Commentators observe that | short video boom can not rely on content "porting"

On December 15, the China Online Audiovisual Program Service Association issued the "Detailed Rules for the Standards for the Review of Online Short Video Content" (2021), which was comprehensively revised on the basis of the 2019 edition, in addition to improving the issues of pan-entertainment, vulgar and vulgar kitsch that are of great concern to society, but also clarifying that "short videos must not be edited without authorization". This means that there will be rules to govern "content porting".

The rapid development of short videos has pushed the traffic economy to a new height, and traffic and users are the passwords of wealth. Many short films and television dramas under the banner of secondary creation are actually free commercial, aggregating massive users for huge profits. "× after watching × movies", etc., white rubbing film and television dramas to do editing, cutting strips, and soon formed and improved the business model. Under the guise of "reasonable use", "content handling", "advertising and publicity", short video authors arbitrarily grab film and television drama resources, and almost do not communicate with film and television drama rights holders, and it is impossible to obtain authorization, and the awareness of intellectual property rights is weak.

These acts of making profits by rubbing film and television drama clips and cutting short videos may constitute infringement of intellectual property rights. The constituent elements of copyright infringement are "contact may + substantial similarity". Although there is a possibility of secondary creation for editing, handling, and commentary of film and television dramas that others enjoy copyright, it infringes on the original market and is not a fair use. On the one hand, although there is no direct charge for film and television editing and cutting strips, the traffic obtained by them is an integral part of economic interests; on the other hand, there is no data to prove that the indirect traffic and promotion effect brought by the short video for the right holder can offset the loss of the right holder. The intellectual property rights contained in film and television dramas and the interests of the right holders have been ignored or even infringed, and this kind of infringement, which is different from piracy, is not easy to detect, but the degree of harm is deeper.

"Content handling" short video is a new business model with the help of digital technology, which meets the actual needs of some consumers, and is also within the scope of copyright constraints, the introduction of the detailed rules provides the basis for implementation, only by respecting copyright, innovating copyright cooperation models, and forming a benign interaction and cooperation can we develop sustainably and healthily. First, establish a licensing mechanism to form an atmosphere of jointly safeguarding intellectual property rights; second, balance the interests of short video creators, audiovisual works rights holders, long video platforms, short video platforms and the public. In the short term, the operation of the new mechanism may increase the operating costs of short videos, and will also eliminate a number of short video accounts; in the long run, it is conducive to the continuous supply of short video operators for secondary creation of film and television works, while promoting the dissemination of film and television dramas, producing more high-quality short video products, thereby optimizing the video communication value chain and forming a good ecology of win-win cooperation.

Article/Guangzhou Daily commentator Li Ji

Photo: Guangzhou Daily New Flower City reporter Mo Weinong

Guangzhou Daily New Flower City Editor Hu Jun