Is film and television drama editing infringing? Is editing a TV series an infringement?

But the content of this clip was edited by his own labor and some of his own characters. So it's actually his own labor. So it's still more vague.

I don't know whose labor is the result of this labor? Is it the film and television party or the person who edited it himself? But it seems that there is a legal provision.

And those film and television companies will not defend their rights. They generally don't care what the marketing accounts are. Because these marketing accounts earn some small traffic money.

Large companies may just turn a blind eye. They will feel that if they sue these marketing accounts, they will invest more time and energy, so they will not choose to sue, and they will just ignore it.

That's why so many people do film and television editing. And so many people who do film and television editing don't dare to directly use this film and television in their own **, even if he uses it, he only dares to use it for a few seconds. And he will also add a lot of his own subtitles to these **, as well as his own special effects.

However, there are still some editing gods, who are very good at editing all kinds of funny film and television dramas. Then add some of your own later dubbing and film and television processing, then it belongs to secondary processing. These are generally not reported and prosecuted.

If you tell a new story, I don't think it counts, and if the second creation is not taken seriously, then few people are willing to export the work.

Editing TV series is an infringement.

The permission of the copyright owner of the original work shall be obtained and remuneration shall be paid. The copyright of the TV series belongs to the producer and is carried out in the market**. However, if the TV series published on the ** software is used for commercial activities such as commercial promotion and advertising, this is an infringement according to the relevant regulations, even if it is not used for commercial purposes, it is also an infringement.

According to the relevant laws and regulations of China, the right of information network dissemination enjoyed by the right holder is protected by the Copyright Law of the People's Republic of China. Except as otherwise provided by laws and administrative regulations, any organization or individual that provides other people's works, performances, audio or video recordings to the public through the information network source network shall obtain permission from the rights holder to make a confession and pay remuneration. For film, television and audio works with clear copyrights, the original creator has the right to maintain the integrity of the work and other personal rights, and no one shall illegally edit it before obtaining the authorization of the copyright owner, otherwise it is an infringement.

Legal basis] Copyright Law of the People's Republic of China

1) Publishing a work without the permission of the copyright owner;

2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone;

3) Signing the works of others without participating in the creation of works for the purpose of seeking personal fame and wealth;

4) Distorting or tampering with the works of others;

5) Plagiarizing the works of others;

6) Without the permission of the copyright owner, the work is used by means of exhibiting or filming audiovisual works, or the work is used by means such as adaptation, translation, or annotation, except as otherwise provided by this Law;

7) Failure to pay remuneration for the use of another person's work;

8) Renting out originals or reproductions of audiovisual works, computer software, or audio or video recordings without the permission of the copyright Hu Zaoren, performers, or producers of audiovisual works, computer software, or audio or video recordings, except as otherwise provided in this Law;

9) Without the permission of the publisher, using the layout design of the books or periodicals they publish;

10) Without the performer's permission, live streaming or publicly transmitting their live performance, or recording their performance;

If it is the use of Article 1 and 2, then there will be no infringement.

According to Article 22 of the Copyright Law of the People's Republic of China, the use of a work under the following circumstances may be carried out without the permission of the copyright owner, without payment of remuneration to the copyright owner, but the name of the author and the title of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed:

1) Using published works of others for personal study, research or appreciation;

1. The fact of infringement is that the actor uses the copyright owner's works, as well as performances, audio-visual products, and radio and television programs without the permission of the copyright owner and not in accordance with the conditions of use stipulated in the Copyright Law.

2. The illegality of the act is an absolute right, and everyone is responsible for the obligation of inaction that cannot infringe on this right. When using copyrighted works, others must comply with the relevant provisions of the Copyright Law and other laws, and if the actor violates the provisions of the law, his behavior is illegal.

3. The actor's subjective fault refers to the psychological state of the infringer about his tortious act and its consequences, including intentional and negligent forms.

Because of the rise of short ** now, Renzhou Yinghe enterprise, any studio or individual needs to edit a large number of ** to package the brand, send Douyin, send Moments, send ** and other self-** channels to display. Because new content is updated every day and new content is released, there is not enough editors to recruit at all, and the imbalance between supply and demand has caused editors to have high salaries (whether they are looking for a job or taking private orders at home, the monthly income is easily over 10,000 yuan, and 20,000 or 30,000 yuan is not uncommon.) [Recommend a free Weiyu "short** editing post" learning **]:

And the editing technology does not require superb computer technology, nor does it require artistic attainments, it is basically a fixed routine, what style of film you want, what rhythm you want, you can easily master it after three or four months of training. But if you have a little computer foundation, you can drag with the mouse, click on the icon, and save, unless you don't want to learn, you can't learn it. However, if you want to learn well and have relatively weak self-control ability, it is recommended to go to a better training institution, and the strength and scale of the top few institutions in China recommend Wang's Education.

In the ** clip, [Wang's Education] is the boss in China, and each city is a chain campus directly operated by the headquarters. Different from many other large institutions of the same type: each campus of Wang's Education is physically face-to-face, the teacher is hand-in-hand, and there is a special class teacher from morning to night, and the liver-bursting learning mode will improve quickly, especially suitable for students with zero foundation.

Film and television clips without the permission of others are infringing. The person uses the copyright owner's work without the permission of the copyright owner and not in accordance with the conditions of use stipulated in the Copyright Law. The act is unlawful.

Copyright is an absolute right, and no one has an obligation not to infringe that right. The perpetrator is subjectively at fault. The so-called fault refers to the infringer's state of mind about the tortfeasor's infringement and its consequences, including both intentional and negligent forms.

If the person who edited the editor does not have the consent of the copyright owner, he cannot edit and disseminate it privately. The owner of the right to disturb the author may request the infringer to stop the infringement and compensate for the losses.

Copyright Law of the People's Republic of China

Article 52.

1) Publishing a work without the permission of the copyright owner;

2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone;

3) Signing the works of others without participating in the creation of works for the purpose of seeking personal fame and wealth;

4) Distorting or tampering with the works of others;

5) Plagiarizing the works of others;

6) Except as otherwise provided in this Law, where works are used by means of exhibiting or filming audiovisual works, or by means such as adaptation, translation, or annotation, without the permission of the copyright party;

7) Failure to pay remuneration for the use of another person's work;

8) Renting out originals or reproductions of audiovisual works, computer software, or audio or video recordings without the permission of the copyright holders, performers, or producers of audiovisual works, computer software, or audio or video recordings, except as otherwise provided in this Law;

9) Without the permission of the publisher, using the layout design of the books or periodicals they publish;

10) Without the performer's permission, live streaming or publicly transmitting their live performance, or recording their performance;

However, cutting and collapsing fragments of works without the permission of the copyright owner does not meet the requirements of fair use under the Copyright Law of the People's Republic of China. In addition, a large number of core episodes and highlights of film and television drama works have been disseminated and continuously recommended, which has constituted a substantial replacement for the original film and television works. Therefore, editing film and television dramas into clips and uploading them to the platform for ** constitutes copyright infringement of the original work.

Legal basis] Copyright Law of the People's Republic of China

Article 35: Where works resulting from the publication of adaptations, translations, annotations, collations, or compilations of existing works, permission shall be obtained from the copyright holder of the adaptation, translation, annotation, arrangement, or compilation of the work, and remuneration shall be paid.

Article 47: Where any of the following infringements is committed, civil liability such as stopping the infringement, eliminating the impact, making formal apologies, and compensating for losses shall be borne on the basis of the circumstances: (1) Publishing their works without the permission of the copyright owner; 2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone; 3) Signing the works of others without participating in the creation of works for the purpose of seeking personal fame and wealth; 4) Distorting or tampering with the works of others; 5) Plagiarizing the works of others; (6) Without the permission of the copyright owner, the work is used in the form of exhibition, filming, or filming, or in methods similar to filming, or the work is used in methods such as adaptation, translation, or annotation, except as otherwise provided by this Law; 7) Failure to pay remuneration for the use of another person's work;

The Copyright Law stipulates that producers of audio and video recordings who use the works of others to produce audio or video recordings shall obtain permission from the copyright owner and pay remuneration. Producers of audio or video recordings using works produced by adapting, translating, annotating, or arranging existing works shall obtain permission from the copyright owner of the original work who adapted, translated, annotated, or organized the work, and pay remuneration.

Producers of sound recordings may use the ** work of others that have been lawfully recorded as sound recordings to produce sound recordings, without the permission of the copyright owner, but shall pay remuneration in accordance with provisions; The copyright owner declares that it is not allowed to use it.

Revisions

On September 7, 1990, the 15th Session of the Standing Committee of the Seventh National People's Congress passed the Copyright Law of the People's Republic of China.

On October 27, 2001, the 24th Session of the Standing Committee of the Ninth National People's Congress adopted the Decision on Amending the Copyright Law of the People's Republic of China, amending the Copyright Law of the People's Republic of China for the first time.

On February 26, 2010, the 13th Session of the Standing Committee of the 11th National People's Congress passed the Decision on Amending the Law of the People's Republic of China on the Right to Bend Corrupt Writers, amending the Copyright Law of the People's Republic of China for the second time.

On March 31, 2012, according to the national legislative work plan, the National Copyright Administration drafted the Copyright Law of the People's Republic of China (Revised Draft) to solicit opinions from all walks of life, as of July 31, 2012.