On November 12, “The topic #张伊吱困说说是什么意思” became a hot search topic. Zhang Yimou bluntly said that as a film director, it was sad to see such short videos, and called on the audience to go to the cinema instead of just quickly browsing the 3-minute movie commentary on their mobile phones.
The short video of film and television commentary is based on the secondary processing of film and television works. During the explanation process, a large number of film and television works are quoted. Does this kind of behavior involve infringement of copyright?
In addition, does the "synchronous follow-up" ultra-long short video infringe and become a film and television drama? Copyright?
Zhang Yimou said that the short movie commentary video was speechless. Internet screenshot
Question 1｜Is there any infringement in the "3-minute movie commentary"?
"Editing other people's film and television works without the permission of the copyright owner and publishing them as a 3-minute short video at least infringes upon the copyright owner's rights to protect the integrity of the work, distribution rights, and information network dissemination rights." Beijing Mugong Law Firm Liu Changsong, director of the institute, told the cover news reporter.
According to Article 53 of the Copyright Law, the above-mentioned infringements shall bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating losses according to the circumstances. If infringes on and harms public interests at the same time, the competent department shall order the infringement to stop, give a warning, confiscate the illegal income, and if the illegal business volume exceeds 50,000 yuan, a fine of not less than 1 time but not more than 5 times of the illegal business volume may be imposed; no If the amount of illegal business or illegal business is difficult to calculate or is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Question 2:｜Is there any infringement in the "synchronous follow-up" of super long and short videos?
At the same time, the "synchronous broadcast" of ultra-long and short videos has become a new challenge for film and television drama infringement.
Reporters noticed that in the infringement case of iQiyi suing Bilibili’s short video commentary "Kurst", the People's Court of Kaifu District, Changsha City, Hunan Province determined that the alleged infringement constituted a substantial substitute for "Kurst", and the accused video had a total of 36, of which 35 videos are divided into episodes, updated, and arranged continuously. Key scenes from all episodes 1 to 39 of the audio-visual work "Hurry" are edited in slices to completely reproduce all episodes. content. The other video being sued is seven hours long and covers almost all episodes of "Rush."
In the end, the court ruled that the defendant should compensate the defendant for economic losses and reasonable expenses totaling 800,000 yuan.
In April 2021, more than 70 film and television media units and social groups issued a joint statement on copyright protection, stating that they will prevent unauthorized editing, slicing, and stripping of film and television works by producers and operators of public accounts currently appearing on the Internet. Concentrated and necessary legal rights protection actions will be initiated for actions such as transportation and dissemination.
Subsequently, the National Film Administration also issued a document clarifying that it will strengthen film copyright protection and crack down on short video infringement and piracy in accordance with the law.
Focusing on the copyright dispute between long and short videos, film and television platforms such as "Aiyouteng" have collectively "crusted" short video platforms. Data shows that from June to December 10, 2021, Tencent sued Douyin 168 times in 18 courts across the country on the grounds of infringement of copyright , with a total amount of more than 2.943 billion yuan.
In 2022, Tencent sued Douyin over the "Yunnan Worm Valley" short video infringement case. The court ruled that Douyin should compensate Tencent for economic losses and reasonable expenses of more than 32.4 million yuan. The high compensation triggered heated discussions in society.
"As for the amount of compensation for the copyright owner's losses, generally the infringer should compensate the right holder for whatever amount he earns. The legal proverb is that 'no one shall profit from the infringement.'" Liu Changsong said that the right holder can also make money according to his own The amount of compensation is claimed based on the loss. Even if the infringer does not obtain any benefit, the right holder must be compensated for the loss.
In April 2021, more than 70 film and television media units and social groups issued a joint statement.Internet screenshot
Question 3: | How to solve the difficulty of supervision and rights protection due to the low threshold for short video infringement?
Reporters noticed that due to the characteristics of short video infringement such as low threshold, low cost, and easy dissemination, the problems of "difficulty in supervision" and "difficulty in safeguarding rights" are still common.
On the Douyin and WeChat video account platforms, film and television commentary accounts are still everywhere. Many accounts have "product showcases" selling items including snacks, daily necessities, group buying platforms, etc.
Some film and television accounts have "product showcases". Network screenshot
It is worth noting that long and short videos are gradually merging in the competition.
In June 2022, Kuaishou and LeTV Video reached a second creation-related licensing cooperation on LeTV’s exclusive self-made content.
In July of the same year, iQiyi and Douyin announced a strategic cooperation agreement. According to the cooperation, iQiyi will authorize Douyin's long video content with information network dissemination rights and sub-authorization among its content assets to be used for short video creation, and to create secondary short video forms such as narration, mixing and editing, and stripping. made a specific agreement. Previously, Douyin also reached a cooperation with Sohu and obtained the copyright related to the secondary creation of all Sohu’s self-made film and television works.
In April 2023, Douyin and Tencent Video announced a cooperation. Tencent Video will authorize Douyin to long videos with information network dissemination rights and sub-licensing rights, and cooperate around long and short video linkage promotion and short video derivative creation.
On November 12, “The topic #张伊吱困说说是什么意思” became a hot search topic. Zhang Yimou bluntly said that as a film director, it was sad to see such short videos, and called on the audience to go to the cinema instead of just quickly browsing the 3-minute movie commentary on their mobile phones.
The short video of film and television commentary is based on the secondary processing of film and television works. During the explanation process, a large number of film and television works are quoted. Does this kind of behavior involve infringement of copyright?
In addition, does the "synchronous follow-up" ultra-long short video infringe and become a film and television drama? Copyright?
Zhang Yimou said that the short movie commentary video was speechless. Internet screenshot
Question 1｜Is there any infringement in the "3-minute movie commentary"?
"Editing other people's film and television works without the permission of the copyright owner and publishing them as a 3-minute short video at least infringes upon the copyright owner's rights to protect the integrity of the work, distribution rights, and information network dissemination rights." Beijing Mugong Law Firm Liu Changsong, director of the institute, told the cover news reporter.
According to Article 53 of the Copyright Law, the above-mentioned infringements shall bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating losses according to the circumstances. If infringes on and harms public interests at the same time, the competent department shall order the infringement to stop, give a warning, confiscate the illegal income, and if the illegal business volume exceeds 50,000 yuan, a fine of not less than 1 time but not more than 5 times of the illegal business volume may be imposed; no If the amount of illegal business or illegal business is difficult to calculate or is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Question 2:｜Is there any infringement in the "synchronous follow-up" of super long and short videos?
At the same time, the "synchronous broadcast" of ultra-long and short videos has become a new challenge for film and television drama infringement.
Reporters noticed that in the infringement case of iQiyi suing Bilibili’s short video commentary "Kurst", the People's Court of Kaifu District, Changsha City, Hunan Province determined that the alleged infringement constituted a substantial substitute for "Kurst", and the accused video had a total of 36, of which 35 videos are divided into episodes, updated, and arranged continuously. Key scenes from all episodes 1 to 39 of the audio-visual work "Hurry" are edited in slices to completely reproduce all episodes. content. The other video being sued is seven hours long and covers almost all episodes of "Rush."
In the end, the court ruled that the defendant should compensate the defendant for economic losses and reasonable expenses totaling 800,000 yuan.
In April 2021, more than 70 film and television media units and social groups issued a joint statement on copyright protection, stating that they will prevent unauthorized editing, slicing, and stripping of film and television works by producers and operators of public accounts currently appearing on the Internet. Concentrated and necessary legal rights protection actions will be initiated for actions such as transportation and dissemination.
Subsequently, the National Film Administration also issued a document clarifying that it will strengthen film copyright protection and crack down on short video infringement and piracy in accordance with the law.
Focusing on the copyright dispute between long and short videos, film and television platforms such as "Aiyouteng" have collectively "crusted" short video platforms. Data shows that from June to December 10, 2021, Tencent sued Douyin 168 times in 18 courts across the country on the grounds of infringement of copyright , with a total amount of more than 2.943 billion yuan.
In 2022, Tencent sued Douyin over the "Yunnan Worm Valley" short video infringement case. The court ruled that Douyin should compensate Tencent for economic losses and reasonable expenses of more than 32.4 million yuan. The high compensation triggered heated discussions in society.
"As for the amount of compensation for the copyright owner's losses, generally the infringer should compensate the right holder for whatever amount he earns. The legal proverb is that 'no one shall profit from the infringement.'" Liu Changsong said that the right holder can also make money according to his own The amount of compensation is claimed based on the loss. Even if the infringer does not obtain any benefit, the right holder must be compensated for the loss.
In April 2021, more than 70 film and television media units and social groups issued a joint statement.Internet screenshot
Question 3: | How to solve the difficulty of supervision and rights protection due to the low threshold for short video infringement?
Reporters noticed that due to the characteristics of short video infringement such as low threshold, low cost, and easy dissemination, the problems of "difficulty in supervision" and "difficulty in safeguarding rights" are still common.
On the Douyin and WeChat video account platforms, film and television commentary accounts are still everywhere. Many accounts have "product showcases" selling items including snacks, daily necessities, group buying platforms, etc.
Some film and television accounts have "product showcases". Network screenshot
It is worth noting that long and short videos are gradually merging in the competition.
In June 2022, Kuaishou and LeTV Video reached a second creation-related licensing cooperation on LeTV’s exclusive self-made content.
In July of the same year, iQiyi and Douyin announced a strategic cooperation agreement. According to the cooperation, iQiyi will authorize Douyin's long video content with information network dissemination rights and sub-authorization among its content assets to be used for short video creation, and to create secondary short video forms such as narration, mixing and editing, and stripping. made a specific agreement. Previously, Douyin also reached a cooperation with Sohu and obtained the copyright related to the secondary creation of all Sohu’s self-made film and television works.
In April 2023, Douyin and Tencent Video announced a cooperation. Tencent Video will authorize Douyin to long videos with information network dissemination rights and sub-licensing rights, and cooperate around long and short video linkage promotion and short video derivative creation.
Source: Cover News
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