Does "Er Chuang" really count as infringement?, Announcement on Bilibili's Further Infringement Dispute | Shanghai Kuanyu Digital Technology Co., Ltd. | Erchuang

Release time:Apr 14, 2024 08:19 AM

Recently, the video barrage website Bilibili's affiliated companies Shanghai Kuanyu Digital Technology Co., Ltd. and Shanghai Huandian Information Technology Co., Ltd. have added multiple court hearing announcements. According to Tianyancha, Bilibili has been sued by Hangzhou NetEase Cloud Music Technology Co., Ltd., Beijing iQiyi Technology Co., Ltd., and others for infringement of work information network dissemination rights, copyright ownership, and infringement disputes.

In recent years, Bilibili has repeatedly been embroiled in infringement disputes. Among them, the "second creation" video is the most controversial content. What exactly constitutes infringement in "second creation" videos?

Bilibili is embroiled in another infringement dispute

Hangzhou NetEase Cloud Music Technology Co., Ltd. and Shanghai Kuanyu Digital Technology Co., Ltd. have announced a new court hearing for the infringement of the right to network dissemination of work information. The plaintiff is Hangzhou NetEase Cloud Music Technology Co., Ltd. The case will be heard in the Yangpu District People's Court of Shanghai on September 5th.

Beijing iQiyi Technology Co., Ltd. and Shanghai Kuanyu Digital Technology Co., Ltd., as well as Shanghai Huandian Information Technology Co., Ltd., have announced three new court hearings regarding the infringement of work information network dissemination rights, copyright ownership, and infringement disputes. The cases will be heard at the Pudong District People's Court in Shanghai at 9:00 am on September 6, 14:00 on September 6, and 14:00 on September 14, respectively.

In addition, Jiecheng Huashi Wangju Cultural Media Co., Ltd., Beijing Dream Star Art Cultural Media Co., Ltd., Shanghai Lingyue Cultural Media Co., Ltd., and others have also sued Shanghai Kuanyu Digital Technology Co., Ltd. in court for infringing on the network dissemination rights of their works. According to public information, all relevant cases will be heard in September.

Li Hongjiang, Executive Partner and Director of the Intellectual Property Business Committee of Beijing Guantao Zhongmao Law Firm, stated in an interview with China News Service Guoshi Direct that Bilibili may constitute infringement in two situations: firstly, Bilibili itself uses the involved works on Bilibili without permission, which does not meet the requirements of reasonable use; The second issue is that Bilibili users use the involved works on Bilibili without permission, which is not in line with reasonable usage. Bilibili knows or should know that the user has committed infringement but has not deleted the infringing works or disconnected the links.

This is not the first time Bilibili has been sued, as it has been repeatedly surrounded by infringement. According to Qichacha, as of now, there are 2192 cases with Shanghai Kuanyu Digital Technology Co., Ltd. as the defendant, of which more than 90% are cases of infringement.

Does "Er Chuang" really count as infringement?

Among the numerous infringement disputes on Bilibili, whether "Er Chuang" videos constitute infringement is the most controversial topic.

In recent years, more and more UP creators have engaged in secondary creation and commentary based on movies, anime, and other content, attracting a large number of users. However, the resulting copyright disputes have also increased.

In April 2021, more than 70 film and television companies, video platforms, and film and television industry associations issued a joint statement calling on short video platforms and public account producers to respect originality and protect copyright, and not to engage in unauthorized editing, cutting, moving, and dissemination of related film and television works.

But after the statement was issued, a group of netizens expressed that many dramas were both lengthy and lengthy, and they were more willing to watch "second creation" videos. Some netizens also said that many times, it is because they have watched videos of "Er Chuang" that they are favored, and they will only pursue dramas, and even open VIP video platforms for this reason.

Does "Er Chuang" video really count as infringement? Luo Xueming, member of the Expert Committee and Chief Expert of Guangdong Modern City Industrial Technology Research Institute, stated that on the one hand, the creation of "second creation" videos is based on original knowledge achievements, which may constitute infringement of the original content; On the other hand, high-quality "second creation" can trigger a siphon effect, which plays a role in attracting traffic to the original video. Some small and medium-sized film and television companies also collaborate with "second creation" producers to market their original works.

But the awkwardness in practice is that if the original video is lukewarm and not popular, the original may hope to make a "second creation" of it; Once "second creation" videos achieve good dissemination results and generate economic benefits, original content may be sued for infringement. In addition, "Er Chuang" UP owners may also attract users and business opportunities from the original platform to Bilibili.

There are also certain difficulties in determining whether "second creation" constitutes infringement.

An Wensen, a partner at Baichen Law Firm, stated that in terms of infringement determination standards, "Er Chuang" videos are consistent with videos that are directly "moved". However, in general, the difficulty of determining whether "Er Chuang" infringes is much higher than "moved" videos. In practice, there is no clear and consistent definition of the infringement nodes in "second creation" videos, which requires platforms such as Bilibili to strengthen the quality of review through various technical means or systems.

Li Hongjiang introduced that Article 20 of the Copyright Law stipulates the situation of reasonable use, such as using works already published by others for personal learning, research, or appreciation; Or to introduce, comment on a certain work or explain a certain issue, appropriately citing other people's published works in the work is considered a reasonable use. In the case of reasonable use, if the second creator specifies the author's name or the name of the work, and does not affect the normal use of the work, it must also reasonably harm the legitimate rights and interests of the copyright owner.

In Luo Xueming's view, infringement disputes are actually a process of competition and game between various music and video platforms, dividing users and advertisements, and it is difficult to come to an end in a short period of time.

Two women were stabbed to death and reported to have committed a crime 4 days before the follow-up visit for schizophrenia. Suspect of a bloody murder case in a Hong Kong shopping mall appeared in court today. Male | Last Friday | Murder case

According to Hong Kong's Wen Wei Po, a bloody knife stabbing case occurred at Hollywood Square in Diamond Hill last Friday. The police arrested a 39 year old man on suspicion of stabbing two young women, one of whom was stabbed over 30 times. The suspect appeared in the Kwun Tong Magistrates Court this morning. The police at the Kwun Tong Magistrate's Court temporarily charged the suspect with two counts of murder last Sunday. The suspect appeared in court this morning at the Kwun Tong Magistrate's Court. Acting Chief Magistrate Zheng Jihang, after listening to the opinions of both the prosecution and defense, decided to postpone the hearing for two weeks until 9:30 am on June 19th, waiting for two psychiatric expert reports to be obtained. The defense did not object. Zheng Jihang approved the application, and the defendant needs to be temporarily detained at Xiaolan Mental Hospital. When the suspect appeared in court, he wore black framed glasses, a light gray shirt, and camouflage green shorts, and was able to answer the judge's questions normally. accordingly

Currently, the highly anticipated summer harvest work in Henan has shifted its focus to the northern region of Henan. According to the Henan Daily client, on June 4th, Lou Yangsheng, Secretary of the Henan Provincial Party Committee, presided over a special video scheduling meeting on the "Three Summers" work in the province, listened to the situation report, analyzed and judged the situation, and arranged and deployed the next steps of work. Governor Wang Kai made specific arrangements. On the evening of May 31, 2023, in Xiafutou Village, Xuliang Town, Boai County, Jiaozuo, Henan Province, villagers braved light rain in the wheat fields to harvest wheat. Visual China Map Lou Yangsheng pointed out that the current summer harvest battle in the province has entered the decisive stage. Doing a good job in summer harvest in northern Henan Province is related to the summer grain yield and seed safety. We should focus on seizing opportunities and make every effort to organize the wheat harvesting work in the northern Henan region, minimize losses, and protect the interests of farmers to the greatest extent possible. Accurate forecasting is essential

Xinhua All Media+| Welcome home! What innovative technologies are protecting the return journey of Shenzhou 15? Spaceship | Shenzhou | Technology

On June 4th, the return capsule of the Shenzhou-15 manned spacecraft successfully landed at the Dongfeng landing site. Astronauts Fei Junlong, Deng Qingming, and Zhang Lu all safely and smoothly exited the spacecraft, and the Shenzhou-15 manned flight mission was a complete success. What innovative technologies are there to safeguard the return journey of Shenzhou 15 in this mission? On June 4th, the return capsule of the Shenzhou-15 manned spacecraft successfully landed at the Dongfeng landing site. Xinhua News Agency reporter Lian Zhen photographed that "the sky and the ground" ensure the high-precision return of spacecraft. For the Shenzhou series spacecraft, the return and re-entry GNC technology is directly related to the life safety of astronauts. Taking the success of this return mission as a symbol, China has comprehensively upgraded its GNC system since the Shenzhou-12 manned spacecraft, which features autonomous rapid rendezvous and docking, autonomous adaptive prediction and re-entry return guidance, and has completed a comprehensive update and replacement

The Chinese naval fleet has arrived! Assembly | Navy | Chinese Fleet

At noon today, a Chinese naval fleet consisting of Zhanjiang and Xuchang ships arrived at the assembly area of the "Comodo-2023" multinational maritime joint exercise. It is understood that the assembly anchorage for this exercise is 3 nautical miles long and 1.5 nautical miles wide, capable of anchoring up to 50 ships. Naval vessels from various countries participating in the exercise will also arrive at the anchorage today to complete the assembly of the "Komodo 2023" multinational maritime joint exercise, which is held every two years by the Indonesian Navy. This year is already the fourth edition of the exercise. The exercise will be held from June 5th to 8th in the city of Jakarta, South Sulawesi Province, Indonesia, including the port and sea phases. In the coming days, participating navies from various countries will participate in ship reading style search and rescue exercises, maritime interception and damage management exercises, aerial exercises, and other course objectives exercises

New comment: Donkey like "morale" limit pulls US debt "bomb" fuse hard to dismantle US | debt | morale

On the evening of June 1st, the US Senate passed a bill on the federal government's debt ceiling and budget, and the flame of the US debt bomb was temporarily extinguished at the last moment. The two parties in the United States have staged an extreme tug of war over the US debt bomb. Some experts believe that the US debt crisis is the result of the reckless politics promoted by the US dollar hegemony, and the underlying cause of this crisis is the highly polarized political system of the US. Since the end of World War II, the US Congress has adjusted the debt ceiling more than a hundred times. The recurring debt crisis will not only have a catastrophic impact on the US economy and people's livelihoods, but also continuously erode the value of US dollar assets such as government credit and US bonds, bringing significant and far-reaching impacts to the global economic landscape. 【

Important news

The boundless scenery is always new-General Secretary Xi Jinping guides the construction of digital society, review and development | education | society Unswervingly Promote and Improve the Comprehensive and Strict Party Governance System Xi Jinping | Strict Party Governance | System "Seeking Truth" magazine published an important article by General Secretary Xi Jinping "Improving the Comprehensive and Strict Party Governance System and Promoting the New Great Project of Party Building in the New Era to Develop in Depth" State | President | Xi Jinping General Secretary's thoughts are still in my mind, learning from the season | building a modern marine ranching power | developing | the ocean Leading the way with a heavy load | More vitality in opening up to the outside world, stronger momentum in science and technology innovation - Strong development momentum in the ancient capital of Xi'an Automotive | New energy | Opening up to the outside world Chinese Stars | 210 Seconds Review of the Victory of Aerospace Heroes on their Way Home! Flying | Divine Boat | Hero

Political situation

What are the remaining obstacles in the investigation and undercover investigation by the law enforcement inspection team of the Municipal People's Congress? This work evaluates that Shanghai has always been at the forefront of garbage classification | garbage | law enforcement Looking forward to the global high-quality engineering enterprise layout in Shanghai, Mayor Gong Zheng meets with the President elect of the World Federation of Engineering Organizations | Global | Quality To jointly discuss and deepen cooperation and exchange in counterpart support, Chen Jining and Nie Zhuang led a discussion on the work of the party and government delegation in Kashgar, Xinjiang Chen Jining and Gong Zheng jointly inspected and discussed, jointly serving the overall development of the country! Yin Li and Yin Yong led a Beijing delegation to Shanghai to inspect the delegation's development and overall situation Contributed about 1/4 of the GDP of Shanghai, currently with 70000 foreign-funded enterprises in Shanghai. The Youth Association of Shanghai Foreign Countries has helped each other in terms of membership and GDP The representative group of Yangpu Street helps to alleviate public concerns, with garbage belts turning back into green belts and street lights lighting up again in residential areas | Representative | Yangpu

Economics

What else can I rely on for growing vegetables?, Agricultural Experiment of a Group of Young People: Lettuce without Heaven or Earth | Physical Strength | Agriculture Very few have been rejected at once... Shanghai Automotive Engine Factory has presented 49 automotive grade chips to solicit domestic alternatives to SAIC | Netherlands | United States | Lingang Pujiang International Science and Technology City | Substitution | Import | Localization | Automotive grade chips Is there still a "flower head" in domestic blockchain?, No Bitcoin, First Blockchain Technology National Standard Released Web3.0 | Blockchain | Domestic These top domestic and international beverage cold drink brands have rolled up like this, in order to welcome the overall recovery of the consumer market as a brand | Sugar Tea | International Making a dojo inside a snail shell allows the city's scraps to make a comeback. This European style garden in Shanghai used to be a "stone" on the road. Shanghai Pocket Park | Sparrow Little Dirty | Making a dojo inside a snail shell 23 industry associations (business and academic) in the Yangtze River Delta have established alliances to provide trade adjustment assistance, and the foreign trade situation is complex and severe. | Trade | Alliance

Regional situation

Shanghai Charity Foundation Successfully Issued First Electronic Donation Receipt Community | Activity | Shanghai Charity Foundation Carry out normalized social theater performance activities, and the "hometown of drama" Songjiang Xinbang will resume stage and social theater | Drama | Songjiang Xinbang How to promote and replicate the "near rail model"? Changfeng Xincun Street Building Party Building 4.0 Model | Building Committee | Jintie The largest single scale near zero energy consumption building in Shanghai will be built, and the construction area of the first batch of "Jiabao Smart Bay" in Jiading New City will start | plot | first batch Jing'an creates "one park, one theme", and the art exhibition "Painting Life and Coloring" opens at Jing'an Sculpture Park to experience | Art | Jing'an The highlights of the Xuhui exhibition area at the first Carbon Expo are frequent, including waste plastic recycling and environmental protection roads, Shanghai's first near zero carbon community, low-carbon | green | community

Viewpoint

"White carbon" is on the rise, and there are many colors of carbon? This is definitely not sensationalism, carbon dioxide emissions, color Where does the trend go: "China-Chic" cultural and creative market status, development trend and innovation path Cultural and creative | Chinese goods | China-Chic He demonstrated the essence of the revolutionary ideology and spiritual qualities of communists, and during his brief 40 years of life, Secretary Yu Xiusong's ideology What is the relationship between the "four major functions" and the "five centers"? Accurately grasp these two key elements | functions | relationships Why mention "Clean Your Plate Campaign" again?, Today's life | leftovers | CDs To find the balance between digitization and greening, experts say that excessive digitization may increase energy consumption. Digital | Green | Digitization

Vision

Celebrating the Second Anniversary of the US Army's Withdrawal, [Looking at the World] Afghan Taliban Armed Security Personnel March Typhoon | Taliban | Afghanistan It's more convenient to buy book exhibition tickets offline today, including ID card, cash, and old-fashioned mobile phones. Lu Xun | Book Exhibition | Mobile Phone These spaces create multiple interactive viewing experiences for citizens and tourists, playing with weekend aesthetics | Design | Citizens The opening ceremony will continue as usual. [Looking at the World] The opening match of the Women's World Cup. A shooting occurred in Auckland City, resulting in three deaths. The World Cup | Event | Opening match World Blood Donor Day: Oriental Pearl TV Tower, Shanghai center and other city landmarks light up Life Red World Blood Donor Day Take the artwork home for a thousand yuan? Many people come to this exhibition for their "treasure hunting" works | gallery | to take home