Chinanews client, Beijing, March 18 (Reporter Wu Tao) Recently, "iqiyi sued B station" rushed into hot searches, and iqiyi responded to Chinanews: this is indeed a regular rights defense.

　　Behind the incident, there have been frequent disputes involving copyright infringement on video websites recently: iQiyi sued station B, LeTV sued iQiyi, Youku sued LeTV, Tibet LeTV sued Youku, Tibet LeTV sued iQiyi, Aiqi. Art counter sues Tibet LeTV...

　　Among these disputes, some judgments have been announced, and some are still under trial.

　　In this regard, some netizens commented: Your circle is really messy.

Video platform set off a wave of infringement lawsuits

　　According to the Beijing Court Trial Information Network, Beijing Aiqiyi Technology Co., Ltd. publicly announced the opening of a dispute case involving infringement of works information network communication rights with Shanghai Kuanyu Digital Technology Co., Ltd. (Station B). The case number is (2021) Beijing 0491 in the early Republic of China. No. 11434, etc., handled by the Beijing Internet Court.

The hearing date is March 23, 2021.

Image source: Screenshot of Tianyancha

　　The Tianyan Check app shows that iQiyi had sued Station B for the "China Has Hip-Hop" program before and received a total of 53,500 yuan in compensation.

　　On the whole, there are frequent infringement disputes in the online video field, and the phenomenon of "others infringe me, I also infringe others" is prominent.

For example, a number of dispute judgments in which iQiyi sued other companies for infringement showed that iQiyi ended up in compensation.

　　At the same time, many first-instance judgments concerning disputes between Tibet LeTV Information Technology Co., Ltd. and Beijing Aiqiyi Technology Co., Ltd. for infringement of the right to spread information on the work information network show that iQiyi lost the lawsuit and compensated.

　　In fact, not only online videos, but similar infringement disputes in the fields of music and pictures are also frequent. On the whole, infringements must be held accountable.

　　For example, the first-instance civil judgment on the dispute between Huayu World Expo Music Culture (Beijing) Co., Ltd. (plaintiff) and Beijing Kuaishou Technology Co., Ltd. on the infringement of work information network communication rights announced on January 11 showed that the defendant Kuaishou APP provided the music album "Li Yuchun" in the song " With the use of the songs "Spirited Away" and "A Mo", Internet users can select the above two songs as the background music of the video when shooting videos through the Kuaishou APP. The defendant's actions seriously violated the plaintiff's legitimate rights and interests.

The court of first instance quickly compensated the plaintiff for economic losses.

　　Regarding disputes between video platforms, many netizens don’t think it’s a big deal.

For example, iQiyi’s prosecution at Station B has sparked heated debates before the court session.

Some netizens said, "Which member is free, I will occupy whoever, because the member of station B has no advertisement, this time I will occupy station B." But some netizens replied, "Know the law? Free and no advertisements are not reasons for infringement."

　　The "

safe haven principle

"

is abused

　　A reporter from Chinanews.com found that in many cases of infringement disputes, the "safe haven principle" was frequently mentioned.

　　For example, the judgment date is December 11, 2020. The first-instance civil judgment on the dispute between Tibet LeTV Information Technology Co., Ltd. and Beijing Aiqiyi Technology Co., Ltd. over the infringement of the information network dissemination rights of works shows that iQiyi argued that the defendant did not constitute an infringement of the information network. The right of communication, the works involved in the case are displayed as uploaded by users, and the defendant is only the network service provider, and the notification-deletion rule should be applied.

Image source: The date of the judgment is December 2, 2020. The first-instance civil judgment of Tibet LeTV Information Technology Co., Ltd. and Beijing Aiqiyi Technology Co., Ltd. for infringement of the right to disseminate information on the network of works.

　　In addition, the first-instance civil judgment of Tibet LeTV Information Technology Co., Ltd. and Beijing Aiqiyi Technology Co., Ltd. on December 2, 2020 in the dispute over the infringement of the information network dissemination rights of works shows that iqiyi argues that the works involved in the case are owned by users For uploading, the defendant is a network service provider, and the safe harbor principle should be applied. Multiple cases were uploaded by the same user, with the same source file, but the port was different, and repeated prosecutions.

　　But for the above two cases, the court decided in the first instance that the defendant Beijing Aiqiyi Technology Co., Ltd. compensated the plaintiff Tibet LeTV Information Technology Co., Ltd. for economic losses of 10,000 yuan and 15,000 yuan, respectively.

　　In fact, in 2018, the National Copyright Administration, the National Internet Information Office, the Ministry of Industry and Information Technology, and the Ministry of Public Security jointly launched a special action to combat Internet infringement and piracy "Jianwang 2018". The relevant departments have interviewed 15 companies including Kuaishou, Station B, and Weishi. enterprise.

　　At that time, the relevant person in charge made it clear that without authorization, it is not allowed to directly copy, perform, and disseminate other people's works of film and television, music, photography, text, etc., or abuse the "safe haven" rules to infringe and disseminate other people's works in the name of uploading by users.

　　In 2020, in the "Jianwang 2020" special action, the four departments also launched a special rectification of audio-visual works copyright, severely cracked down on infringement and piracy in the field of short videos, and severely cracked down on the spread of infringing and pirated works through streaming media software and hardware.

　　"Video platforms use endless new technologies to circumvent the'safe harbor principle', condone users' infringement, and prevaricate on the basis of content uploaded by users themselves. It is playing hooliganism." Some commented that because the "safe harbor principle" is not a safe haven for infringement.

　　What do you think about infringement disputes between video platforms?

(Finish)