Intellectual Property Behind Short Video Infringement

Intellectual Property Behind Short Video Infringement

As we all know,Long video and short video user battle has a long history, in.“Fast Food”The times of today,“A few minutesYou canafter watching a play”The short video is attracting more and more viewers.For example, the hit drama "Si Teng", which was on fire some time ago, has been played billions of times on trembles.However, behind the fire in the short video industry, film and television drama cutting, handlingcopyright disputes arising fromQuestionBut one after another.

Following4Month8Day, 100 film and television artists and70After a number of film and television media jointly boycotted short video infringement, recently, the State Film Administration also issued a document on its official website saying that it would strengthen film copyright protection and crack down on short video infringement and piracy in accordance with the law.As soon as this article was published, the short video infringement storm re-emerged, causing heated discussion among the public.

Many people have raised the question, under what circumstances would a short video constitute infringement? If a short video only intercepts a very short portion of the content, is it also considered infringement?

Wang Qian, professor and doctoral supervisor of East China University of Political Science and Law, and vice chairman of the China Copyright Association, said: The Copyright Law has provisions. In order to introduce, comment, and explain a certain issue, works can be appropriately quoted,The determination of "appropriate citation" requires specific analysis. For the problem of short video infringement, it is impossible to have a criterion as precise as a mathematical formula, such as shorter1Minute no infringement, more1Minutes on the inevitable infringement.

Zhao Zhanzhu, a researcher at the Intellectual Property Center of China University of Political Science and Law, said that judging whether the use of other people's works belongsWhen "reasonable use", the principle of "three-step test method" should be followed: the first step can only be made under special circumstances; the second step does not conflict with the normal use of the original work; the third step is not unreasonable To damage the legitimate rights and interests of the right holder of the original work. Judging from this, the editing and use behavior of film and television works in the short video platform generally does not constitute reasonable use.

Yu Cike, director of the Copyright Administration Bureau of the Central Propaganda Department, said that in recent years, my country's online short videos have developed rapidly. At the same time, the problem of short video infringement and piracy is more serious, and the majority of right holders have responded strongly and aroused social concern. This year, the National Copyright Administration will continue to intensify its crackdown on infringements in the field of short videos, and resolutely rectify the infringement of short video platforms and the unauthorized copying, performance, and dissemination of other people's film, music and other works by self-media and public account production operators.He emphasized that works cannot be disseminated and used without permission, which is a basic principle stipulated by the Copyright Law. This principle also applies to film and television.

Nowadays, the concept of intellectual property rights is becoming more and more popular, and the supervision is becoming more and more strict. The development of intellectual property protection in the field of short video is also following the trend and irreversible.

The relevant provisions of the the People's Republic of China Copyright Law:

Article 42 A producer of sound recordings or video recordings who exploits a work of another person for the production of a sound recording or video recording shall obtain permission from, and pay remuneration to, the copyright owner.

A producer of a sound recording who uses a musical work that has been legally recorded as a sound recording by another person to produce a sound recording may do so without the permission of the copyright owner, but shall pay remuneration in accordance with the regulations; if the copyright owner declares that it is not allowed to use it, it shall not use it.

Article 43 Producers of sound recordings and video recordings shall conclude contracts with, and pay remuneration to, performers for the production of sound recordings and video recordings.

Article 44 Producers of sound recordings and video recordings shall have the right to permit others to copy, distribute, rent, disseminate to the public through information networks and receive remuneration for their sound recordings and video recordings;12Month31day.

A licensee who reproduces, distributes or disseminates a sound recording or video recording to the public through an information network shall obtain the permission of the copyright owner and the performer at the same time, and pay remuneration; a licensee who rents a sound recording or video recording shall also obtain the permission of the performer, and pay remuneration.

Article 45 Where a sound recording is used for public transmission by wire or wireless, or is publicly broadcast to the public through technical equipment for transmitting sound, remuneration shall be paid to the producer of the sound recording.