Original title: Attention! Do not create a video of the Winter Olympic Games for the second time, which may be infringing
Since the opening of the Beijing Winter Olympics, domestic audiences have been enthusiastic about watching the games, and many video bloggers have also chosen to edit the clips of the Winter Olympic games for secondary creation, allowing netizens to use the "small screen" to recall the wonderful moments of the Winter Olympics. In the past two days, the popularity of related videos has also continued to rise.
"Gu Ailing's last perfect jump, challenging 1620 super difficulty" "The opening ceremony of the Winter Olympics is a profound scene, a 'pigeon' can not be less" "The opening ceremony of the Winter Olympics 24 solar terms countdown HD watermarkless version! ”...... On the evening of February 9, the reporter browsed a number of video platforms and saw many secondary creation videos of the Winter Olympic Games. Taking "Gu Ailing's Last Jump" as an example, a short soundtrack video uploaded by a blogger has more than 1.22 million likes, 47,000 comments, more than 20,000 collections, and more than 30,000 retweets. Another blogger uploaded the "Gu Ailing Gold Last Jump Slow Motion" replay short video with nearly 7,000 likes and more than 300 comments.
"When I see someone cheering on the news that some athlete has won the championship in the circle of friends, my first reaction is to search for the moment of winning the championship on the short video platform and repeatedly reminisce." Ms. Hu, a citizen, told reporters that compared with the elders' habit of using televisions, desktop computers and other equipment to watch the game, young people who are busy at work are more inclined to use their mobile phones to watch the most essential clips for the first time, and then look back at the complete game clips.
However, legal experts caution that the Winter Olympics program is protected by copyright law. While the second creation of videos of the Winter Olympics has become popular, we should also pay close attention to the copyright infringement risks behind the traffic.
According to the judge of the Beijing Intellectual Property Court, sports programs that meet the requirements of originality are audiovisual works. In the production process of large-scale and important sports events such as the Olympic Games, a large number of lens techniques, montage techniques and editing techniques are used, and the individual choices and arrangements of creators such as cameras and choreographers are reflected in the shooting angle of the camera position, the switching of the lens, the selection of shooting scenes and objects, the selection of shooting screens, editing, arrangement and extra-studio commentary, etc., which are original, belong to audio-visual works, and are protected by copyright law. Based on this, the Winter Olympic games program can not be spread on the Internet at will.
Does the fragment of the Winter Olympic event program that only uses tens of seconds or even a few seconds of secondary creation still constitute infringement? According to reports, in general, the behavior of disseminating sports event program clips includes the following two types: broadcasting the clips in sports event programs in the form of short videos, and using clips from sports event programs in self-produced short videos. Regardless of the above-mentioned acts, as long as the permission of the right holder is not obtained, it may constitute copyright infringement.
The judge of the Beijing Intellectual Property Court said that from the analysis of past judicial practice, it is difficult to meet the constituent conditions of fair use in the Copyright Law by using unlicensed clips of the event program in short videos produced by themselves. Therefore, while watching the Winter Olympic Games, everyone should be cautious about disseminating the Program of the Winter Olympic Games to avoid infringing on the legitimate rights and interests of relevant rights holders.