Under the background of the new media era, copyright protects those things!

Can the emoticons in the chat software also infringement?

Edit WeChat public account articles

What infringement traps should be paid to?

In short video platform

Movies, TV series editing and commentary

Does it involve intellectual property rights?

On September 26, the program of the Voice of Chongqing invited Zhang Zhenhua, a judge of the Chongqing Intellectual Property Court, and Gao Yu, a representative of the 13th National People's Congress to discuss these topics.

△ Chongqing Intellectual Property Court Judge Zhang Zhenhua and the 13th National People's Congress Gao Yu participated in the Voice of Chongqing Program Live

Moderator: Everyone says that many things in life are related to intellectual property rights. High representatives. Is there anything around you related to intellectual property rights?

Gao Yu: In study and work, we often need to use some materials for secondary creation, such as music, videos, pictures, drawings, etc., which involves the copyright issues of these materials. That is the question we need to understand.

Moderator: Can Judge Zhang be popularized with us. What are the things related to intellectual property in our lives?

Zhang Zhenhua: Actually, many daily behaviors in our lives are related to intellectual property rights. For example, during the online chat, everyone likes to use WeChat emoticons, which can be regarded as art works in the copyright law, and underestimated; everyone watched a movie and TV series quickly, if this editing is not allowed, It is necessary to bear the liability of infringement. Of course, don't be nervous, people who watch are not infringement.

Moderator: I did not expect that there are so many traps in our lives, and when we do not pay attention, we may infringe the rights and interests of others. Then we will borrow this opportunity today, and guests are invited to popularize the copyright issues commonly used in the background of the new media era.

Zhizhi Pu La TIME

1. Speaking of the concept of copyright, it seems that there is a little unattainable, is it like this?

Zhang Zhenhua: First of all, we clarify a concept. The copyright we call is the same as copyright. Copyright is copyright. The copyright is not far away from everyone, and it can even be said that the tentacles are well. This is especially the case in the new media era. Everyone usually sees the casual photography when seeing the beautiful scenery, a small video performed by impromptu performance, or a lyrical text at the time of Shixing. You can make you a copyright owner and be protected by copyright law. And whether these works are published or not, they enjoy copyrights.

Case

We just tried such a case not long ago: a staff member of a slaughterhouse shot a video of pork bones in daily work. The knife method was sharp and the ornamental was very strong, so we posted it on the short video platform. Later, some merchants used this video without his permission to advertise for the tools he sold. After the right holder discovered, he sued the court and eventually received compensation.

2. What are the "copyrights" we are talking about?

Zhang Zhenhua: Regarding the connotation of copyright, the provisions of the law are very comprehensive, and it can even be said to be a bit complicated, including a dozen power capabilities, such as::

(1) The right to publish,

(2) Signature right,

(3) Modify the right to modify,

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(10) Screening right,

(11) Broadcast right,

(12) Information network dissemination rights and so on.

It has a basic category, that is, the body's body and the property rights of the book. In terms of it, the personal rights are mainly spiritual, with a declaration of declaration. This work is mine. I can publish, signature, modification, and so on. As the name suggests, property rights can bring the right to real economic benefits. It has market value. Others must use, distribute and spread, and theoretically pay the corresponding consideration. This richness of copyright also inspires everyone to work hard to innovate and create at the legal level.

< /g> < / g> (1) WeChat related issues

Moderator: Our theme today is the copyright in the new media. From the APP that everyone is most often contacted, WeChat, as mentioned earlier, since the pictures, videos, and text have the right holders, then our daily life Send pictures in the circle of friends, or forwarding some videos in WeChat groups, will it be considered infringement?

Zhang Zhenhua: This kind of personal entertainment behavior in daily life generally does not constitute infringement. Because our ordinary people's circle of friends, WeChat groups, personnel are generally specific, such as family members, colleagues, classmates, friends, there are fewer people, and fixed. You share some pictures or interesting videos, which are not spread to the public. It belongs to the nature of personal entertainment and is not determined to be infringement, otherwise the trembling of WeChat is not the purpose of our legislation. Article 24 of the Copyright Law is listed on similar reasonable uses. Those who are interested can be checked by themselves.

But if you are used as a profitable work tool, you are operating and profitable, the number of groups is large, and the personnel are unstable. It may be identified as infringement.

Moderator: I heard that the emoticons of chat software have copyrights?

Zhang Zhenhua: Yes. Although the emoji package is small, it also condenses the work of the creator. As long as the emoticon package created is original, it is in line with the characteristics of the works in the copyright law, which is the work. More specifically, it belongs to the art work and is protected by the copyright law. If others use without permission, they may constitute infringement.

Case

Regarding the copyright issue of emoticons, there is a typical case, which is judged by the Beijing Internet Court, and some media have previously reported. In 2019, the two companies under Tencent, that is, the right holder of the WeChat emoticon package, sued a Beijing company in the Beijing Internet Court. The reason was that the company developed a software called "Blog". He used WeChat to WeChat The same emoji package was eventually identified as infringement.

You can guess the amount of compensation for the judgment? 300,000 yuan. It does not include lawyers' fees. As soon as everyone hear, the emoji package is so valuable, and now the app that can make emoticons is also very convenient, then I also make some emoji. Creation is free, but it needs to be reminded that the creation of this expression package must not infringe the rights and interests of others, especially the right to portrait of some celebrities. For example, if you use the portrait of some celebrities to make emoticons without authorization, it happens that this emoji package is hot again, and it may attract infringement lawsuits.

Moderator: If I have a WeChat public account, should I pay special attention to infringement when the editor publishes the article?

Zhang Zhenhua: Yes. As the name suggests, the public account is first oriented to the public. Whether it is the public account of the enterprise or the individual's public account, we must pay attention to copyright issues. In order to be rich and interesting, the public account article is usually composed of text, pictures, music, videos, etc. In general, these materials need to be authorized to use. Among the copyright disputes we accept, the infringement carrier of a considerable number of cases is the public account.

Case

For example, in the case together, a travel company, in order to promote a tourist attraction, published a tourist blogger's photographs on his public account without permission, and was later discovered by the right holder and complained to the court. The travel company eventually deleted the public account article and compensated the right holder.

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Gao Yu: As an emerging media, the public account is increasingly rich in content and form. On the one hand, we encourage the development of this new media, and on the other hand, we must also protect originality through various ways to avoid public accounts to become a concentrated platform for copyright infringement. This is not conducive to its long -term development.

Moderator: Some friends said that the Internet is anonymous. I use the name of the net. Even if I infringe, I can't find me. Is this really the case?

Zhang Zhenhua: Do not have such a fluent mentality. Although the Internet allows network names, most platforms require users to submit real -name authentication information. If the infringement occurs, the platform is obliged to provide real -name authentication information to the infringed person. The so -called French Open is restored without leakage.

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(2) Short video related issues

Moderator: After talking about WeChat, let's talk about short videos. When we shoot short videos, we usually need to be equipped with a little background music. So can this background music be used casually?

Zhang Zhenhua: This is not possible. Video published on the short video platform is public dissemination. If you use other people's music works when making videos, it is generally necessary to be authorized in advance. Unless this music has passed the copyright protection period and enters the public field.

In practice, in order to attract users, some short video apps will purchase some music authorizations from the right holders for free use and release. In this case, users will no longer need to be authorized. Moderator: We often see some movies and TV series editing and commentary on the short video platform, which can allow us to chase a drama in a short period of time. Commentary does not involve copyright issues?

Zhang Zhenhua: I also noticed that for a while, this editing and commentary are very popular, and it is indeed a good way to leisure in a busy life. However, as the host just mentioned, this involves copyright issues, a modification and replication and dissemination of the original work. If the right holders of movies and TV series do not allow this editing, commentary, and dissemination, it is actually an infringement. For a while, the unauthorized editing of various platforms should be a response to the copyright owner.

If you are interested, you can search through the keyword "short video" and "information network dissemination right" on the China Magistrate Document Network. You will see a large number of short video platforms prosecuted and compensated for similar film and television editing infringements, including including Some platforms we know everyday.

In 2021, the China Internet Audiovisual Program Service Association released a "Detailed Rules for the Review of the Network Content Review of the Network", of which 93 Standard stipulates that short videos shall not be cut, adapted, TV series, online film and television dramas, etc. Various audiovisual programs and clips. This also shows that related industry associations are also trying to create an environment that authorizes before and then use.

Although the short video is good, the editing should be authorized first.

Moderator: Is there any typical cases of copyright cooperation between different platforms to share with us?

Gao Yu: Douyin and Sohu and iQiyi have reached a two -creation cooperation, which is a milestone incident. The dispute of long and short videos started to copyright, but the root cause is still deeper. Data show that as of December 2020, the size of domestic short video users increased by 6%to 872 million year -on -year, and the monthly usage time was 39.7%to 42.6 hours year -on -year. The long video platform has a trend of decline.

Internationally, there have been examples of complementary long videos. At the third quarter of the financial report in October 2021, the chief operator and chief product officer of Netflix (Nai Fei), Graig Peters, bluntly said: We think everyone will see our IP (intellectual property) everywhere, People will turn the video on Tiktok, or you can make your own mini -game, Roblox game or other similar things. I think this is great, we should advocate such a fan culture.

It is also a representative of long videos and short videos. Netflix's attitude towards Tiktok is tolerant and appreciated. Because Netflix saw that after Tiktok was hot, many two -wal videos will return to Netflix to bring a greater traffic effect.

Moderator: There are many anchors in the short video platform, which can even be said to have been industrialized. Do these anchors involve copyright issues during live broadcasting?

Zhang Zhenhua: The issue of live broadcast is indeed a new problem caused by new media. In terms of the benefits of anchors, in addition to the rewards and advertising revenue we are familiar with, there is also a copyright law, which is the "performer right". The content of the performers is quite rich, and the anchors and listeners can listen carefully.

Performance rights include:

Personal rights, indicating the identity of the performer, and protecting the performance image from being distorted;

Property rights, licensed others from live broadcast and publicly transmitted their live broadcasts, and received compensation (live broadcast rights); permitted other people's recording and recording, and received compensation (first fixation); , And get paid; permits other people to spread their performances to the public through an information network and get paid.

Probably because of the richness of this right, the live broadcast industry will be so prosperous.

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Moderator: Is there a risk of infringement when the anchor is broadcasting?

Zhang Zhenhua: Yes. There are two sides of everything. This must have a reasonable expectation and do a good job of risk prevention. For example, the most common talent displayed by anchors -covering some popular music, in fact, it is necessary to obtain the pre -authorization of the right holder. And as the supervision of the platform is getting stricter and stricter, the awareness of the right holder's rights is getting stronger, and the anchors must have this consciousness when broadcasting live.

Of course, if he is a particularly talented anchor, he can be improvised, poetry, songs, and dance acrobatics, and will be displayed at any time. It also obtained the performers based on its performance.

It should be noted that in addition to our commonly displayed talents, some anchors are only live broadcasting their own daily life, such as eating, work, or jumping healthy exercises, practicing yoga, etc. Because these behaviors and actions are not works, so they cannot be able to not be a work, so they ca n’t. Get the right of performers.

Moderator: One sentence we often see on various network platforms is "the content comes from the Internet, if there is any infringement, please contact delete", can this sentence really be exempted? Zhang Zhenhua: This sentence can only be said to be a publisher's attitude. Using other people's works, except for legal exceptions (mainly Article 24 of the Copyright Law), all need to be authorized first, then use, instead of saying that I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first, I first. Besides, when someone raised his objection, I deleted it. This is not the case. As long as the infringement occurs, the liability for infringement will occur.

Moderator: If I found that my work was infringed, how should I defend their rights?

Zhang Zhenhua: If it is a professional author or has long -term creative habits, it is recommended to retain or fix the evidence of his own as the right holder, such as the draft of the work, publishing records, etc. If necessary, you can also register for copyright. These can be used to prove that you are the author of being infringed and the prerequisite for your claim.

Next, it is necessary to fixed evidence of infringement. The highest effectiveness should be notarized, but the cost is relatively high, and it will generate notarized fees. At present, there are also some special online evidence collection platforms, which are generally adopted in judicial practice. There are also ways to obtain evidence from the parties, such as self -recording, witness witness.

As a way to resolve disputes, you can contact the other party first, inform the facts of infringement, and see if the attitude of the other party can be resolved by yourself. If there is no way to negotiate, you can sue to the court.

Moderator: If someone proposes to infringement, how should I deal with it?

Zhang Zhenhua: If someone proposes the infringement claim, immediately confirm whether there is any infringement. If it exists, it should be stopped.

Understand the specific demands of the other party and strive to solve the negotiation. Check out whether there is any fault and trace the source of the work of being accused of infringement. If the works obtained through the market in the market are accused of infringement and the liability for infringement can be recovered from the counterparty.

Case

There is a case together, a very famous company, a promotional video. The film uses a delayed photography lens in the film, and others sue the company's infringement. In fact, this company is made by the production unit, but it still needs to take responsibility. Of course, it can be recovered from the producer afterwards.

Moderator: When it comes to this kind of infringement, we also noticed that there are many cases of short video platforms that have been prosecuted by the right holder, which can be described as "smoke". What does Gao mean for this?

Gao Yu: Whether it is a platform dispute, copyright dispute, traffic dispute, or long -term video disputes, will the competition compete for smoke four, will users like these wars? Won't. From the perspective of users, they not only do n’t like it, but they are also afraid of the “fairy fight” and the users are worried that they will be regarded as a tool for two sides to be kidnapped. There are many things to treat users as shields in the giant group. What users really care about are content and are willing to invest in various costs for good content. Douyin and iQiyi have complementary advantages and long -term video cooperation, which allows high -quality content to open up long and short barriers. Of course, users most hope to see. This is not the case, and netizens who are not too big to have a big deal have begun to urge more similar to "love trembling" CP. Do not fall behind and enter the cooperative camp together.

In the final analysis, users are "high -quality content first". They are willing to buy good content for users. They are willing to break the media obstacles for the spread of good content. They are willing to invest in the production of high -quality content. The length is not the most important. The most important thing is the content. The high -quality content is two or three hours. The user feels short. Why is it so fast? Even if the garbage content is less than a minute, the user feels too long and wastes time. The cooperation of long and short video platforms is a good content, re -dissemination, and value -added of good content cross -platform to meet the needs of different scenarios of users. Users are the biggest beneficiaries. After all, the application scenario of long video platforms for long video is not only carried out and cut into the film and television content, but also "two innovations". Users have huge needs.

Moderator: We have been talking about the liability for infringement. So what responsibility does if the infringement occurs? How much does it need to pay?

Zhang Zhenhua: What kind of responsibility form is the law of the law, and the other is the requirements of the law, and the other is related to the requirements of the right holder. Generally speaking, it is to stop infringement. For example, if other people's articles are reposted without permission, it needs to be deleted immediately; if it causes a bad impact, it also needs to eliminate the impact and apology. Usually it involves economic compensation. The amount of this compensation and the proceeds of the copyright law have made progress: the infringer should be compensated If it is difficult to calculate the illegal income, you can pay compensation with reference to the use fee. If you have intentionally infringement and the circumstances are serious, you can also double the punitive compensation. If the actual losses of the right holder, the illegal income of the infringer, and the use fee for the use of the rights are difficult to calculate, the people's court shall give compensation for 5 million yuan and more than 5 million yuan or less than 5 million yuan. Most of the situations in practice are determined by the court at more than 500 yuan or less. Because of the intangible nature of intellectual property rights, losses are often difficult to evaluate, and even under extreme circumstances, the right holder has benefited to some extent due to infringement. It is not easy to obtain evidence for benefits, and there are very few permits, so generally the judge is tailored according to the infringement plot.

Source: Voice of Chongqing, Chongqing Intellectual Property Court

Edit: Wu Hui, Luo Shanshan

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