Top 10 Typical Copyright Cases in Shanghai in 2022: The First Immersive Script Chamber Copyright Case in China, Selected

Release time:Apr 16, 2024 00:16 AM

In order to build an international intellectual property protection highland, strengthen copyright protection publicity, and enhance public awareness of copyright protection, the Shanghai Copyright Bureau today released the top ten typical copyright cases in Shanghai for 2022. The selection of the top ten cases is organized by the Shanghai Copyright Bureau, recommended by units such as the Shanghai Public Security Bureau, Shanghai People's Procuratorate, Shanghai Higher People's Court, Shanghai Cultural and Tourism Bureau Law Enforcement Corps, Shanghai Customs, and Pudong New Area Intellectual Property Bureau, and selected by experts. The specific cases are:

1. Criminal case of private printing of books such as DK Encyclopedia of Museums and other copyrights

2. Copyright infringement dispute case of "Langya List Immersive Script Room Game"

3. Criminal case of copyright infringement by selling pirated laser cutting software

4. Criminal case of copyright infringement on the private server of the game "New Douluo Continent"

5. Administrative Penalty Case for Copyright Infringement Caused by Online Live Broadcasting and Online Disk Sharing

6. Copyright infringement and unfair competition cases of Winter Olympics sports event programs

7. Copyright infringement dispute case of publishing work links on online community platforms

8. Criminal case of illegal production and sale of anime toys such as One Piece infringing on copyright and counterfeiting registered trademarks

9. Administrative Penalty Case for Copyright Infringement in Karaoke Entertainment Venues

10. Administrative Punishment Case for Infringement of Copyright of "Tiktok Short Video LOGO"

The ten major cases include four criminal cases, three administrative cases, and three civil cases, covering multiple fields such as online live streaming, sports events, books, audiovisual websites, games, computer software, music, etc. According to selection experts, the selection of the top ten typical copyright cases in Shanghai this year has four typical characteristics:

Firstly, focus on new business formats and establish industry behavior models. This selection of the top ten typical cases has identified a number of infringement and piracy cases in emerging fields, which plays a promoting role in effectively cracking down on the chaos of piracy and infringement in new formats, regulating the development order of the industry, and establishing industry models. The copyright infringement dispute case of "Langyabang Immersive Script Room Game" is the first case in China where an immersive script room game is accused of infringement of adaptation rights. Through the trial of the case, it guides the operators of secret room script killing to enhance their copyright awareness and promote the healthy development of the entertainment industry of secret room script killing; In the process of enforcing administrative penalties for copyright infringement in online live streaming, in response to the frequent occurrence of infringement in the online live streaming industry, law enforcement agencies have strengthened their law enforcement functions, actively cooperated in investigations, and made explorations and breakthroughs in confirming the infringing parties and verifying illegal gains. This has cracked the bottleneck of the immediacy and concealment of copyright infringement in online live streaming, demonstrating the determination of law enforcement agencies to deepen the key supervision of online copyright and adhere to the rule of law in pipe networks.

Secondly, it is to accurately apply the law and provide reference ideas for handling similar cases. The criminal cases of book copyright infringement, such as the private printing of DK Encyclopedia of Natural History, have strictly distinguished the "copying and distribution" behavior from the "sales" behavior in book copyright infringement crimes, accurately characterized the nature of the criminal behavior, and provided reference for the trial of cases involving multiple people producing and selling pirated books in judicial practice. The criminal case of illegal production and sale of anime toys such as One Piece infringing on copyright and counterfeiting registered trademarks is aimed at infringement behaviors that meet both the elements of copyright infringement and the elements of counterfeiting registered trademarks. Based on the degree of responsibility of the perpetrator, a comprehensive evaluation of the infringement behavior is conducted, and the "single punishment" and "multiple crimes combined punishment rules are cross applied. The degree of punishment application is appropriately increased, which is conducive to building a protection system that is compatible with punishment and incentives.

The third is to emphasize the main responsibility and promote the healthy development of the industry. The top ten typical cases focus on the current development status of key industries, emphasize the main responsibility of enterprises, deepen key supervision of online copyright, and interpret the law through case studies. For example, the case of copyright infringement dispute over the online community platform publishing links to works is quasi deterministic. The online community platform belongs to the network service provider, reasonably defines the judgment criteria of the platform's "should know" under the new Internet communication mode, reflects the accuracy of judicial response to the new form of network communication, and reasonably guides the online community platform to regulate the management of users' publishing links; The criminal case of copyright infringement on the private server of the game "New Douluo Continent" has achieved a full chain crackdown from game source code sales to "private server" operation agents, conveying a strong signal of judicial authorities cracking down on intellectual property infringement crimes. It helps urge game companies to strengthen their awareness of rights and the rule of law, establish an internal control mechanism for intellectual property protection, and help the healthy development of the game industry; The administrative penalty case for copyright infringement in karaoke entertainment venues is aimed at the situation where the operators of song and dance entertainment venues have a weak understanding of copyright and have a mentality of luck. Through the handling of the case, the illegal and criminal phenomena in song and dance entertainment venues are effectively curbed, helping operators establish a correct concept of copyright protection.

Finally, it is to expand social influence and effectively deter illegal and criminal activities. This time, a group of typical cases with significant social influence and high attention have been selected from the top ten typical cases. Through timely handling of copyright infringement and unfair competition cases related to the Winter Olympics sports program, the normal market competition order of sports program has been maintained, which helps to enhance China's international image of strengthening intellectual property protection; The criminal case of infringing copyright by selling pirated laser cutting software involves the first listed enterprise on the Science and Technology Innovation Board in Minhang. The case has received widespread attention since its acceptance. Through criminal means, this case has cracked down on computer software copyright crimes, effectively protecting the rights of software rights holders and further stimulating the innovation vitality of science and technology innovation enterprises; In the case of administrative penalty for infringing the copyright of "Tiktok Short Video LOGO", the customs initiated the active protection procedure for the export goods declared as "no brand" after discovering the suspicion of intellectual property infringement, accurately intercepted and investigated, effectively cracking down on the illegal acts of copyright infringement in the import and export link.

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