Why Douyin film and television clips were judged to be infringing

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;

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.

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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.

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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**].

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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.

Tort. Article 2 of the current Copyright Law of the People's Republic of China stipulates that works of Chinese citizens, legal persons or other organizations, regardless of whether they are published or not, shall enjoy copyright in accordance with this Law. Therefore, regardless of whether the registration certificate is issued or not, the author owns the copyright of the work.

Tort. Article 2 of the current Copyright Law of the People's Republic of China stipulates that works by Chinese citizens, legal persons or other organizations, regardless of whether they are published or not, shall enjoy copyright in accordance with this Law. Therefore, regardless of whether the certificate of registration is obtained or not, the author has the copyright of the work.