The Beijing Winter Olympics officially opened
The enthusiasm of the crowd was high
But clips from sports events are not allowed
Broadcast in short video form
Or in a short video of your own production
Using clips from unlicensed sporting event programs...
These actions may constitute copyright infringement
In order to further improve the level of judicial services and guarantees for the Beijing Winter Olympic games and the Winter Paralympic Games, the Beijing Intellectual Property Court recently sorted out and investigated the trial of copyright infringement cases in the broadcast of some sports events, and interpreted and prompted legal issues such as the characterization of sports programs, the constituent elements of infringement, and the assumption of liability.
Sporting events 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 off-screen commentary, etc., so they have originality, belong to audiovisual works, and are protected by copyright law.
Based on this
Disseminate the program of the Winter Olympic Games
The permission of the relevant right holder shall be obtained
It cannot be spread freely on the Internet
Unauthorized dissemination of footage of a sporting event
It may also constitute infringement
From the analysis of past judicial practice, it is difficult to meet the constituent conditions for fair use in the Copyright Law by using unlicensed event program clips in self-produced short videos. Therefore, while watching the Winter Olympic Games, everyone should be cautious about disseminating the Winter Olympic games and avoid infringing on the legitimate rights and interests of relevant rights holders.
During the Winter Olympic Games, online platforms should not broadcast sports programs without permission, do not set links to websites that clearly provide sports programs without permission, and do not set up columns or special areas for sports programs that are obviously unauthorized, and actively edit, organize and recommend sports programs. After receiving the notice from the right holder, necessary measures such as deleting, blocking, and disconnecting links shall be taken in a timely manner against the infringing content, and the use of some functions shall be restricted to users who have repeatedly and extensively infringed.
Source: Tianjin Gaofa