WeChat public accounts recommend goods, APP, other public accounts and other "good things" to users through articles, and provide links or QR codes, and the relationship between the recommender and the recommended person may legally constitute joint infringement.
Recently, a precedent disclosed by the Beijing Intellectual Property Court showed that a movie public account linked a film and television APP through "Read the Original Article" at the end of the tweet, so that users could watch the movie "To Catch a Demon". The Beijing Intellectual Property Court held that the WeChat operator constituted joint infringement with others, and ruled to compensate 20,000 yuan for economic losses and 3,000 yuan for rights protection costs.
A movie public account released an article recommended to download the "Little Love Cinema" APP, users can watch "Catch the Demon"
According to the Beijing Intellectual Property Court, "I am Yan value movie" once published the article "Online Watching Film Chasing Tutorial Black Technology", click "Read the full text" at the end of the article, you can download and install the "Little Love Cinema" APP on your mobile phone.
Enter the APP and search for "Catch the Demon" to watch the movie. Jebsen Huashi, the copyright holder of the movie "To Catch a Demon", believes that the above acts infringe its right to disseminate information networks, so it sues the court.
The court of first instance held that the plaintiff, Jebsen Huashi, enjoyed the right to disseminate the information network of "To Catch a Demon".
WeChat public account "I am a yan value movie" and "Xiao Ai Cinema" APP form an interrelated model, WeChat operators did not review the basic qualifications of the APP when selecting the "Xiao Ai Cinema" APP, failed to fulfill a reasonable duty of care, have obvious fault, should bear the corresponding tort liability, and the judgment compensates for economic losses of 20,000 yuan and rights protection costs of 3,000 yuan.
The defendant appealed to the Beijing Intellectual Property Court.
The Beijing Intellectual Property Court held that the WeChat operator constituted joint infringement with others
The Beijing Intellectual Property Court held that the above-mentioned acts of the WeChat operator enabled the public to obtain the film involved in the case at a time and place selected by the individual, and it should be found that the information network dissemination right of the copyright holder of the film involved in the case was infringed.
If the WeChat operator has no evidence to prove that it has obtained the authorization of the right holder of the film involved in the case, nor does it have evidence to prove that the "Xiaoai Cinema" APP has obtained the permission of the right holder to play the film involved in the case, according to the evidence in the case, it should be determined that the WeChat operator and the business entity of the "Xiaoai Cinema" APP jointly provided the playback of the film involved in the case in a division of labor and cooperation, constituting joint infringement with others, and the WeChat operator shall bear the tort liability.
In summary, the court ruled to dismiss the appeal and uphold the original judgment.
According to the judge of the Beijing Intellectual Property Court, in this case, while the "I am Yan Yan Film" WeChat public account published an article to recommend the "Xiao Ai Cinema" APP, clicking "Read the Original Text" at the end of the article directly popped up the download link of the "Xiao Ai Cinema" APP, and accordingly determined that the operator of the WeChat public account of "I am Yan Yan Film" and the operator of the "Xiao Ai Cinema" APP bear joint infringement liability.
While introducing other content, the WeChat public account should pay attention to distinguishing whether its own behavior is simply introducing the content, or forming a division of labor and cooperation with the introduced person to jointly implement a certain behavior.
If it falls into the latter case, it is necessary to increase attention and pay attention to the legality of the acts of the co-cooperating subjects and the legality of the source of the works used, so as not to constitute joint infringement.
Written by: Nandu reporter Zhu Weijing
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