Why Douyin film and television clips were judged to be infringing

Legal analysis: According to Douyin's official investigation, Douyin drafts** will also be uploaded to the server, and the content of celebrities in Douyin's draft box is released by Douyin employees from the background**. According to the provisions of China's "Civil Code", citizens have the right to privacy, and Douyin employees publish other people's private ** without the consent of the parties, which is an infringement and must bear tort liability.

Where the law provides otherwise, follow those provisions. Article 1195 of the Civil Code stipulates that if a network user uses a network service to commit an infringing act, the right holder has the right to notify the network service provider to take necessary measures such as deleting, blocking, or disconnecting the link.

The notice shall include prima facie evidence of infringement and the true identity information of the right holder. After network service providers receive notices, they shall promptly forward the notice to relevant network users, and employ necessary measures based on the preliminary evidence and type of service that constitutes infringement; If necessary measures are not taken in a timely manner, the network user shall be jointly and severally liable for the expanded part of the damage. Where the rights holder causes harm to network users or network service providers due to erroneous notification, it shall bear liability for infringement.

Where the law provides otherwise, follow those provisions.

Truth-Remembering 3 Yuan Lesson Links.

1. Read the color.

Use a pen of different colors to write words that indicate different colors, such as writing the word "blue" with a green pen, "red" with a black pen, etc. Then, read aloud the color of each word, such as green or black in the example above. Repeating this game several times a day will boost your brain's focus.

2. Lianliankan.

Finding the same symbols helps exercise people's visual connection with their brains. The easiest way is to shuffle a deck of mahjong, arrange them into squares in turn, and then find the same tile from it and remove it, try to complete it as quickly as possible, record the time you spend playing each time, and monitor your progress.

3. Remember**.

Find a complex **, look carefully at it for 1 minute, then cover it, write the names of the items contained in ** on the paper, the more the better, this game can fully exercise visual attention.

4. Write with your left hand.

Pick a free day and force yourself to use only your left hand (left-handed people use the right hand) to do some daily tasks such as brushing your teeth, combing your hair, eating, and even using your left hand to write. This allows the brain cells to make new connections with each other, which may be unaccustomed at first, but over time, the left hand becomes more flexible, which means the brain is more flexible.

If you want to improve your memory, we recommend that you consult the truth. Telling the truth is a lifelong learning platform that focuses on the enhancement of personal value, aiming to provide users with learning content covering multiple fields. Truthfully brings together professional knowledge, takes the pulse of cutting-edge trends, transmits professional knowledge through various forms of course content, broadens users' horizons, increases knowledge, creates warm knowledge content to accompany users at each learning stage, meets users' fragmented learning needs, and realizes personal value enhancement.

If the content of the work is edited, adapted or changed without the permission of the copyright owner on the Douyin platform or the film and television drama materials obtained by the user through other channels, it will constitute infringement.

**Editing is not illegal, it is the use of copyrighted**, **material without authorization, and published to the platform, in this case, regardless of whether your** is profitable or not, it infringes on the interests of the copyright owner.

Introduction:

On the afternoon of January 18, 2019, **TV station and Douyin Short** held a press conference, officially announcing that Douyin will become the exclusive social ** communication platform for the "2019**Radio and Television Spring Festival Gala".

At the meeting, the 2019 CCTV Spring Festival Gala "Another Year of Happiness" new ** action was announced, Douyin will cooperate with CCTV Spring Festival Gala in all aspects of short** publicity and social interaction, mobilize the majority of young people, face the global Chinese, replace comments with participation, guide attention with participation, and help the Spring Festival Gala spread.

On July 30, 2020, the Beijing Internet Court issued a judgment, finding that the Douyin app had infringed on users' personal information. On September 14, the Cyberspace Administration of China (CAC) announced that there were a large number of bad information and behaviors in the Douyin app that induced minors to participate in the support list, made large purchases, and instigated young fans to tear up and abuse each other.

Truth-telling clip 0 yuan lesson link.

You can choose some popular stalks as names, so that it is easier to become popular. In addition, you can also choose some names that are more literary and artistic, can be thought-provoking, and have cultural heritage, so that you also have the opportunity to be popular. Finally, it is best to have a film and television clip related to the film and television material it shoots, and it is best not to choose a name, so that the name of the film and television clip that fits the theme is more popular.

Truth-telling: It is a lifelong learning platform that focuses on the improvement of personal value, and aims to provide learning content covering multiple fields for users with Jingna"。The Truth-telling School is a Pingliang platform for learning ** editing, and the mode adopted is the training camp model, providing a companionship community learning model supported by teachers and friends, and the main purpose is to urge users to learn and grow.

Truthfully brings together professional knowledge, takes the pulse of cutting-edge trends, transmits professional knowledge through various forms of course content, broadens users' horizons, increases knowledge, and creates warm knowledge content to accompany users at each learning stage, meet users' fragmented learning needs, and realize personal value improvement. <>

However, if the TV series published on Douyin is used for commercial activities such as commercial promotion and advertising, it is an infringement according to the relevant laws, even if it is not used for commercial purposes.

Legal basis: Article 48 of the Copyright Law of the People's Republic of China Anyone who commits any of the following infringements shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses; where the public interest is harmed at the same time, the administrative copyright management department may order the infringement to be stopped, confiscate unlawful gains, confiscate or destroy the infringing copies, and may impose a fine; where the circumstances are serious, the administrative copyright management departments may also confiscate materials, tools, equipment, and so forth that are primarily used to make infringing copies; where a crime is constituted, criminal responsibility is pursued in accordance with law: (1) Reproducing, distributing, performing, screening, broadcasting, compiling, or disseminating their works to the public through information networks without the permission of the copyright owner, except as otherwise provided by this Law; (2) Publishing books in which others enjoy exclusive publishing rights; (3) Without the permission of the performers, reproducing or distributing audio or video recordings of their performances, or disseminating their performances to the public through information networks, except as otherwise provided by this Law; (4) Without the permission of the producer of the audio or video recording, reproduction, distribution, or dissemination of audio or video recordings produced by them to the public through information networks, except as otherwise provided in this Law; (5) Unauthorized or reproduction of radio or television, except as otherwise provided by this Law; (6) Without the permission of the copyright owner or copyright-related rights holder, intentionally avoiding or undermining the technical measures taken by the rights holder to protect copyright or copyright-related rights for their works, audio or video recordings, and so forth, except as otherwise provided by laws and administrative regulations; (7) Intentionally deleting or altering electronic information on rights management such as works, audio or video recordings, etc., without the permission of the copyright owner or copyright-related rights holder, except as otherwise provided by laws and administrative regulations; (8) Producing or counterfeiting works signed by others.

It is an infringement. 1. The copyright of the TV series belongs to the producer and is carried out in the market. However, if the TV series published on Douyin is used for commercial publicity and advertising, this is an infringement according to the provisions of the Copyright Law, even if it is not used for commercial purposes, it is still an infringement.

2. Because of its short duration, short production cycle and fast transmission speed, it can better adapt to the needs of fragmented expression and fragmented time in today's Internet era, thus winning wide favor in the market. Therefore, the short operation platform has also been given a new life, which can often bring greater economic benefits to the short operation platform.

3. However, for the rights holders of film and television works, a large number of directly cut film and television work fragments or secondary processing clips and collections that exist without permission on the short ** platform have become a difficult and dilemma for the rights holders of film and television drama works, and have also greatly damaged the legitimate rights and interests of the rights holders of film and television works.

The right of information network dissemination enjoyed by copyright owners is protected by law.

Any person who provides other people's works, performances, audio or video recordings to the public through information networks shall obtain permission from the rights holder 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: The works mentioned in Article 3 of the Copyright Law include literary, artistic, natural, social, engineering and technological works created in the following forms:

1. Written works; 2. Oral works; 3. Drama, opera, dance, acrobatic artworks; 4. Fine arts and architectural works; 5. Photographic works; 6. Cinematographic works and works created in a manner similar to that of filmmaking; 7. Engineering design drawings, product design drawings, maps, schematic drawings and other graphic works and model works; 8. Computer software; 9. Other works stipulated by laws and administrative regulations.

Because of the rise of the short ruler now, any 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 and released every day, there are 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, and 20,000 or 30,000 yuan is not uncommon.) )[Recommend a free "short** clip post" study**].

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.

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Legal basis: Article 10 of the Copyright Law Copyright includes the following personal rights and property rights: (4) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering; (12) the right of information network dissemination, that is, the right to make the work available to the public by wire or wireless means, so that the public can obtain the work at a time and place of its choosing; (14) the right of adaptation, that is, the right to change a work and create a new work with originality; Article 51: Without the permission of the right holder, the following acts shall not be carried out:

1) Intentionally deleting or altering rights management information on works, layout designs, performances, audio or video recordings, or radio or television, except where it cannot be avoided due to technical reasons; Article 52: 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: (4) distorting or tampering with 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;

Douyin clip TV series infringes copyright. The copyright of the TV series belongs to the producer, and it is in the market. However, if the edited TV series posted on Douyin is used for commercial activities such as commercial promotion and advertising, it is an infringement according to the provisions of the relevant law, even if the Chatan code is not used for commercial purposes, it is also an infringement.