Original title: station B has been identified by the Internet court as “constituting a helping infringement”, and the copyright puzzle remains to be solved
Bijinglei, shell finance reporter of Beijing News
In June 29th, the official account of the Beijing Internet court announced that users were uploading the BiliBili video on the website of “I am not a drug God”. The Shanghai wide entertainment Digital Technology Co., Ltd. (hereinafter referred to as Shanghai wide entertainment) was brought to justice by Youku information technology (Beijing) Co., Ltd. (hereinafter referred to as Youku), in violation of the right of information network dissemination. It is concluded that Shanghai wide entertainment should be aware of the infringement of Youku company’s information network communication right by network users using its network services, which constitutes a helping infringement.
In response to the case, station B responded to the Beijing News reporter today that it would not appeal. However, the work in this case is the complete audio track of a movie, that is, the complete work. (therefore, the judgment of the case) has nothing to do with other content types.
Why does Shanghai wide entertainment “constitute a helping infringement”?
The typical significance of this case is that in the previous similar cases, the broadcasting platform was only the information network storage space service provider, and usually only had to undertake the obligation of deleting the content and eliminating the influence. However, the Shanghai Kuanyu entertainment in this case was identified as helping infringement.
According to the prospectus of BiliBili (hereinafter referred to as station B), Shanghai Quanyu is the company controlled by agreement, which is included in the listed company system. Chen Rui is the actual owner of Shanghai abundant, holding 100% shares. He is also the chairman of the board of directors and CEO of station B. According to the company’s data, the legal representative of Shanghai Kuanyu entertainment is Chen Rui, with a registered capital of 10 million yuan. It was established in August 2005, mainly engaged in the second type of value-added telecommunications business, publication distribution, information network dissemination, audio-visual programs, network culture management, radio and television program production, etc.
According to the announcement of the Beijing Internet court, the reason why Shanghai wide entertainment “constitutes a helping infringement” has the following two reasons: the audio involved in the case is the complete original sound of the movie involved in the case, and the upload time is before the movie is officially landed on youku.com after the movie is released on the cinema line, so Shanghai wide entertainment should know that the audio involved is provided without permission; when the audio involved in the case is involved, the audio is provided without permission For nearly two hours, the title not only contains the complete name of the film involved in the case, but also ranks first in the search results of the movie title involved. No matter from the perspective of duration, title or location, the video involved in the case should be clearly perceived. Shanghai wide entertainment should be able to know that the audio frequency involved in the case is spreading on its website, so it fails to fulfill the corresponding duty of care.
Regarding the copyright issues involved and the specific operation process, station B said in its response to the Beijing news that “we attach great importance to copyright compliance. In the audit stage, we filter the copyright uploaded content with obvious infringement through technical and manual audit; the home page and video playing page of station B have dedicated access to complain about infringement, and there are special email boxes for handling copyright affairs, if there are infringement complaints We will follow up and deal with it as soon as possible. Moreover, the complainants can know the processing progress through the online form based infringement complaint system launched by us this year; the setting of copyright questions and the small black room policy for regular members’ answers are also conducive to guiding the positive development of the community copyright atmosphere. ”
Station B was considered as the core of pugv when it was listed on the market
Although station B has been making efforts on copyright, when it came into the market, some people thought that its core pugv (professional user generated video) might cause copyright disputes. The core of pugv content is secondary creation, that is, repackaging the original materials by means of interpretation, dubbing, audio track and editing.
In the above announcement of the Beijing Internet court, it is clearly pointed out that the act of “providing works to the public by cable or wireless means” stipulated in Article 10 (12) of the copyright law should not be narrowly understood as providing complete works to the public, because the copyright law protects the expression of originality. As long as the original expression part of a work is used, it is still in the making Within the control scope of the right of network dissemination of product information.
In fact, some up owners (content creators on station B) often have copyright disputes when creating videos, and some even secretly upload genuine TV dramas or variety shows with a “facelift”. For example, “attacking giant Season 2” has been uploaded to station B under the name of “wings of freedom”, which has caused great copyright disputes.
Site B’s prospectus also suggests that “unauthorized videos uploaded by some users may result in infringement of third-party intellectual property rights or other rights. Currently, about 50 copyright lawsuits have been received to infringe the rights and interests of third parties.”
Station B has copyright disputes with Xunlei and iqiyi. For example, according to China judicial document website, in March 2016, Shanghai Pudong New Area court tried the infringement case of iqiyi and station B about happy camp. The court held that station B’s behavior infringed iqiyi’s right of information network communication for 19 programs involved in the case, and should bear civil liabilities such as stopping infringement and compensation for losses, and decided that station B should compensate iqiyi for 57000 yuan of economic loss.
For the infringement risk, station B said in the prospectus that due to the large number of uploaded videos, station B may not be able to identify all the infringing videos. On the one hand, it will lead to potential litigation, on the other hand, it will bring heavy burden to management. It is understood that the content screening team of station B currently has more than 200 employees, which can screen and monitor the content of the platform in real time.
“Most of the people who go to station B are post-90s and post-00s.” Station B senior user Xiaoluo said, “watching the video, Japanese animation accounts for a large part. When there is no video website to buy copyright, some users will transfer the animation video obtained from other ways to B station for free viewing. However, since 2013, the copyright progress of traditional video websites has made rapid progress, and the legalization of animation on video websites has begun to impact station B. the days of watching dramas free of charge are gone. ”
In order to deal with the copyright problem, station B opened the road of self-made and investment. Last year, site B put forward a plan called “made by BiliBili”, that is, station B participates in the investment, production and distribution of content, and the content is produced by professional content creation institutions. In terms of animation, in the past three years, station B invested and participated in the production of 71 domestic original animations, basically accounting for half of the total number of domestic original animations in the past three years. In terms of documentary, station B continues to support outstanding documentary works and creators through the “documentary search plan”, and has produced high-quality documentaries such as polar, historical events and Sichuan flavor Season 3. Station B has also reached cooperation with discovery, BBC and National Geographic.
In addition to investing in a single work, station B has also invested in a number of content production companies, using the method of “investment instead of system” to bind institutional content producers. According to incomplete statistics of public data, the reporter found that from 2018 to January 2019, station B invested more than 20 companies in the field of culture and entertainment. The main businesses of these companies include animation production, cartoon IP, derivatives, virtual idols, games and other fields.