The popular TV series has been cut and uploaded to online platforms for dissemination. Court: Infringement of work information network dissemination rights, infringer should stop infringing and compensate
2026-02-05
Watching a movie in 5 minutes and watching a hot search drama in 10 minutes... These types of fast-paced and flexible short video cutting "fast food" have become the choice for many people to entertain themselves and obtain information. However, behind the prosperous development of the cultural and creative industry, there are hidden dangers of short video infringement. Recently, the Yangpu District People's Court in Shanghai concluded a dispute over infringement of the right to network dissemination of works, and ruled that the defendant Xiao Li should compensate the three plaintiffs for economic losses and reasonable expenses. The TV drama "Qingping Le" premiered on a certain satellite TV in April 2020 and received widespread attention from society after being simultaneously broadcasted on a certain video platform. On April 16th of the same year, during the popularity of the drama, Xiao Li uploaded 150 clips of the TV series "Qingping Le" on a video website and app operated by a certain operating company, and set them up as a collection for dissemination. The duration of each segment ranges from tens of seconds to several minutes. Authorized, a certain computer system limited company, a certain technology limited company, and a certain digital limited company have obtained the information network dissemination rights and related rights protection rights of "Qingpingle". The three companies believe that Xiao Li's behavior has attracted a large number of users to click and watch, which has to some extent affected the playback of genuine TV dramas, resulting in the loss of some online users who originally watched genuine works on its related platforms, infringing on its right to disseminate information on the TV dramas involved in the case. Xiao Li has also gained a lot of attention, likes, and shares through this, and there may be illegal gains. Therefore, the three companies sued Xiaoli and a certain operating company to Yangpu District Court, requesting that the two defendants cease infringement and that Xiaoli compensate the plaintiff for economic losses and reasonable expenses for rights protection. During the lawsuit, the defendant's operating company deleted the relevant short videos involved in the case. After the court's trial, it was deemed that the relevant evidence submitted by the plaintiff formed a complete chain of evidence, which is sufficient to determine that the three plaintiffs jointly enjoy the right to information network dissemination and rights protection of "Qingpingle", and have the right to file a lawsuit in this case. The defendant Xiao Li, without permission, disseminated the work in question in the form of short video clips through his online platform account, infringing on the three plaintiffs' right to information network dissemination of the work in question. He should bear civil liability for stopping the infringement and compensating for losses. Given that the short video in question has been deleted during the litigation period, the court does not need to rule to cease infringement. Regarding the amount of compensation, the court comprehensively considers factors such as the influence of the TV drama involved, the number of infringing short videos, the time of infringement and the short interval between the first broadcast of the TV drama on the authorized platform, and the duration of infringement, and makes a decision in accordance with the law. In the end, the court ruled that the defendant Xiao Li should compensate the three plaintiffs for a total of 20000 yuan in economic losses and reasonable expenses for safeguarding their rights. After the first instance verdict, neither party appealed and the verdict has now come into effect. The judge stated that film and television works are audiovisual works protected by the Copyright Law of the People's Republic of China. From planning, filming to post production, they have gathered the wisdom and hard work of numerous creators, and invested a lot of manpower, material resources, and financial resources. In order to encourage creativity and effectively protect the legitimate rights and interests of creators and copyright owners, the law grants a series of rights to film and television copyright owners, and the right to disseminate information through the internet is one of the important ones. Without the permission of the copyright owner, others are not allowed to disseminate the copyright owner's works through information networks at will. This provision of the law provides a solid guarantee for the healthy development of the film and television industry and maintains the normal order of the market. Cutting short videos may seem convenient for viewers to quickly access exciting clips, but without authorization from the copyright owner, this behavior constitutes infringement. Taking this case as an example, the defendant Xiaoli's act of cutting "Qingping Le" into 150 segments and uploading them to online platforms, allowing the public to access these segments at a time and place of personal choice, violates the copyright owner's right of information network dissemination. Even if the disseminators of cropped short videos do not aim for direct profit, but only to attract attention and increase traffic, it cannot change the essence of their infringement. This kind of infringement not only damages the economic interests of copyright owners, but may also affect the normal dissemination path of film and television works and damage their market value. Here, the judge reminds that for short video creators, it is essential to firmly establish legal awareness and regard respecting the intellectual property rights of others as the basic principle of creation. Do not take chances in pursuit of popularity and traffic, and use other people's film and television clips without authorization, which may lead to legal risks of infringement. (New Society)
Edit:Jiajia Responsible editor:Linian
Source:https://www.rmfyb.com/
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