Piracy of popular TV dramas is rampant and urgently needs to be regulated by law

2025-02-27

In a certain search engine dialog box, enter "Nezha 2xx Cloud Drive", and the first two search results show: "Nezha: The Demonic Children of the Sea" full version is free, 155 minutes of uncut resources, free online viewing. Click on it, it's a link address for a certain cloud storage. Copy to the browser and open, directly enter the cloud storage, click on "Save Resources to Cloud Storage" to watch the movie. At this time, 'Ne Zha: The Demonic Children Roar in the Sea' is still being screened in cinemas and is not authorized for online playback. The playback resources on online storage undoubtedly belong to piracy. A recent investigation by a reporter from the Legal Daily found that online storage has become the main channel for the dissemination of pirated film and television works due to its powerful storage and convenient sharing functions. There are many film and television works available for sharing on XX cloud storage and XX cloud storage, such as "Southbound" and "Blooming Flowers", which can easily access the complete content. According to iQiyi's statistics, in just 13 days after its popular crime investigation drama "I am a Criminal Investigation Officer" was launched, more than 82000 pirated online storage links were discovered, with an average of about 6300 online storage links discovered every day. Some online storage users told reporters that sometimes, as soon as a popular film or television work is released, users can access and share information on the online storage of the film or television work through various social media and social groups. Some e-commerce platforms even openly sell high-definition online storage resources of the film or television work. Some cloud storage service providers also take advantage of the characteristics of cloud storage dissemination to promote their cloud storage products not only for "free viewing", but also for "high-definition smooth" playback, and even develop paid functions to further enhance the smoothness and user experience of high-definition pirated viewing, thereby gaining more user attention and usage time, and increasing their commercial monetization ability. Piracy of online storage is not the only way for film and television works to encounter piracy, and there is also a situation where search engines (browsers) prioritize presenting links to pirated websites. The reporter entered "TV Play" from South to North "in a search engine dialog box, and the search results showed that the first top link website had viewing resources, but after inquiry, the website had no ICP filing (Internet website domain name information filing). When searching for other film and television works, such as "Lotus Tower" and "The Great Tang Di Gong Case", a certain number of suspected infringing websites are prioritized on the homepage of the search results. According to Zhao Yunfeng, a partner at Kangda Law Firm in Beijing, with the continuous optimization and development of algorithm recommendation mechanisms in the past two years, when using search engines to retrieve film and television works, the number of pirated websites in search results is increasing, and there is also a characteristic of "high proportion of piracy and priority presentation of piracy". For example, in the first three search results for movies and TV shows on some search engines, two of them are pirated websites, and some pirated websites even have priority over legitimate websites in the search results. It is worth noting that when users visit pirated websites, some search engines not only fail to take effective measures to filter or intercept harmful pirated content, but also actively prompt users to pay for the "smooth playback" service on search engine platforms. In addition, there is a serious phenomenon of piracy of short videos with "excessively long commentary". Short video piracy has evolved from the "fast food" editing of "watching a movie or TV series in 3 minutes" to over 2 hours of lengthy commentary, with some even lasting up to seven or eight hours. This type of commentary video almost directly uses the original footage, without any secondary creation. Industry insiders have revealed that even if film and television companies or video platforms complain to short video platforms, they sometimes refuse to take down related content on the grounds of "reasonable use" or secondary creation. The "follow-up" form of cutting and moving has become a new issue of short video infringement. For example, within less than 10 minutes of the release of a film or television series, some short video platforms may experience piracy and dissemination of the content being updated. In some cases, the original series may be split into three parts: top, middle, and bottom (each segment lasting 10 to 20 minutes), and then automatically broadcasted in the order of the series in the form of a "collection". Under the guidance of the industry insiders mentioned above, the reporter saw on a certain short video platform that the top 5 "latest" TV series on the "Hot List" of Yunhe, which are still being updated and broadcasted, can all find corresponding segments on the platform. They are divided into three parts: upper, middle, and lower videos, each with a playback time of nearly 15 minutes, which can fully cover all the content of the latest TV series of the current period. Piracy is destroying our industry According to Gong Yu, founder and CEO of iQiyi, roughly calculated, the direct losses of various parent video platforms due to piracy exceed 5 billion yuan per year. In Zhao Yunfeng's view, the current problem of online piracy in film and television works is severe and urgent. If it cannot be effectively controlled, in the short term, it will affect the legitimate income of copyright owners and legitimate broadcasting platforms; In the long run, it will dampen the creative enthusiasm of artists and producers, pollute the entire industry ecology, and further affect the development of China's film and television industry. As for the reason why film and television works encounter piracy, Ma Lihong, senior partner of Beijing Deheheng Law Firm, believes that with the development of the Internet and digital technology, it is very easy to copy and disseminate film and television content, enabling pirates to quickly upload works to various platforms. Piracy can bring economic benefits such as advertising revenue and membership fees, while the cost to benefit ratio is almost negligible, which drives pirates to engage in piracy behavior driven by profit. Some users have turned to piracy due to the high price or inconvenient access to genuine content, which objectively fuels piracy behavior in the market demand Ma Lihong analyzed that for piracy, the legal sanctions and strength are not enough, which also gives pirates room for rent-seeking. Some platforms have lax content censorship, allowing pirated content to spread, and even some search engines and online storage platforms have become channels for piracy. Cracking down on piracy and protecting the film and television copyright ecosystem have become the unanimous call of the film and television industry and video platform practitioners. In order to better protect film copyright, the National Copyright Administration, National Film Administration, Ministry of Public Security, Ministry of Culture and Tourism and other relevant departments recently deployed a special action to protect the copyright of Spring Festival cinema films. 21 cases of Spring Festival film infringement were investigated, 320 infringing and pirated film and television websites and apps were seized, 438700 links related to Spring Festival film infringement were disposed of, and 1492 infringing accounts were processed, effectively ensuring the order of Spring Festival film dissemination. A member of the Legal Committee of the China Television Drama Production Industry Association believes that strengthening copyright protection and cracking down on infringement and piracy have become important tasks for the current development of the cultural industry. This committee member suggests accelerating the filing and review process, improving efficiency, and preventing infringement platforms from delaying the litigation process and expanding infringement on the grounds of jurisdiction; Strengthen the ban on the preservation of popular works, ensure full protection, and accelerate the statute of limitations of the ban to stop infringing acts as soon as possible; Strengthen platform governance measures, clarify responsibilities, and avoid platforms abusing safe harbor rules to shift blame; Enhance the discretion of compensation and punishment, strengthen protection, and break the vicious cycle of infringement that continues to escalate despite repeated prohibitions. Ma Lihong believes that only when the law, technology, and related industries work together can piracy be effectively curbed and the rights of creators be effectively protected. By improving and implementing copyright protection laws, increasing the crackdown on piracy, raising the cost of illegal activities, and strengthening cross-border cooperation to combat cross-border piracy. Enhance technological means, use digital watermarking, content recognition and other technologies to track the source of piracy, strengthen platform audits, and promptly remove infringing content She said that it is necessary to strengthen platform responsibility. Search engines, online storage and other platforms should prioritize displaying legitimate content, restrict the spread of pirated links, and short video platforms need to strengthen supervision of infringement behaviors such as "excessively long commentary". The film and television industry should unite to jointly combat piracy, share anti piracy experience and technology, and purify the industry environment. (New Society)

Edit:Rina    Responsible editor:Lily

Source:Legal Daily

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