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网络直播著作权侵权
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电影“陪你看”、小说“为你读”等高互动性视频娱乐近来爆火,法官提醒—— 任性网络直播 当心被诉侵权(法治聚焦)
Ren Min Ri Bao· 2025-05-07 22:27
Core Viewpoint - The rise of interactive video entertainment through live streaming has led to new forms of copyright infringement, as evidenced by recent cases in Beijing Internet Court [1][2][3]. Group 1: Live Streaming and Copyright Infringement - Live streaming platforms providing services like "watching together" may infringe on exclusive rights held by content owners, as seen in a case where a technology company was sued for allowing users to watch a popular TV series without proper authorization [2][3]. - The court ruled that the technology company's actions constituted copyright infringement, resulting in a compensation order of 80,000 yuan to the original content owner [3]. - The court emphasized that innovation in service models should not come at the expense of others' legal rights, reinforcing the principle of "authorization before use" for live streamers [3][4]. Group 2: Unauthorized Use of Literary Works - A case involving a live streamer who read a novel without authorization highlighted that such actions constitute infringement of the author's broadcasting rights, leading to a compensation order of over 20,000 yuan [4][5]. - The court found that the live streaming platform was not liable for joint infringement as it had taken reasonable measures to manage the content [5]. - The development of new business models like live book readings must adhere to copyright laws, and platforms should ensure effective management of content to avoid liability [5][6]. Group 3: Use of Music in Live Streaming - A case involving an e-commerce live streaming account using copyrighted music as background without payment led to a ruling that the company must compensate the rights holder for damages [6][7]. - The court reiterated that using recorded music in live broadcasts requires payment to the rights holders, reflecting the need for compliance with copyright laws in the digital economy [6][7]. - The prevalence of music-related infringement cases indicates a lack of established authorization models in the live streaming industry, necessitating platforms and streamers to prioritize obtaining rights before usage [7].
北京互联网法院:涉网络直播侵权案件多发,音乐侵权占比高
Xin Jing Bao· 2025-04-29 13:41
Core Viewpoint - The rise of copyright infringement in live streaming has become a significant issue, with various types of works involved and the integration of "live streaming +" models expanding the diversity of infringement scenarios [1][2]. Group 1: Infringement Cases - As of March 31, 2025, the Beijing Internet Court has accepted 1,195 cases related to copyright infringement in live streaming, with a high proportion involving music works [2]. - Common infringement methods include live performances of others' songs and the use of others' songs as background music [2]. - New infringement models have emerged, such as "watching together" and "reading for you," alongside traditional infringement methods, leading to a high proportion of complex infringement cases [2][3]. Group 2: Legal Proceedings and Outcomes - A typical case involved a defendant company providing a "watching together" feature, which was found to infringe on the exclusive rights of a popular TV series, resulting in a compensation order of 80,000 yuan [3]. - The court ruled that the defendant's business model, which allowed users to share and replay live broadcasts, constituted an infringement of information network dissemination rights [3]. Group 3: Involved Parties and Trends - The main parties in copyright infringement cases are categorized into three groups: direct lawsuits against individual streamers, lawsuits against both platforms and streamers, and lawsuits solely against platforms, with the latter accounting for approximately 65.36% of cases [4]. - The difficulty in identifying direct infringers leads rights holders to prefer suing platforms, which are easier to target [4]. Group 4: Platform Responsibilities and Recommendations - Live streaming platforms often have dual roles as service providers and content providers, which may increase their obligations and liabilities [5]. - The number of live streaming users in China has reached 833 million, representing 75.2% of internet users, with 38.8 million professional streamers [5]. - Recommendations include establishing training systems for streamers on intellectual property rights and encouraging them to seek authorization before using others' content [5].