The dissemination of Beijing Winter Olympic Games program beware of infringement

2022-05-13 0 By

The curtain of the 2022 Beijing Winter Olympics has been opened, and the Winter Olympics have further ignited the national enthusiasm for ice and snow sports, and the enthusiasm for watching the games is also very high.However, while enjoying the huge traffic brought by the Winter Olympics, online platforms should also pay close attention to the risk of copyright infringement.To this end, our reporter interviewed the relevant person in charge of Beijing intellectual property court.In the case of copyright infringement of sports event rebroadcasting, the object mainly targets at all kinds of sports event programs, and the infringement mainly involves the rebroadcasting of complete sports event programs and the rebroadcasting of sports event programs in the form of short videos. The accused subject mainly involves the operators of digital TV networks, online videos and social networking platforms.What are the characteristics of copyright infringement cases of sports event retransmission?First of all, the subject of infringement is more concentrated.It is especially concentrated on various network video platforms and social platforms, which are usually presented by short videos of relevant sports events posted by network users on various platforms, or live or rebroadcast video links of relevant sports events set up by the platforms themselves.At the same time, the timeliness of broadcast of sports events determines that the number of infringement usually reaches its peak in the period of sports events, which aggravates the risk of enlarges the loss of the right holder.In addition, the identification of platform tort liability is complicated.The trial is complicated, involving the determination of direct and indirect infringement, the determination of subjective fault of the platform, the timeliness of necessary measures in the notice-deletion rule, the necessity of other reasonable measures, and the balance of interests between network users and copyright owners.Are the programs of winter Olympic Games protected by copyright law?Sports event programs that meet the requirements of originality belong to audio-visual works.Large important sporting events such as Olympic program in the process of production, a lot of use of the camera techniques, montage and editing technique, at the shooting Angle, the lens switch, the choice of filming scenes and objects, selection of footage, editing, layout and so on songs commentary embodies the camera, director, such as character selection and arrangement of the creator,An original audio-visual work shall be protected by the copyright law.Can winter Olympic events be freely distributed on the Internet?Can’t.Permission shall be obtained from the relevant right holders for the dissemination of the programmes of the Winter Olympic Games.According to the relevant provisions of China’s Copyright law, as audio-visual works, the copyright of sports event programs is enjoyed by producers.Usually in the sports event program signed producer is the copyright owner.In addition, in view of the fact that broadcasting organizations usually have the exclusive right to broadcast live broadcasts and other communication works for large-scale sports events, broadcasting programs of the Winter Olympic Games should not only obtain the copyright license of producers, but also obtain the neighboring right license of broadcasting organizations that disseminate sports event programs.Broadcasting organizations have the right to prohibit other people from rebroadcasting, recording, duplicating their sports event programs by wired or wireless means or disseminating them to the public through information networks without their permission.For example, a sports culture company is authorized to obtain the exclusive network video rights of all the official activities of the 2019 Chinese Super League (CSL), including all 240 games, opening ceremony and award ceremony, including but not limited to the Internet, IPTV and other new media.Sports&culture found that a broadcasting company was offering online on-demand broadcasts of one of the above events on its network digital TV platform.Beijing intellectual property court believes that the events involved in the program constitutes a work is created by virtue of the analogous method of film, sports culture company authorization documents submitted to form a complete chain of evidence to prove that its enjoy the events involved in the program of information network transmission right, radio and television company in network digital TV platform for events involved in online on demand,It is in line with the legal characteristics of the right of information network communication: “the public can obtain works at the time and place selected by individuals”, and constitutes a direct infringement on the right of information network communication of sports culture company, so it should bear the civil liability of stopping infringement and compensating for losses.In another copyright dispute case, CCTV International obtained the media rights to broadcast the 2018 World Cup in Russia in mainland China through live broadcasting, delayed broadcasting and on-demand broadcasting authorized by FIFA.A network technology company provided the public with the links of 17 complete matches involving Portugal and Spain through its mobile App, and provided the information of the matches involved in the opening screen advertisement, home page and popular area of the App, so that the relevant public could watch the real-time live broadcast of the matches involved through the App.Beijing intellectual property court believes that network technology company will show events involved in the App, involved and propaganda of World Cup matches in the App involved the tail page related content, in the absence of evidence to prove that linked website to obtain authorization, network technology company shall recognize the infringement of the larger may be linked website, but it still to be linked to recommend sites and show,There is subjective fault, should assume the legal liability of aiding tort.To this end, the judge reminded, without the permission of the owner of the Winter Olympic Games live broadcast or delay playback of the program, constitute copyright infringement.Does the dissemination of clips of Winter Olympic Games programs infringe upon rights?In general, the behavior of disseminating clips of sports event programs includes the following two kinds: one is to broadcast clips of sports event programs in the form of short video;The other is to use clips from sports event programs in short videos made by oneself.If the above behavior does not get the permission of the right holder, it may constitute copyright infringement.After is a kind of behavior, special circumstances may also constitute a reasonable use, but need to meet, under the condition of reasonable use of copyright law in the judicial practice usually works in combination with the nature and purpose of use behavior, by use of the nature of the work, by using partial quantity and quality, using a work influence factors such as potential market or value judgment.However, judging from the judicial practice in the past, it is difficult to meet the above conditions of fair use to disseminate the clips of sports event programs without permission.Therefore, it is necessary to carefully disseminate winter Olympic Games programs to avoid infringing on the legitimate rights and interests of relevant right holders.What copyright infringement risks exist in online platforms?In view of the network platform of a sports program of copyright infringement, practice is usually divided into the following two kinds: one is the infringing content exist in the network platform, but it cannot prove that provide information storage space or network services such as search link, or a network platform for network service providers to cooperate with others and so on ways to provide the infringing content, pose a direct infringement;The second is the network platform that provides the infringing users with information storage space or search links and other services. In the case of subjective fault in the dissemination of the infringing content, it constitutes an indirect infringement and shall bear the liability for infringement damages.Under what circumstances can an online platform that provides information storage space or search links be deemed subjectively at fault?Judicial practice usually includes the following situations:Sports event programs have high popularity. The competent administrative authorities have issued warning letters or the right owners have issued warning notices in accordance with regulations. The infringement occurred during the popular broadcast period of sports event programs, and the online platforms have set up columns or special sections for infringing sports event programs, or actively edited, arranged and recommended them.If a link service provider sets a directed link or the linked website obviously provides infringing content without permission, the network platform gains direct economic benefits from the dissemination of infringing content, etc.How should network platform avoid copyright infringement risk?The judge suggested that it is necessary for network platforms to do the following to avoid copyright infringement risks as much as possible: 1. Do not broadcast sports events without permission;2. Do not set up links to websites that obviously offer sports event programs without permission;3. Do not set up columns or special sections for obviously unlicensed sports event programs, and actively edit, sort out and recommend them;Iv. Upon receipt of the notice from the right owner, necessary measures such as deleting, blocking and disconnecting infringing content shall be taken in a timely manner;V. Based on the nature and mode of the services it provides, the possibility of causing infringement, and its information management capability, it shall actively take other reasonable measures, such as restricting the use of some functions by users who repeatedly and massively infringe upon the services.Xu Yanhong, Reporter of The Chinese People’s Political Consultative Conference (The 12th edition on February 08, 2022)