State B can not go out of infringement siege

@新 新 新

Author 丨 Li Lili

Edit 丨 Monthly

After the long and short video century reconciliation, the copyright lawsuit of station B became more and more conspicuous.

On July 23, the Beijing Higher People's Court issued a ruling. The CBA (China Basketball League) sued station B infringement and claimed 406 million compensation. This is also the largest infringement claim in the history of domestic sports copyrights.

In the "infringing the right to the network information dissemination of the work", the public infringement information such as Douyin, Kuaishou, and Station B, "New Entropy" saw in the Enterprise Check that Douyin involved 613 infringement cases, 942 fast hands, and 1394 station B. In terms of quantity, station B won.

Recently, some foreign variety shows at station B will also be removed from the shelves. This time, the users have not had time to be sad, and some netizens spoke: "Isn't it normal to get off the shelves?

For a long time, when long and short videos are arguing about copyright issues, Station B can always escape. There are rush to the front, station B is so aggrieved as if she is wronged in a mistake. There is always a voice to shout for station B: The long video is just the copyright, but the freedom of creative creation.

In the discussion of multiple dimensions such as the business model, the number of users, and the creative atmosphere of B, a lowest bottom fact is completely ignored: this content community that started with UGC still faces many clear infringement lawsuits with clear powers and responsibilities. The CBA sky -high claim was just the tip of the iceberg.

What does 400 million claims start? The main body of copyrights at home and abroad has sued Station B. How did station B responded? The case of Youtube governing infringement is the front, is it possible for station B to follow?

How did the 151 billion claims come from?

Station B has become the title sponsor of the Shanghai men's basketball team in 2016. It is reported that the title fee is 15 million yuan. Later, the two seasons of CBA2017-18 and 2018-19 were obtained. CCTV Sports Channel also reported two cooperations with "Bilibili Break CBA".

After the cooperation, Migu, Tencent, and Youku obtained the copyright of the 2019-20 CBA new media event at a price of 170 million yuan. The content that can be seen on station B includes 281 CBA League 2019-2020 season full-game video, and 416 race programs for the season.

In this regard, the CBA spent 570,000 to complete the collection of evidence collection of infringement videos, and calculated 78.76 million losses based on the number of infringement, infringement time, and copyright distribution. Beijing court.

It is worth mentioning that on June 1, 2021, the newly revised "Copyright Law" was officially implemented. The new bill stipulates the punitive compensation mechanism, that is, "the infringer maliciously played the audiovisual works that others have the right to others can be on Based on the three calculation methods of the actual loss, the illegal income of the infringer, and the use fee for the use fee, it will be judged 1 to 5 times the compensation. "

Therefore, comprehensive behavior of station B, CBA believes that there is a subjective and intentional infringement behavior at Station B, and claims 3 times punitive compensation, totaling 236 million.

At the same time, CBA also believes that Station B violates the "Improper Competition Law", and has added 170 million broadcast rights and 570,000 rights protection costs. Finally, 406 million sky -high claims were obtained. The achievement of the biggest claim.

For sports events, copyright is the most important resource. Among them, the right to broadcast the event is one of the most core and the most powerful copyright forms. Suning Sports bought the Premier League in the 2019-22 season in China, as high as US $ 721 million, equivalent to about 5.129 billion yuan, an average of 1.7 billion yuan per season. The copyright cost of the La Liga 2017-22 season bought by Contemporary Mingcheng spent 300 million euros in China, with an average of 480 million yuan per season.

Suning Sports is now in debt, and the contemporary Mingcheng Road is unknown. On the B station, simply search can find that the Premier League 2019-20 season has a total of more than 700 hours of competition collection, with a playback volume of 189,000; including 2017-2018 The Bundesliga, the 2018-2019 season La Liga, the 2019-20 season of the UEFA Champions League, and many other events, as well as many collective videos.

If these sports competition versions have issued a lawsuit against station B according to the CBA calculation method, Station B will face countless sky -high claims.

In fact, with the implementation of the Copyright Law, the maximum limit of infringement punishment is no longer at 500,000 yuan, but the maximum punitive compensation has been added. Putty of rights protection.

According to interface news reports, from June to December 10, 2021, Tencent sued 168 Douyin in 18 courts in 13 provinces across the country on the grounds of infringement of copyright, with a total target of more than 2.943 billion yuan. Among them, there are 4 cases of more than 100 million yuan, and the target of "Douro Continent" is the highest, reaching 800 million yuan; followed by "You Are My Glory", which is 755 million yuan.

These are also alert to station B. The era of barbaric growth in the Internet has already ended. The copyright issue that cannot be around is the sword of Damocolis, which is always hanging on the head of station B.

02 B station back no shore?

On the China Magistrate Document Network, a total of 875 documents were retrieved with "Shanghai Kuan Entertainment" (BRIB's main company) as keywords. The "New Entropy" reads the first 600 referee documents on station B, from December 2009 to July 2022. Prior to 2014, in the 27 referee documents of station B, Shanghai Kuan Entertainment mostly became the copyright provider of the infringing film, because it provided some Internet cafes to provide film resources to become the background board of the case.

After 2014, the style of painting has changed abruptly, and the object of response to station B has become a video website such as Mango Super Media, iQiyi, Youku, LeTV. The entanglement of Xiao Po and Ai Youteng have since begun and intensified.

For station B, the biggest thing for this year is the former angel investor Chen Rui officially joined Station B as the chairman. At the same time, after 5 years of establishment, Station B announced the purchase of the first genuine animation "Every degree! "Pu'an Tiejin Family", the authenticization of the station's resources on the agenda finally started.

At the same time as the genuine work is accelerated, the infringement lawsuits of Station B are also more and more. Jiangsu, Shanghai and other local stations, including CCTV International Network, have also begun to issue lawsuits on Station B.

Faced with multiple lawsuits, Station B adopts the "drag" tactics. When working with iQiyi, he applied for a change of trial on the grounds of jurisdiction. The first mention of station B is also the objection to jurisdiction and apply for a change in the court with a huge amount of the subject.

These behaviors that have nothing to do with infringement are basically rejected by the court. But to a certain extent, the prosecutor was really dragged.

Iqiyi spent two years, and after 10 rulings, they got two first -instance judgments of film and television infringement. Even when the "Nanshan Pizza Hut", when it comes to a lawsuit with station B, it must be ruled by several procedures in order to debate to whether it is infringing.

If the legal team of station B has learned from endless infringement proceedings, there are about two points. One is to propose various procedure objections to delay the trial. This is the CBA's turn; the second is to try to avoid platform responsibilities with the international "shelter principle", that is, the user is uploaded by the user as a shield, and the "notification-deletion" is used as the processing method to evade the liability for compensation.

In the era of the PC Internet, the principles of the hedge did make some websites alone. However, with the improvement of copyright regulations and the gradually enriching judicial experience, coupled with the continuous maturity of the infringement detection system, the applicability of this principle has been greatly reduced.

When station B wants to do the business of UGC (user -made content), it must spend great efforts to solve the historical problems of copyright. However, no matter whether Aiyouteng and more than 500 film and television companies launched a resistance statement on the two -videos of short videos, or Douyin iQiyi changed from war to peace, and even faced with Youku President Fan Luyuan during his speech, station B was always silent and did not participate in the war without participating in war. , Nor promised.

The board always wants to push three resistance on himself, but when he hit others, he can start with a knife. Also relying on moving sports, there was a similar name of the same name. He was sued the court by a paper lawsuit by station B, and the founder was sentenced to three years in prison.

You can never wake up a person who pretend to sleep, but when you don't face these issues, station B can never sleep.

03 Seeing Youtube, dare or not?

Douyin, as the largest UGC platform in China, has taken a step forward in copyright cooperation, and a greater problem is placed in front of Station B.

In the two creations in the Douyin Ecology, the possibility of infringement is less likely, so it is likely that some film and television commentary creators flow to Douyin and watermelon videos.

Objectively speaking, the advertising business of station B in the past two years has been weak, and the platform's platform has been inspired to reduce, so that many UP owners have begun to complain about revenue. Facing the risk of infringement and practical interests, it is sooner or later.

YouTube, which is also a UGC community, has also faced overwhelming infringement lawsuits. After the user volume reaches a certain degree, YouTube treats two means of infringement: blocking and sparse.

User users with overseas social media have summarized YouTube's operating notes. In the Youtube review system, there are four copyright management tools. Among them, the Conten ID system monitors the video ID and audio ID respectively. It can block the infringement content in advance through the corresponding anti -piracy technology, and the accuracy rate is close to 99%. In addition, YouTube and the film and television company jointly set up a video library to compare the video and video library data uploaded by the user. If the content is repeated in a certain percentage, the official will prompt the creator to have copyright issues.

This kind of precautionary review mechanism is rarely seen at station B. In most cases, the copyright party needs to monitor the infringement, feedback to station B, and Station B will be removed after the appeal. The processing method of post -shelves may not be a technical problem.

"New Entropy" has been in "Who is to catch copyright assassins?" "One article mentioned that some technology companies have developed systems that detect elements such as graphic, code, audio and video, etc., which can realize the entire network test. The registered capital of 500,000, the surgery of Chengdu, which is 0 can rely on the detection network that runs day and night, and launch the "Tan Tan Traffic" on the entire network. Can't do more tight infringement testing.

Obviously, in addition to technical reasons, Station B has more considerations. First of all, the number of users in station B is still on the rise, and the tightening of the review will undoubtedly fight the enthusiasm of the creator. Before you tasted a bigger bitter fruit, station B can only play some "playing mouse" games you chase me with the copyright owner. Youtube's income transfer policy is also considered to be a copyright processing method worthy of reference. The so -called income transfer, that is, the income earned by the infringer's release will be shared with the copyright party. And this is tantamount to cutting meat for station B.

This year, station B has reduced the creator award, and the financial report data has been lost for many years. After the adjustment of the new round of senior management, it has been accelerated into the top priority. Compared with spending money, station B wants to know how to make money.

In addition, short videos can serve long videos, and it is difficult to achieve in the short term. The difference from the Douyin ecology is that station B is not a qualified platform.

Taking Youku's recent Xianxia drama "Agarwood Rite" as an example, the official two -creation competition has not attracted the participation of the head of the film and television area. higher. It can be seen that unless extremely excellent content works, the general drama is not treated high at station B.

The too unique community atmosphere is destined to move the problem of station B and move the whole body. It can neither be as "miracles" like Douyin, nor a break from the end of the infringement.

In the video of the internal consumption of the entire network, the "Erfu always has a way" in the video of the entire network, and how to solve the dysentery of the UGC community, the station B of the young people can not continue to sleep.

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