Law

Does the cutting and dissemination of popular TV dramas constitute infringement?

2025-06-16   

Watching an entire episode in 60 seconds, watching a movie in 5 minutes... Opening various social media platforms and video websites, these fast-paced and flexible short video clips have become a popular choice for many people's leisure and entertainment. However, if unauthorized use is made of other people's film and television works, music, images, and other materials for creation, or even directly "moving" them, such behavior carries legal risks. Not long ago, the Yangpu District People's Court in Shanghai concluded a dispute over infringement of the right to network dissemination of works. After the TV drama "Qingping Le" was broadcasted on a certain video platform, it received social attention. Authorized, the plaintiff, a certain computer system limited company, a certain technology limited company, and a certain digital limited company, have obtained the information network dissemination rights of "Qingpingle". During the popularity of the drama, Xiao Li uploaded 150 clips of the TV series "Qingping Le" on a video website and app operated by a certain operating company, and set them up as a collection for dissemination, with each clip ranging in length from tens of seconds to a few minutes. Xiao Li's behavior has attracted a large number of users to click and watch, which has to some extent affected the playback of genuine TV dramas, resulting in the loss of some online users who originally watched genuine works on relevant platforms, and infringing on the plaintiff's right to information network dissemination of the TV drama in question. Xiao Li has gained a lot of attention, likes, and shares through this, which may result in illegal gains. ”The three authorized companies sued Xiao Li and the operating company to the court, requesting an order to stop the infringement and for Xiao Li to compensate for economic losses and reasonable expenses for rights protection. Film and television works are audiovisual works protected by the Copyright Law. Without the permission of the copyright owner, others are not allowed to disseminate the work through information networks at will. ”Judge Ni Xianfeng of the Intellectual Property Trial Division of Yangpu District Court stated that "Xiao Li's unauthorized dissemination of 'Qingpingle' in the form of short video clips through online platform accounts, allowing the public to access these clips at their chosen time and place, violates the copyright owner's right to information network dissemination." It is reported that even if the disseminator of the short video clips is not directly for profit, but only to attract attention and increase traffic, it cannot change the nature of its infringement. The court held that regarding the amount of compensation for losses, the court comprehensively considered factors such as the influence of the TV drama involved, the number of infringing short videos, the time of infringement and the short interval between the first broadcast of the TV drama on the authorized platform, and the duration of infringement. Therefore, it was decided in accordance with the law that Xiao Li should compensate the plaintiff for economic losses and reasonable expenses totaling 20000 yuan. In addition, Xiao Li has also deleted related works. (New Society)

Edit:XieYing Responsible editor:ZhangYang

Source:chinanews.com.cn

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