Fu" and so on.
It is divided into several episodes in one episode, just like this serial update.
Maybe you don't need to go to a certain video website to check it, you can watch it for free directly from above.
[Explanation] The reporter found that these film and television drama editing accounts often rely on editing to "transport" classic or popular film and television drama clips to attract fans, and when they grow up, they make profits through means such as bringing goods and advertising.
The lawyer stated that these common actions such as handling, cutting, and arbitrary editing belong to the scope of infringement.
[Concurrent] Han Xiao, lawyer of Beijing Kangda Law Firm
This kind of pure transfer or pure editing, without any thinking about the work, and a work that cannot be regarded as an independent work, we believe that this constitutes infringement.
According to the relevant provisions of my country's "Copyright Law", if the circumstances of deliberate infringement of copyright or related rights are serious, the amount can be determined based on the actual loss of the right holder, the illegal income of the infringer, and the royalties. One compensation will be given if it is less than twice.
[Explanation] Recently, more than 70 film and television media units and enterprises, including the China Television Art Exchange Association and China Television Drama Production Industry Association, issued a joint statement that they will unauthorize the content of film and television works by the producers and operators of public accounts currently appearing on the Internet. Carry out editing, cutting, transportation, dissemination, etc., and initiate centralized and necessary legal rights protection actions.
[Explanation] The lawyer pointed out that at present, it is difficult to define whether a short video is original or infringing.
In addition, the low cost of violations is also an important reason for the frequent occurrence of infringements.
[Concurrent] Han Xiao, lawyer of Beijing Kangda Law Firm
Because the state does not have a special explicit basis for such creation, what is originality, including whether it is abused.
For example, how many repetitions he made, or how many shots were cut into the entire production.
The cost of this kind of infringement is relatively low now. Through handling or imitating, he grabbed a lot of traffic from the script itself, increased the amount of attention inside, and made an advertisement profit.
[Explanation] The lawyer said that China is currently constantly improving relevant laws and regulations, and the awareness of rights protection of some copyright owners needs to be strengthened.
At the same time, short video platforms need to be strictly supervised and checked to protect original works and the creative enthusiasm of film and television creators.
[Concurrent] Han Xiao, lawyer of Beijing Kangda Law Firm
From the copyright owner’s point of view, in fact, the awareness of rights protection should be enhanced and an alliance should be actively formed.
For such infringers, we suggest that penalties should also be increased to increase the cost of violations.
The new "Copyright Law" will be implemented on June 1st of this year (2021). The entire penalty intensity and cost have been greatly increased. The original maximum may be 500,000, but it can now be increased to 5 million.
At the same time, the platform should also strengthen the self-discipline of an industry, strengthen review and supervision of platform production, timely remove related works, safeguard the legal rights of the entire right holder, and maintain a fair environment of creation and competition.
Reporting from Beijing by reporter Lang Jiahui
Editor in charge: [Li Yuxin]