With the rapid development of the short video industry, cases involving short video copyright are also increasing year by year. According to the number of cases reported in the "News Briefing on the Trial of Short Video Copyright Cases" released by the Beijing Internet Court in April 2022, the number of cases involving short video copyright has great potential for growth and significant growth. In this monthly report, we will focus on "short videos".

1、 Basic Types of Short Video Copyright Infringement Cases

(1) Publish short videos produced by others to the Internet for dissemination.

(2) Create short videos using other people's works, such as performances.

(3) Use videos or works produced by others to recombine and produce short videos for dissemination on the Internet.

2、 Subject and Liability of Short Video Copyright Infringement

The identification of the subject of infringement usually includes the producer of the short video, the playback platform, and the network anchor of the short video.

● It is easier to identify and understand the producers of short videos.

● When a broadcasting platform assumes responsibility, it needs to be judged based on factors such as the business model of the short video platform, the degree of participation in infringement, and whether it is profitable. If the short video platform is only information storage space, the "notification delete" rule or the "notification necessary measures rule" apply; If the short video platform and users have a relatively close relationship in terms of behavior, economic interests, etc., the short video platform will bear direct or indirect liability for infringement.

● How to determine the responsibility of network anchors for infringing the copyright of others in their videos is very complex, and there are still some disputes in practice. However, courts usually consider the nature of platform operators and their relationship with the anchors to determine.

3、 How to avoid short video infringement

Regarding the issue of how to avoid short video infringement, lawyers suggest referring to the ten typical cases of short video infringement published by the Beijing Internet Court. These cases are interpreted in a case by case manner, which has great reference significance for the entire industry. Through these typical cases, it is clear which situations constitute infringement. During the creation and dissemination of short videos, banning the infringement circle defined in the aforementioned cases can effectively avoid infringement.

Attachment: Ten Typical Cases Published by Beijing Internet Court

Case 1: Short videos with goods identified as original should be protected as audio-visual works

Case 2: Unauthorized uploading of popular songs on a short video platform for users to record short videos constitutes infringement

Case 3: Business Model Impacts Fault Determination of Network Service Providers

Case 4: Using English e-book content to create short videos for users to dub and practice oral English does not constitute reasonable use

Case 5: Making short videos with animation toy images as the main elements does not constitute reasonable use

Case 6: Dissemination of cartoon image toys and short videos for sales purposes constitutes infringement

Case 7: Unauthorized use of background music in short videos promoted by MCN institutions infringes upon the rights of other recording producers

Case 8: Using animation clips from others for game promotion constitutes infringement

Case 9: Using others' written works as subtitles to record short videos constitutes infringement

Case 10: The main content of the edited long video constitutes infringement, and the compensation amount is determined based on the infringement of the long video
Industry · New Deal

1. Code of Conduct for Network Hosts

On June 22nd, in order to further strengthen the construction of professional ethics for network anchors, standardize professional behavior, strengthen social responsibility, establish a good image, and jointly create a positive, healthy, orderly, harmonious, and clear cyberspace, the Ministry of Culture and Tourism of the State Administration of Radio and Television issued the Code of Conduct for Network Anchors.

The Code requires that anchors who provide online performance and audiovisual program services through the Internet, including those who broadcast live on online platforms, engage in real-time communication and interaction with users, and appear in the form of audio and video programs, should comply with the Code of Conduct. For virtual anchors and content synthesized using artificial intelligence technology, refer to this behavior specification.

2. Notice on Stabilizing Market Entities in Carrying out "Delayed Handling" Work

On June 10th, the Ministry of Culture and Tourism issued the "Notice on Stabilizing Market Entities to Carry out the" Extension of Work ".

"The Notice clearly stipulates that the relevant business licenses for cultural and tourism market entities that expire in 2022 will be extended for renewal.". If the relevant license expires from January 1 to June 30, 2022, the license renewal period upon expiration shall be uniformly extended to December 31, 2022; If the relevant license expires from July 1 to December 31, 2022, the license renewal period upon expiration shall be calculated by extending the original expiration date by 6 months.

The cultural and tourism market business licenses that can be extended for renewal of business at this time include: entertainment business licenses (singing and dancing entertainment venues, entertainment venues), business performance licenses (literary and artistic performance groups, performance brokerage agencies), network culture business licenses (business Internet cultural units, excluding enterprises with business scope of online games), and electronic tour guide licenses.

3. Administrative Measures for Brokerage Agencies in the Field of Radio, Television, and Online Audiovisual Services

In order to regulate brokerage activities in the field of broadcasting, television, and online audiovisual, strengthen the management of brokerage institutions and personnel, clarify the rights and obligations of brokerage institutions and personnel, and ensure the healthy and orderly development of the broadcasting, television, and online audiovisual industries, the State Administration of Radio and Television issued the "Administrative Measures for Brokerage Institutions in the Field of Broadcasting, Television, and Online Audiovisual" on May 20.

The "Management Measures" propose that brokerage institutions and personnel in the field of radio, television, and online audiovisual services should strictly regulate the release of information, and should not publish or hire marketing accounts to publish harmful information that causes fans to tear each other, pull on each other, engage in wars, or engage in speculation through reward ranking, brush rating control, falsification of facts, or rumor attacks, or induce fans to consume through false consumption, leading reward, or fundraising.