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视频博主要洗洗睡了?中宣部重磅回应:加大短视频侵权打击力度,落实平台主体责任!

Did the vloggers mostly wash and sleep? The Propaganda Department of the CPC made a major response: step up the crackdown on short video infringement and implement the platform's main responsibility!

中國基金報 ·  Apr 25, 2021 17:33

Source: China Fund Daily

Author: Taylor

01.pngNiuniu knocked on the blackboard:

The propaganda Department of Communist Party of China Central Committee: "continue to step up efforts to crack down on infringing acts in the field of short videos." we will resolutely crack down on infringing acts committed by short video platforms and the production and operators of self-media and public accounts that copy, perform and disseminate other people's film, television, music and other works without authorization. "

Original title: Zhao Liying, Yang Mi, Dili Reba … More than 500 artists are angry: clean up immediately! Just now, the propaganda Department of Communist Party of China Central Committee responded with great fanfare. Has the video blog mainly washed and gone to sleep?

Short videos such as film and television clips have been hit one after another this month. At first, the long video platform joined forces with dozens of film and television organizations to issue a statement to resist the infringement of short videos. On the 23rd, more than 500 artists joined in a second boycott.

"5 minutes to watch xx movies", 10 minutes to watch xx TV series ","XXX character collection" …... The news puts a lot of pressure on the bloggers who make such videos.

Is the short video chase going to be cool?

More than 500 artists speak!

On the evening of April 23, 17 film and television industry associations, 54 film and television companies and five video platforms jointly issued the "proposal" again, saying that only effective copyright protection for the content of film and television works can keep the industry alive.

It is worth noting that 514 new professionals have been added to the proposal, including actors Li Bingbing, Zhao Liying, Huang Xuan, Zhang Songwen, Jia Nailiang, Wu Zun, Yang Ying, Jiang Shuying, Dili Reba, Dong Jie, Chen Shu, Chen Xuedong, Han Geng, Huang Jingyu, directors Lin Yufen, Cao Dun, and screenwriter Gu Xiaobai.

The proposal proposes that on the eve of World intellectual property Day on April 26, specific suggestions and guidelines on rights protection actions should be issued in view of the current infringement of short videos on the Internet, and short video platforms should be encouraged to actively participate in the compliance management of copyright content. from now on, we will clean up the content of unauthorized film and television works such as slitting, handling, quick viewing and collection.

The proposal calls for:

First, advocate short video platforms to actively participate in copyright content compliance management, and from now on to clean up unauthorized cutting, handling, quick viewing and collection of film and television works.

Second, advocate the short video platform to promote the compliance management of copyright content, and from now on prevent the uploading of unauthorized film and television works such as cutting, handling, quick viewing and collection by means of keywords and video fingerprinting.

Third, encourage public account producers and operators to raise their awareness of copyright, strictly follow "authorization before use", and clean up the contents of unauthorized film and television works such as cutting, handling, quick viewing and collection in their own accounts.

Fourth, advocate public account production and operators to give full respect to the content creators of the film and television industry, and from now on, do not release shooting tidbits, on-the-spot materials, Reuters videos related to actors in the shooting process of film and television works.

Fifth, advocate the right holders to actively protect their rights against the legal compliance of the production and operators of public accounts with serious infringement, and jointly create a healthy and civilized copyright network environment.

Film and television content is fertile ground for short videos, and we are willing to explore reasonable and sustainable authorization schemes with short video platforms and public account producers and operators with an open mind. On the basis of legal authorization, we warmly welcome more public account producers and operators to participate in providing various and original quality short video content. Only when the soil is nutritious can a hundred flowers bloom.

Today, the land of China is full of spring and vitality, and participants in various industries are actively and sunny in striving for the realization of the second centenary goal of a modern socialist power.

Although we are well aware that the road to legalization of the film and television industry is not plain sailing and achieved overnight, our past achievements make us firmly believe that under the supervision and guidance of the National copyright Administration and other relevant departments, and with the encouragement and support of all sectors of society, we will overcome all obstacles on the way forward, safeguard the legitimate rights and interests of industry participants, and promote the healthy and orderly development of the cultural industry. To lay a solid foundation for the construction of a benign network video copyright ecology.

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Copyright Bureau of propaganda Department of Communist Party of China Central Committee: resolutely crack down on unauthorized copying,Spread other people's film and television music works

Yu Cike, director of the copyright Administration of the propaganda Department of the Communist Party of China Central Committee, responded to the infringement of short videos that attracted public attention at a news conference held by the Information Office of the State Council on April 25, CCTV News reported. He said he would continue to crack down on infringement in the field of short videos.

At the meeting, a reporter asked that with the rise of content creation platforms such as Douyin, Kuaishou Technology, Wechat and Weibo Corp, netizens' enthusiasm for creating all kinds of content works was unprecedentedly high, but infringement often occurred. Recently, dozens of film and television media units and many right holders have issued a joint statement to resist the infringement of short videos, calling on producers and operators of short video platforms and public accounts to raise their awareness of copyright. Do you have any comment on this?

Yu Cike said that in recent years, with the rapid development of digital technology and mobile Internet, China's network short video has also developed rapidly. At the same time, the problem of short video infringement and piracy is more serious, the majority of right holders reflect strongly, causing social concern, the National copyright Administration also attaches great importance to it.

Yu Cike said that works are not allowed to be spread and used without permission, which is a basic principle stipulated in the copyright Law. Of course, this principle also applies to film and television works. For many years, the National copyright Administration has paid special attention to the copyright protection of film and television works and actively maintained the copyright order of film and television works.

During the 13th five-year Plan period, the National copyright Administration continuously carried out special actions to crack down on network infringement and piracy, carried out special management of relevant fields, including film and television works, actively and effectively carried out early warning work for key film and television works, and published a list of early warning for key film and television works. Over the past five years, we have released 38 batches of early warning list of key film and television works, with 640 key works as key early warning, providing special protection for the network dissemination of these excellent film and television works.

Yu Cike said that as early as 2018, the National copyright Administration incorporated the special rectification of the copyright of online short videos into the special priority task of "Sword Network" and severely cracked down on the infringement of short videos. Efforts will be made to strengthen copyright supervision over enterprises of short video platforms as well as producers and operators of self-media and public accounts. This work has been going on for several years.

Yu Cike pointed out that this year, in accordance with the central government's plan to comprehensively strengthen intellectual property protection, the National copyright Administration will actively respond to the voices of the broad masses of right holders and support and protect the legitimate demands of the broad masses of right holders:

First, we will continue to step up efforts to crack down on infringing acts in the field of short videos, and resolutely crack down on infringing acts committed by short video platforms and operators of production and operators of self-media and public accounts who copy, perform, and disseminate other people's film, television, music and other works without authorization.

The second is to promote short video platforms as well as self-media and public account operators to fully fulfill their main responsibilities, earnestly strengthen the construction of the copyright system, improve the mechanism for handling copyright complaints, and effectively perform the obligation of reporting illegal and criminal clues and cooperating with the investigation.

Third, encourage and support film copyright collective management organizations to strengthen their own construction, carry out collective management of film copyright in accordance with the law, and play a good role as a link to safeguard the legitimate rights of the right holders and facilitate the legal use of the users.

Suffered two consecutive blows.

As early as April 9, more than 50 film and television companies, five major video platforms and film and television industry associations issued a joint statement, including China Television Art Exchange Association, China TV production Industry Association and other associations. IQIYI, Inc., Tencent Video, Youku, Mango TV, Migu Video and other video platforms, as well as noon Sunshine, Huatze Pictures, Lemeng Pictures, Ciwen Media, Yaoke Media, Xinli Media and other film and television companies jointly called on the producers and operators of short video platforms and public accounts to respect the originality and protect copyright, and shall not carry out copyright infringement such as editing, slitting, handling and dissemination of related film and television works without authorization.

The above-mentioned right holders will also take practical and effective measures to investigate the legal responsibility of the infringers and jointly curb the industry chaos caused by the unauthorized use of film and television works by the production and operators of public accounts. The joint statement is as follows:

1. With regard to the unauthorized editing, slicing, handling and dissemination of film and television works by the production and operators of public accounts on the Internet, centralized and necessary legal rights protection actions will be launched.

two。 Appeal to producers and operators of short video platforms and public accounts to earnestly enhance their awareness of copyright protection and truly respect the intellectual property rights of others. When editing, slicing, transporting and disseminating film and television works, they should check whether they have obtained legal authorization and avoid falling into the quagmire of infringement.

3. Call on all sectors of society to actively report, delete and block infringing content, jointly prevent and resist infringing acts, and jointly safeguard the legitimate rights and interests of the film and television industry.

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Has the video blog mainly washed and gone to sleep?

People's Daily commented that from the producer to the broadcast platform, it accounts for almost half of China's long video industry, with more than 70 units shouting "deterrence", a sign of momentum and determination. Many video bloggers have felt "trembling" and tried to "wipe the edge" and "avoid its edge". As one up host said, "after all, they are big companies with strong strength, and we are just individuals who stay up late and go bald." "

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As a matter of fact, the parties involved had a honeymoon period. In the past, for film and television company works, platform self-made drama, film and television short video clip creation is a high-quality marketing scene, publicity carrier. Those UP master ghost axe editing, sharp comments, magic reaction for film and television works on the flower, related movies and TV dramas also take advantage of this diversion, increased the popularity of the content, to achieve a partial realization.

Tencent, Youku, Bilibili Inc., iQIYI, Inc., etc., have also held related film and TV drama editing competitions. With mutual benefit and each taking what he needs, the sweetness of you and me is reasonable.

However, once the win-win situation is broken, the "other honey" becomes "your arsenic". This is also why, after the release of the Joint Declaration, there was such a voice in public opinion: "your wife is excellent when you are not in use, but copyright restrictions are not in use."

Why is it difficult for all parties to renew their relationship? In a word, the pattern of interests has changed. On the one hand, the number of short video users has reached 873 million, and short video users have used longer than long videos, and the once cost-effective marketing channel has become a strong competitor. It can be said that the gradual erosion of users and traffic is the main driving force for the joint protection of the rights of the entire film and television industry.

On the other hand, "X-minute TV series" has gradually formed an industrial chain. Simple handling, editing and slicing have made popular movies and TV dramas a "hard-hit area" that has been infringed. Once an efficient diffuser, it has become an amazing shunt. It can be said that this statement put the dispute over the interests of the short and long videos on the table.

In the long run, it is necessary to standardize the copyright of films and TV dramas. For example, the previous music platform has no copyright source, a film and television APP has been investigated because of copyright issues, and an information platform has been repeatedly complained of copyright infringement. No matter which industry it is, only by protecting the original works can a virtuous circle of business atmosphere be formed. Copyright protection is the only way, but how to standardize it requires careful consideration and process consciousness.

After all, in reality, there are still many difficulties, such as difficult to safeguard rights and obtain evidence, long cycle, high cost of obtaining evidence and so on, which need to be overcome one by one. Otherwise, as described in the joint statement across the board, it will only lead to user awareness that "the protection of capital interests is far more important than the maintenance of the creative environment".

How to solve the contradiction between film and television copyright protection and the secondary creation of short videos? The reference coordinates are not missing.

For example, Kuaishou Technology's experience in the music field adds a separate settlement of the copyright of words and songs and an independent musician settlement channel on the basis of the original copyright settlement; another example is the YouTube scheme in the video field, where the system automatically compares the videos uploaded by users with the copyright database. Once identified, the platform will process videos and advertisements off the shelves according to the processing method provided by the copyright owner in advance. Of course, all these require high investment, testing the determination of the relevant platforms to build a good ecological development.

However, if we only adhere to the "safe harbor principle" to evade the responsibility of copyright protection, we may lose the opportunity in the future competition field.

Commercial competition should never be the "law of the jungle", but should have the bearing of symbiosis and win-win. When the original copyright protection methods and efficiency can not effectively deal with the new challenges, all parties face each other and make innovative breakthroughs in order to solve the "multivariate equation" of copyright protection.

This is exactly: light and shadow scissors hand, how much worry about copyright. All parties go hand in hand for a win-win situation.

Edit / charlie

The translation is provided by third-party software.


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