Chinanews Client Beijing, April 27th (Reporter Song Yusheng and Ren Siyu) "Joint Statement of Major Video Platform Film and Television Companies" "More than 500 Artists Speaking Against Short Video Infringement"... Recently, short videos have frequently been on the hot search list.
What happened to the short video?
Have you chased dramas through short videos?
Why does this way of chasing drama attract so many voices of opposition?
Source: Video screenshot.
The film and television industry speaks twice in half a month
Things will start on April 9.
On the same day, 15 associations including China Television Art Exchange Association and China TV Drama Production Industry Association joined 5 video platforms including iQiyi, Tencent Video, Youku, Mango TV, and Migu Video, as well as Noon Sunshine, Huace Film and Television, Ning Meng Film and Television, 53 film and television companies including Ciwen Media jointly issued the "Joint Statement" on the protection of film and television copyrights.
The statement stated that it will initiate centralized and necessary legal rights protection actions against unauthorized editing, cutting, transportation, and dissemination of the contents of film and television works by public account producers and operators currently appearing on the Internet.
Call on short video platforms and public account producers and operators to earnestly raise their awareness of copyright protection, and all sectors of society should actively report, delete, and block infringing content.
After two weeks, more people in the industry joined this "crisis."
On April 23, more than 70 domestic film and television media organizations and more than 500 actors issued a joint proposal, calling on short video platforms to promote copyright content compliance management and clean up unauthorized content.
Among them are Li Bingbing, Huang Xuan, Yang Mi, Di Lieba, Wang Yibo and other well-known artists.
Proposal.
Just one day before World Intellectual Property Day, on April 25, Yu Cike, Director of the Copyright Administration of the Central Propaganda Department, publicly responded to this. The work shall not be disseminated and used without permission. This is a basic principle stipulated by the Copyright Law.
This principle of course also applies to film and television works.
The National Copyright Administration will also continue to intensify its crackdown on infringements in the field of short videos, and resolutely rectify the infringements of short video platforms, as well as the unauthorized copying, performance, and dissemination of other people's films, music and other works by producers and operators of self-media and public accounts.
All these vocalizations point to the content of film and television works such as cutting, transporting, quick watching, and compilation.
So, short videos such as "five minutes to follow the show", "3 minutes to watch a movie" and other short videos, are they going to be completely "cool"?
Source: Video screenshot.
A new way of chasing drama under copyright risk
Short video platforms such as Douyin, Kuaishou, and Station B are filled with short video content such as "Watch XX movies in 5 minutes", "XX show you TV series", and "Quickly watch blockbuster movies in X minutes".
The reporter noticed that, in addition to a large number of programs that have been broadcast, there are also some programs that have not been introduced.
When the pace of life is getting faster and faster, double-speed and triple-speed chasing dramas have become standard, and similar short video works have gradually become a new way for audiences to chase dramas.
On the short video platform, some self-media accounts that cut and move movies and TV dramas have millions or even tens of millions of fans; some of these "short video works" have hundreds of thousands of likes.
Source: Video screenshot.
It is worth noting that some accounts have also begun to "carry goods" while relying on clips to obtain traffic.
The reporter found that in the context of the shift of short video platforms to e-commerce, more and more bloggers with traffic began to add products to the product window.
Source: Video screenshot.
Obviously, such works are very appetizing to netizens.
In addition to being able to quickly browse the plot, some netizens even said, "I wouldn't go to search for TV shows or go to the theater to buy tickets to watch movies without those few short videos."
Some netizens also bluntly said that if the edited short video is attractive, the audience will watch the original film. If others don't complain about some bad films, there is nothing to watch.
It can be seen that in the context of technological progress, everyone's viewing habits are gradually changing.
However, in the view of legal professionals, such short videos do have copyright risks.
Is "secondary creation" infringing?
When short video bloggers began to "harvest" traffic, the film and television industry began to focus on voices, and legal issues among them also surfaced.
Wang Jun, the chief partner of Taoan Law Firm, bluntly stated in an interview with a reporter from Chinanews.com that this move can be seen as a measure taken by the rights holders of film and television dramas to respond to the development of the short video market.
He pointed out that the originality of a short video work has the protective significance and value of audiovisual work; if a short video work infringes on the rights and interests of others, it should also be held accountable.
This is what the law should be.
The long film and television series related works are edited for the second time, although there are excerpts, cuts, and even comments.
This is called a second creation by some netizens.
Source: Video screenshot.
In this regard, Wang Jun said that "secondary creation" will indeed form new works, but it does not mean that creation can exempt from infringement.
"It is precisely because he has not been authorized or paid for this kind of'creative behavior', so he should bear the corresponding tort liability."
He believes that although such short video works may play a positive role in disseminating works, many of them are using the market value of online works, which is an inappropriate use of the legitimate rights and interests of others for personal gain.
“If the right holder’s work has not been effectively disseminated, a large number of short clips have appeared, which will indeed affect the normal market dissemination of the original right holder. For example, I may not have time, then I will use the short video ten The way to watch a movie in a minute, just look at the essence." Wang Jun said.
Expected win-win
On one side are film and television drama creators who hold copyrights, and on the other side are short video "secondary creators" with a large number of fans.
How to balance the relationship between copyright and communication?
Wang Yun, director of the Copyright Legal Professional Committee of the Beijing Bar Association and lawyer of Beijing Zhongyong Law Firm, told Chinanews.com reporters that he hopes to establish a mechanism so that film and television drama creators and users can share the benefits.
Wang Jun also believes that short videos, etc., as new forms of media communication, are undoubtedly innovations in business models and are worthy of recognition, but this should also be developed within the legal framework and should not be at the expense of damaging the prior rights of others.
"How can the rights holders of long videos and short video platforms and excellent short video producers establish a win-win mechanism? I think there are opportunities in the future."
While short video copyright risks have attracted much attention, reporters have also noticed that some film and television dramas have also begun to try to use short video platforms to spread their works.
Take the recent hit "Little Willingness" as an example. The producer opened an official account on the short video platform. In addition to fragmented dissemination of the work, it also distributed short video works with comments, which attracted a lot of attention.
Source: Video screenshot.
In this regard, Wang Jun suggested that both parties should carry out the secondary creation of short videos under the premise of copyright permission. This is the correct path stipulated by the law.
On this path, the platform party should better communicate with the copyright party in advance, so as to win the opportunity and possibility of secondary creation for outstanding creators on their own platform. At the same time, everyone can lasso new business models and authorization methods. .
The reporter learned that some short video platforms are already studying the possibility of cooperating with the content parties of film and television dramas.
(Finish)