Because Station B did not have the authorization and permission of the copyright holder Youku Network Technology (Beijing) Co., Ltd., and the user of Shanghai Phantom Electric Information Technology Co., Ltd., the operator of Station B, uploaded the video of "Deyun Sheyi B Wei Nian Sealing Celebration 2016", the Beijing Intellectual Property Court recently upheld the first-instance judgment of the final trial, because Station B seriously infringed Youku's exclusive information network dissemination right, and the case was closed with the defendant B station compensating Youku for 100,000 yuan of economic losses.
It is understood that the judgment disclosed by Tianyancha shows that in 2016, Youku Company obtained the exclusive information network dissemination right of the variety show "Deyun Sheyi Wei Nian Sealing Celebration 2016" through the purchase of legal authorization, Youku Network said: The program involved in the case is only for the VIP works provided by members, so it requires a higher amount of compensation, and Station B published the program involved in the case on the "Bilibili" website and android client without permission to provide broadcast services, infringing on the legal rights of Youku Network. Youku claimed economic losses and reasonable expenses of 200,000 yuan (including notary fees of 10,000 yuan and lawyers' fees of 20,000 yuan).
Station B said: Our company is a network service provider, station B is a short video sharing website, uploaded by users. The right side of the program involved in the case displays the uploader information, and the label is also set by the user himself, which is difficult for my company to notice. The program involved in the case has not been edited by our company, there is no classification, the safe harbor principle should be used, Youku Network Company deleted it without prior notice, and our company should not bear tort liability.
The Haidian District People's Court of Beijing Municipality held that Youku Network Company obtained the exclusive information network dissemination right of the program involved in the case through authorization, which is a well-known cross-talk program and is a work that can only be watched by paid members during the hot broadcast period, and has high value. Station B has the nature of a platform, using the notification deletion rules, but the works uploaded by users should be reviewed and considerable duty of care should be fulfilled. However, Station B failed to fulfill the corresponding duty of care, and its behavior infringed Youku's exclusive information network dissemination right. On September 30, 2019, the first instance court of Station B compensated Youku Company for economic losses and reasonable expenses of 100,000 yuan.
Station B appealed against the first-instance judgment, and on April 27, 2020, the Beijing Intellectual Property Court recently upheld the first-instance judgment in its final judgment.
Xiaobian believes that no matter how to infringe intellectual property rights is not right, this will have an economic impact on the infringed company, the epidemic situation we should do our best to do our part, for the country's economic development to make their own strength!
Baibo Intellectual Property is a professional third-party rights protection company for the brand side to maintain intellectual property rights, we specialize in online C shop counterfeiting, price control, trademark infringement determination, etc. for the brand side, and the brand party in need can consult the official website.
News source: Baibo Intellectual Property