近日，上海知识产权法院就腾讯公司诉上海某科技公司著作权侵权纠纷案作出终审判决。 本案为明晰权利人享有海量作品版权之证明标准、司法认定破坏《著作权法》意义上的"接触控制措施"之构成要件，提供了重要范式。 中伦合伙人马远超，律师邓明森、周伊璐为本案提供了全程法律服务。 二审法院撤销了一审法院认定被诉行为构成不正当竞争的定性及判赔金额，改判认定将"腾讯视频"特有加密格式转换为mp4等开放格式的行为，构成《著 作权法》第四十九条所禁止的"故意为他人避开或者破坏技术措施提供技术服务"的著作权侵权行为。二审法院判决上海某科技公司停止侵权、消除影响， 并赔偿腾讯公司经济损失及合理开支超109万元。 二审阶段，中伦律师付出了极大努力，提交了超14,000部作品不同程度的权属证据并基于公示的《用户协议》概括授权等，说服法院推定腾讯公司享有以 全平台视频版权提起本案诉讼的主体资格。中伦律师主张被诉"提供规避手段"行为违反《著作权法》第四十九条的禁止性规定，具有独立的法律意义；二 审法院最终也采纳该观点，认定"提供规避手段"的违法性并不依赖于转换格式后续的使用方式是否违法，只要该规避手段损害了权利人从作品利用中获得 合理回报的正当 ...

转自：四川在线 事实上，邓紫棋等歌手早已声明：自己的作品不授权AI改编。这样的AI改编侵权吗？谁该为这样的"魔 改"担责？今天小铭就邀请四川方策律师事务所律师郭刚来给大家切一切。 郭刚告诉小铭，虽然歌曲是AI改编的，但改编的指令都是由人下达的，因此首先要明确向AI发出指令 的人，为什么改编歌曲。如果只是自己欣赏，那么无伤大雅，但如果公开传播、甚至因此获取流量或金 钱利益，那么无疑侵犯了原创的著作权。在这个过程中，平台不能当"甩手掌柜"，明知这种行为侵权却 以信息量太大等为由失于监管，这就要负起侵权的连带责任。即便著作财产权过期，作者人身权中 的"保护作品完整权"也永久有效。 郭刚提到，根据民法典，现有的侵权发生之后，需要原创者主动向平台提起删除侵权内容的申请，这种 应对侵权行为的滞后性，导致如今短视频平台上侵权行为仍然屡见不鲜。监管部门应当与时俱进，通过 技术手段在源头上加强监管，防患于未然，才能让更多创作者放心、大胆创作。 小铭认为，AI改编本身对于创作者而言并非坏事，关键在于如何用好这个利器，在不侵犯歌手权益的 前提下，让多种风格的作品百花齐放，最终让听众的耳朵受益。对这件事你怎么看？欢迎评论区留言。 四 ...

Group 1 - A Shenzhen-based company, established in 2015, specializes in oral care consumer products and has become a well-known brand in the industry [1] - The company registered copyright for the packaging design of two toothpaste products on September 29, 2022, but later discovered a Dongguan-based business selling similar products [1] - The infringing products were designed and produced by a Guangzhou company, which not only copied the appearance but also used similar promotional keywords [1] Group 2 - The Shenzhen company provided evidence that the AI design drafts for the toothpaste were finalized on March 10, 2022, with the first publication dates on March 14 and April 29, 2022 [1] - The defendant company claimed their design drafts and packaging dates were earlier than the plaintiff's, but the court found discrepancies in the evidence presented [2] - The court ruled that the defendant company had engaged in willful infringement, ordering a compensation of 6 million yuan, which was upheld after the defendant's appeal was rejected [2]

Group 1 - A seller on the platform Xianyu was found guilty of copyright infringement for selling counterfeit Dimoo figurines, leading to a court ruling for compensation [1][2] - The plaintiff, M Company, is the copyright holder of the DimooWorld series, which is a popular line of collectible toys under the brand POPMART [1] - The court ruled that the seller, referred to as Xiao Lin, infringed on the plaintiff's distribution rights by selling similar products without authorization, resulting in a compensation order of 9,000 yuan [2] Group 2 - The court considered factors such as the high recognition of the Dimoo series, the inducement behavior during evidence collection, and Xiao Lin's status as a small seller on Xianyu [2] - The ruling reflects the legal stance on intellectual property rights within the collectible toy industry, emphasizing the importance of authorization for sales [2]

Core Points - The court ruled that Vision China (000681.SZ) illegally sold the photo "Village Under the Galaxy" by Dai Jianfeng, infringing on his information network dissemination rights and right to attribution [2] - The court ordered Vision China and two other companies to jointly compensate 15,000 yuan and to publish an apology on their official website for 48 hours [2] - The court found Vision China's previous claim for over 80,000 yuan in damages from Dai Jianfeng to be clearly inappropriate [2]

Core Viewpoint - Guangzhou Tianzong Network has filed a lawsuit against four companies for copyright infringement related to its flagship game "Fantasy Immortal Transmission," seeking 30 million RMB in damages [1] Group 1: Company Overview - Guangzhou Tianzong Network is known for its flagship product "Fantasy Immortal Transmission," a turn-based mobile game with a background based on the Journey to the West, featuring a unique art style and dual gameplay mechanics [1] - The game includes 49 core gameplay modes, such as PVE dungeon exploration and PVP competitions, allowing players to enhance their combat power through various systems [1] Group 2: Legal Proceedings - The lawsuit targets four defendants: Shenzhen Fantasies, Shenzhen Happy Rabbit, Hainan Avenue Tianxiang Technology, and Guangzhou Qile You, with Shenzhen Fantasies being a notable company in the sports gaming sector [1] - The lawsuit requests the defendants to cease all infringing activities related to "Fantasy Immortal Transmission" and to issue public apologies in prominent media outlets [3] - The plaintiffs are seeking a total of 30 million RMB in damages, along with additional legal fees amounting to 600,000 RMB [3] Group 3: Related Company Issues - Shenzhen Fantasies has recently been reported to be facing bankruptcy due to internal fraud issues, with over 10 million RMB involved [2] - Hainan Avenue Tianxiang and Guangzhou Qile You are both controlled by Guangzhou Encounter Time Network Technology Co., Ltd. [2]

Core Viewpoint - The "Jin Yong vs Jiang Nan" case, a significant copyright dispute in the publishing and literary creation industry, has reached a comprehensive settlement after nine years of legal proceedings, marking the end of what is known as the "first case of fan works" in China [1][4]. Group 1: Case Background - The case originated from Jiang Nan's early novel "The Youth of This Place," which heavily utilized characters and elements from Jin Yong's classic martial arts novels, leading to allegations of copyright infringement and unfair competition by Jin Yong in July 2016 [2][3]. - The initial ruling by the Guangzhou Intellectual Property Court recognized the infringement and ordered Jiang Nan to cease the infringing activities, issue a public apology, and pay a total of 1.68 million yuan in damages, along with 200,000 yuan for reasonable expenses to stop the infringement [3]. Group 2: Settlement Details - The parties reached a settlement agreement that included several key points: - They agreed not to classify the actions as "plagiarism" - Jiang Nan acknowledged a lack of knowledge regarding copyright law and the resulting damage to Jin Yong [4] - Jiang Nan committed not to reprint "The Youth of This Place" in its original form and will not use original character names or related content from Jin Yong's works in future editions [4] - The subtitle used in the earlier version of the novel constituted unfair competition [4] - Jiang Nan has fulfilled the compensation amount determined in the previous ruling, and all prior judgments will no longer hold legal effect [4]. Group 3: Legal Implications - The case highlights the complexities surrounding "fan works" and copyright infringement, emphasizing that each situation must be analyzed on a case-by-case basis to determine whether a fan work infringes on the original author's rights [6]. - The court's approach focused on resolving disputes through dialogue rather than strict legal interpretation, aiming to clarify the legal boundaries of fan creations and the standards for recognizing copyright infringement [3][6].

Core Viewpoint - The rapid development of artificial intelligence (AI) technology has led to a surge in AI-generated content (AIGC), which raises concerns about the boundaries of "fair use" and "infringement" in the context of classic works of art and culture [1][2]. Group 1: AI Technology and Content Creation - AI technology has enabled diverse forms of artistic reconstruction, including film adaptations, AI singer covers, and style imitation in painting, expanding creative boundaries [1]. - The phenomenon of AI modification, particularly of classic works, often prioritizes sensationalism over respect for the original content, potentially distorting the original creators' intentions and undermining the essence of the original works [1][2]. Group 2: Intellectual Property Concerns - The use of AI for modifying classic works without the original creators' permission may constitute copyright infringement, especially since the copyrights of many classic works have not expired [2]. - AI-generated content that distorts the portrayal of actors or characters may infringe on the rights of the individuals involved, raising significant legal issues [2]. Group 3: Legal and Ethical Responsibilities - Creators and platforms must respect the rights of original creators and seek proper authorization to ensure that AI modifications comply with copyright laws [2][3]. - The responsibility for any infringement lies with the video publishers, while platforms that fail to fulfill their review obligations may also face liability for the consequences of such infringements [3].

Core Viewpoint - Kuaishou is facing significant legal and operational challenges, including a substantial copyright infringement ruling and internal corruption issues, which may impact its reputation and business operations [2][8]. Group 1: Legal Issues - Kuaishou has been ordered by two courts to pay a total of 89.1 million yuan for copyright infringement related to the unauthorized distribution of content from "De Yun Dou Xiao She" and "Chang Xiang Si" [2]. - The Guangdong and Chongqing High People's Courts found that Kuaishou had engaged in numerous infringement activities and mandated the platform to implement effective measures to prevent the spread of infringing videos [2][3]. - Despite receiving 2,179 "take-down notices" over three years, Kuaishou has failed to adequately address the issue, with over 2,000 infringing videos remaining on the platform [3]. Group 2: Corruption Scandal - A corruption case involving Kuaishou's former e-commerce service manager has emerged, with allegations of embezzling over 140 million yuan in subsidies and laundering the money through virtual currency platforms [8]. - The case has led to the conviction of seven individuals, including the former manager, who received prison sentences ranging from three to fourteen and a half years [8]. Group 3: Business Performance - Kuaishou reported a 17.6% year-on-year increase in e-commerce GMV, reaching 358.9 billion yuan in the second quarter, with an average of 134 million monthly buyers [9]. - The platform's "pan-shelf" e-commerce GMV accounted for over 32% of total e-commerce GMV, with significant growth during the 618 shopping festival [9]. - Despite strong performance, the platform faces challenges with high-profile influencers like Xin Yuzhi (Xin Ba), who has announced multiple withdrawals from the live-streaming industry, raising concerns about the platform's credibility [9][10][12].

Core Viewpoint - Kuaishou has been ordered to pay a total of 89.1 million yuan for copyright infringement related to the popular shows "De Yun Dou Xiao She" and "Chang Xiang Si" [1] Group 1: Legal Judgments - The Guangdong and Chongqing High People's Courts found Kuaishou to have significant fault and serious infringement, applying punitive damages at 1x the compensation amount [1] - Kuaishou was ordered to compensate 60 million yuan for "De Yun Dou Xiao She" and 29.1 million yuan for "Chang Xiang Si" [1] Group 2: Preventive Measures - The courts mandated that short video platforms implement necessary measures such as filtering and interception to effectively prevent the spread of infringing content [1]