In the previous article, the author introduced in detail the concepts of distribution rights, broadcasting rights, screening rights, and information network dissemination rights, as well as the corresponding concrete embodiment in practice. Cinemas need to obtain the right to show movies and TV dramas, television stations need to obtain the right to broadcast movies and TV dramas, and network platforms need to obtain the right to disseminate information through the network. However, there may be many complex situations in practice, especially with the rapid development of the Internet. In addition to traditional cinema and television broadcast media, there have also emerged many new broadcast media, such as cable TV, IPTV, on-demand theaters, hotels, transportation vehicles, private cinemas, entertainment venues, and so on. These new broadcast media have generated a lot of disputes in the practice of the film and television industry.

For example, there are different viewpoints and precedents in judicial practice when playing back movies and TV dramas on cable TV and IPTV. In the second trial judgment of the case of Beijing Aiqiyi Technology Co., Ltd. v. Inner Mongolia Radio and Television Network Group Co., Ltd. infringing on the information network communication right of "Langyabang" ((2021) Jing 73 Min Zhong No. 886), The court held that: "Although the 'TV review' function only provides a review time for a certain period of time after the broadcast of a live TV program on a television station, in this case, cable TV users in the region can log on to the platform through corresponding terminal equipment and watch the live TV program at any time within a certain period of time. These are in line with the right of information network communication:" The public can obtain works at the time and place selected by themselves. " "Due to its legal characteristics, the playback of the work involved in the case falls within the control scope of the right to information network dissemination." As a result, the court ruled that Inner Mongolia Radio and Television Network Group Co., Ltd. had violated the information network dissemination rights enjoyed by iQiyi Company and should bear legal liability for compensation for losses.

In the second trial judgment of the case of Tibet LeTV Information Technology Co., Ltd. v. Hangzhou Branch of China Telecom Co., Ltd. infringing on the right to information network dissemination of "The Legend of Mi Yue" ((2019) Z01 Minzhong No. 10859), the court held that: "Therefore, the" IPTV review "implemented by Hangzhou Branch of China Telecom has both time and location constraints, which does not meet the" selected "characteristics of information network dissemination, The court does not support the claim of Tibet LeTV Company regarding the implementation of information network dissemination behavior by Telecom Hangzhou Branch. "The behavior implemented by Telecom Hangzhou Branch is still the one-way broadcast and transmission of television signals obtained from broadcasting organizations, and the public passively receives the above signals. The communication behavior of Telecom Hangzhou Branch automatically and completely transmitting live programs and rolling for 72 hours is inseparable from its synchronous broadcast of live broadcasts on the" Ningxia Satellite TV "television channel, which is still the proper meaning of broadcasting behavior." As a result, the court ruled that the request of Tibet LeTV Information Technology Co., Ltd. to accuse China Telecom Corporation Hangzhou Branch of infringement of information network dissemination was not supported due to insufficient basis.

What are the reasons for the diametrically opposite results of the two precedents mentioned above? Does cable TV and IPTV playback require broadcasting rights or information network transmission rights?

1、 The Rebellion of Broadcasting Rights and Information Network Transmission Rights -- Playback and On Demand of Cable TV and IPTV

What rights are required for cable TV and IPTV network TV playback and on-demand TV dramas? This issue is a new issue of broadcasting rights for film and television dramas under the integration of the three networks. The integration of three networks refers to the mutual penetration, compatibility, and gradual integration of telecommunications networks, cable television networks, and computer networks into a unified information and communication network. Some people believe that replaying and on-demand TV dramas already played by television stations is still within the scope of broadcasting rights, just like watching ordinary TV. However, some people believe that the right to broadcast is one-way, and I can only watch it on TV. Without it, I cannot watch it, and I cannot be the master myself; However, cable TV playback and on-demand broadcasting are the ones that I can watch whenever I want, and the ones that I want to watch are the ones that I the final say. This is more in line with the right of information network communication to "enable the public to obtain works at the time and place they choose", which should belong to the scope of information network communication right.

Combining industry theory and judicial practice, this article believes that the "limited time review" of cable TV should fall within the scope of broadcasting rights, while "on-demand" should fall within the scope of information network communication rights. The reasons are as follows.

First of all, there are restrictions on the time limit for "limited viewing". Some can only review content for three days, while others can only review content for seven days. The public cannot choose any time to view it, which does not comply with the situation of "the right of the public to obtain works at the time and place of their personal choice" of the right to information network dissemination. "On demand" has no time limit, and the public can watch the movies and TV dramas they want at any time and place they choose.

Secondly, the content of "limited time review" is limited. "limited time review" is to review the content of programs that have been broadcast by television stations. The content of review is exactly the same as that broadcast by television stations. The sequence and duration of broadcast are exactly the same as that of television. Even advertisements, station logos, letters, and even errors are all copied. In other words, the review of television stations is to automatically record television programs for the public to watch, and automatically delete three days later. "On Demand" refers to the content stored by cable movie operators on network servers, which can be played and viewed by the public after clicking on it according to their needs.

Thirdly, there are restrictions on the broadcast channels of "limited time review". "limited time review" must be in the program column of a TV station and click on the program list to review. The review content does not enter the search scope of public search engines. "Limited time viewing" is an extension of traditional TV business in the new media field, mainly using new technological means to solve the problem of traditional TV that cannot be viewed once it is missed. "On demand" may take the form of cable TV's promotion, topping, and sharing in various programs, which is significantly different from the channels of traditional TV programs.

Of course, those cases that claim to be "looking back" but actually provide "on-demand" services, enabling the public to watch movies and TV dramas at a time and place of their personal choice, also fall within the scope of the right to information network dissemination.

This article also believes that the "limited time review" and "on-demand" nature of Interactive Network Television (IPTV) is the same as the above analysis of cable television. Although interactive network television uses the communication network of telecommunications operators rather than cable television networks as a medium for transmitting television information, its essence is still a business form that combines broadcast and television services with lookback technology, mainly to disseminate broadcast and television information in a low-cost manner using modern network technology.

2、 Disputes over the Right to Show and the Right to Disseminate Information through the Internet - Broadcasting in Hotels, Transportation, Private Cinemas, Entertainment Places, etc

With the popularity of new broadcast media, more and more viewers can watch movies and TV dramas from hotels, transportation vehicles, private cinemas, entertainment venues, and other places. Most viewers can choose the movies and TV dramas they want to watch by "on-demand" at the time they choose. Is it necessary to obtain the right to spread information through the network for broadcasting in such venues? The fact is not so simple.

There are generally three different ways of broadcasting film and television dramas, and the scope of copyright involved is also different.

1. Store movies and TV dramas in independent players for public demand

The playback unit installs an independent player at each viewing location, and each player stores a certain amount of movie and television dramas. The audience requests the movie and television dramas stored in the player to be played through display devices such as screens or projectors.

This playback method does not involve any network, and the act of publicly reproducing movies and TV dramas through technical equipment should fall within the scope of the right to show.

2. Store movies and TV dramas in an internal LAN server for public on-demand playback

The playback unit sets up a local area network and a public server internally to store movies and TV dramas. The public server is connected to the players at each viewing location through a network cable. After the audience selects the movie and TV series, the public server transmits the movie and TV series video to the player in the viewing location through the LAN, and plays it through display devices such as projectors or screens.

Article 2 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Involving Infringement of Information Network Communication Rights", which came into effect on January 1, 2021, stipulates that: "The term information network as used in these regulations includes information networks such as computer networks, radio and television networks, fixed communication networks, and mobile communication networks that use electronic devices such as computers, televisions, fixed telephones, and mobile telephones as terminals, as well as local area networks that are open to the public."

It can be seen that providing on-demand television dramas to the public through a local area network without permission also constitutes an infringement of the right to information network dissemination. Therefore, this article believes that the provision of on-demand services for film and television dramas through local area networks by film and television broadcasting units belongs to the control scope of information network communication rights.

3. Using set-top boxes to connect to the Internet for the public to demand movies and TV dramas disseminated on the Internet

The playback unit installs Internet accessible set-top boxes (such as Internet TV set-top boxes sold on the market) at each viewing location, and viewers use the set-top boxes to order movies and TV dramas spread over the Internet. The movies and TV dramas actually watched by viewers are those played on Internet platforms, and some broadcasters have also obtained authorization from Internet platforms. Some people say that this kind of broadcast behavior belongs to the control scope of the right to information network dissemination. That's right! However, judicial practice has once again subverted the views of these people.

Article 5.9 of the Guidelines for the Trial of Copyright Infringement Cases by the Beijing Higher People's Court, issued on April 20, 2018, clearly stipulates that "[Conduct of Screening Right Control] If the defendant, without permission, publicly reproduces movies and other works originating from information networks to the public on the spot through equipment such as projectors, it constitutes an infringement of the screening right, unless otherwise provided by law." This provision combines the definition of screening right "The right to publicly reproduce art, photography, and audio-visual works through technical equipment such as projectors and slide projectors." We can see that in judicial practice, set-top boxes are considered to be "projectors and other devices," and the use of set-top boxes to connect the Internet for the public to demand video dramas disseminated on the Internet should fall within the scope of the right to show.

It can be seen that the rights obtained by new media such as cable TV, IPTV, on-demand cinemas, hotels, transportation vehicles, private cinemas, and entertainment venues to broadcast movies and TV dramas need to be analyzed on a case by case basis. They may be one of the broadcasting rights, screening rights, and information network broadcasting rights, or may be a combination of multiple rights. This is also the reason why the "new media broadcasting right" in the industry mentioned above may include multiple rights such as the right of reproduction, distribution, projection, broadcasting, and information network dissemination under Article 10 of the Copyright Law.

(This article is translated by software translator for reference only.)