Xinhua Omnimedia+丨Uncover the hidden intellectual property "minefield" in the "Internet celebrity economy"
Xinhua News Agency, Xi'an, April 26 (Reporters Li Hao, Sun Zhengzheng) At present, with the rise of the "Internet celebrity economy", short videos of various commodity evaluations have attracted much attention.
This type of video generally compares products of the same type from multiple brands and evaluates the pros and cons. Some online evaluations have even become a shopping guide for many consumers.
However, some bloggers "secretly stepped on" others through online assessments, in fact, only to "bring goods" for themselves. This kind of "clearly a referee, secretly an athlete" behavior may be illegal.
There are many intellectual property "minefields" hidden in the "Internet celebrity economy", let's take a look.
"It's not pure triticale" "It's color is actually dyed" "This one uses butter, just ordinary butter"... Xi'an A Culture Technology Co., Ltd. posted on its Douyin account "Three Ways to Pick" In the short video of "High-Quality Lieba", the company's Lieba is compared and evaluated with the Lieba produced by several other companies. The company was later taken to court.
The statement is one-sided, highlighting its own advantages and spreading the disadvantages of competitors... Judge Chen Jing of Xi'an Intermediate People's Court who heard the case believes that as a commodity provider, the video released by this company is aimed at competition, and its views lack relevant national and industry standards and standards. The support of relevant data makes the public misunderstand the actual quality of competitors, damages the commercial reputation of competitors and the reputation of products, and their behavior constitutes commercial slander.
"Unfair competition disputes are also intellectual property cases, and such cases often occur in the 'Internet celebrity economy'." Chen Jing said, in addition to competition disputes caused by online evaluation, "video transfer" is also in the "Internet celebrity economy". A hot spot for intellectual property cases.
"Watching a movie in three minutes" "You don't have to watch the original movie after watching it"... On short video platforms, you can often see similar video content. This kind of short video has also become a popular choice for many netizens to chase dramas, but behind it is a violation of The profit-seeking chain of intellectual property rights.
Cut a TV series into 122 small clips, covering the main plot.
The short video blogger "Post-80s Digging Drama Jun" attracted traffic by editing and watching dramas, and his behavior was judged by the court to infringe the information network communication rights of the original drama.
There are many similar phenomena. Many short video accounts cut film and television works into multiple short videos by means of cutting, transporting, and secondary creation, and making them into collections. Some videos have over 100 million views.
Then, these accounts will use methods such as "carrying goods" and receiving advertisements to monetize the traffic.
But this way of grabbing profits is based on the infringement of intellectual property rights.
Today, intellectual property cases in the "net celebrity economy" have developed from online to offline.
In Xi'an, a restaurant's Internet celebrity dish "Concubine Xiao" was quickly copied by a "neighbor" restaurant, causing a dispute. The court finally ruled that this behavior constituted improper competition.
Zhang Aiguo, an associate professor at the School of Economics and Law of Northwest University of Political Science and Law, said that with the rapid development of the "Internet celebrity economy", many intellectual property disputes have arisen. At the same time, the low cost of breaking the law and the difficulty in safeguarding the rights of the infringed also contribute to this kind of unhealthy trend; in addition, some netizens have weak legal awareness and lack of understanding of intellectual property protection.
In order to curb the savage growth of the "Internet celebrity economy" and maintain the healthy development of the Internet industry, industry experts believe that online platforms are obliged to guide users to standardize the creation of short videos, and should strengthen the supervision responsibility of online platforms, carry out special governance of intellectual property rights, and establish intellectual property rights violations. The "blacklist" of property rights will prevent the continued infringement of the "vest"; at the same time, relevant departments should strengthen the popularization and enforcement of intellectual property rights, and enhance the awareness of intellectual property protection in the whole society.