Hot spot · analysis

Celebrate World Intellectual Property Day and learn about copyright tips

Every year, April 26th is World Intellectual Property Day. The theme of World Intellectual Property Day 2022 is "Intellectual Property and Youth: Striving for Innovation and Building the Future", which aims to celebrate youth led innovation and creation. On this World Intellectual Property Day, Gaopeng Culture Media's monthly magazine this month will share with you some tips on copyright.

Q: Does China's copyright law not protect ideas?

A: Copyright law only protects the form of expression of works, but does not protect the ideas, ideas, concepts, creativity, etc. of works. Copyright protection is divided into general subjects and special subjects: The subject of copyright is generally the author, that is, the person who directly creates the work.

Q: What is work registration and what role can it play?

A: "Work registration refers to a system in which the copyright owner of a work voluntarily applies to the registration agency for registration of the copyrighted work, as a proof of the copyright enjoyed by the work.".

Work registration not only helps to safeguard the legitimate rights and interests of authors or other copyright owners and in the use of the work, clarify the ownership of copyright, but also helps to resolve copyright disputes arising from the ownership of copyright, and can provide evidence for the resolution of copyright disputes. At the same time, work registration is also conducive to the realization of economic values such as the licensing and transfer of works and software.

Q: What content is not copyrighted?

A: Works that are not protected by or applicable to copyright law include:

(1) Works prohibited from publication or dissemination according to law;

(2) Laws, regulations, resolutions, decisions, orders of state organs, and other documents of a legislative, administrative, or judicial nature, as well as their official translations;

(3) Current affairs news;

(4) Calendar, universal number table.

Industry · New Deal

1. The three departments jointly issued the "Opinions on Further Regulating the Profit Making Behavior of Webcast to Promote the Healthy Development of the Industry"

On March 25, the National Cyberspace Information Office and the State Administration of Taxation jointly issued the Opinions on Further Regulating the Profit Making Behavior of Online Live Broadcasting and Promoting the Healthy Development of the Industry.

The Opinions require that the quality and safety supervision of online live broadcast sales products be strengthened, and online live broadcast publishers and online live broadcast service institutions are strictly prohibited from using online live broadcast platforms to sell counterfeit and shoddy products; It is not allowed to promote or channel live streaming goods even if it knows or should know that the entrusting party or other third parties have illegal or high-risk behaviors; It is not allowed to attract traffic and hype through rumors, false marketing propaganda, self rewards, etc., to induce consumers to reward and purchase goods.

"Ministry of Culture and Tourism, Ministry of Public Security, Ministry of Housing and Urban-Rural Development, Emergency Management Department, General Administration of Market Supervision, Notice on Regulating Playbook Entertainment Business Activities (Draft for Comments)"

On April 1, the Ministry of Culture and Tourism announced the "Notice of the Ministry of Culture and Tourism, the Ministry of Public Security, the Ministry of Housing and Urban-Rural Development, the Emergency Management Department, the General Administration of Market Supervision, on Regulating Playbook Entertainment Business Activities (Draft for Comments)", which was publicly solicited until April 11, 2022.

According to the Notice, offline "script killing" and "secret room escape" are included in the unified supervision as new business forms of script entertainment business activities, registration and filing management are implemented, the bottom line and red line of business are clarified, and supervision during and after the event is strengthened. The Notice specifies that its registered business scope is "screenplay entertainment activities.". The cultural and tourism administrative department adopts the method of informative filing to bring it into the regulatory perspective. At the same time, the Notice clarifies the bottom line red line requirements that screenplay entertainment business units should adhere to, such as content security, minor protection, safe production, and honest management.
3. The State Administration of Radio, Film and Television and the Central Propaganda Department jointly issued the Notice on Strengthening the Management of Online Audiovisual Program Platform Game Live Broadcasting

On April 12, the State Administration of Radio, Film and Television (SARFT) and the Central Propaganda Department jointly issued the "Notice on Strengthening the Management of Online Audiovisual Program Platform Game Live Broadcasting".

The "Notice" proposes to prohibit the dissemination of illegal games on online audio-visual platforms. Various types of online audio-visual programs such as online film and television dramas, online variety shows, online live streaming, and short videos are not allowed to broadcast online games that have not been approved by the competent department, and are not allowed to channel illegal game content on various platforms through live streaming rooms or other forms.

The Notice also proposes to strictly implement the system of classified review and filing. Live streaming of overseas game programs or competitions on online audio-visual platforms (including various domestic and foreign individual and institutional accounts opened on relevant platforms) should be approved before relevant activities can be carried out.

"Notice on Launching the Special Action of" Qinglang · Rectification of Disorders in the Field of Online Live Broadcasting and Short Video "Issued by China Netcom"

On April 15th, China Netcom released the "Notice on Launching the Special Action of" Qinglang · Rectification of Disorders in the Field of Online Live Broadcasting and Short Video ". The "Notice" clearly states that the Central Cyberspace Information Office, the State Administration of Taxation, and the State Administration of Market Supervision will launch a two month special action of "Qinglang · Rectification of Disorders in the Field of Online Live Broadcasting and Short Video" from now on.

The Notice also clarified that the main tasks of this special action include strictly addressing the issue of abnormal operation of important functions, strictly addressing account management issues, strictly addressing the issue of loss of live streaming rewards, strictly addressing illegal and illegal profit-making issues, and strictly addressing malicious marketing issues.

The Ministry of Culture and Tourism has released the "Continuing Education System for Performance Brokers (Trial)"

On April 18, the Ministry of Culture and Tourism released the "Performance Broker Qualification Certificate Management System (Trial)", which will be open for comment until April 25, 2022.

The "Continuing Education System" is intended to provide that employers should ensure the right of licensed personnel to participate in continuing education, and provide necessary learning conditions and funding guarantees for licensed personnel to participate in the continuing education of performance brokers. The "Continuing Education System" also specifies that the holder of the certificate should complete no less than 20 class hours of continuing education courses through the national performance brokerage management and service platform each year starting from the year after obtaining the performance brokerage qualification certificate.

6. The State Administration of Market Supervision issues the "14th Five Year Plan" for the Development of the Advertising Industry

On April 22, the State Administration of Market Supervision issued the "14th Five Year Plan" for the Development of the Advertising Industry. The Plan sets out 10 key tasks in terms of securing political direction, maintaining correct orientation, optimizing policy supply, stimulating industrial vitality, and encouraging innovation drive to promote industrial upgrading.

In terms of improving laws and regulations and guiding normative development, the Plan proposes to vigorously promote the coordinated development of the advertising industry and the purification of the network environment, urban planning, urban security, and privacy data security. Focus on improving the user experience, and standardize the display method, display duration, display frequency, and display quantity of relevant advertisements. Standardize various advertising service providers' data processing activities, ensure data security, and protect personal privacy and the legitimate rights and interests of consumers.

7. The two associations released the "Production and Operation Specifications for TV Series and Online Drama Production Teams (Trial)"

On April 26, the China Federation of Radio and Television Social Organizations and the China Network Audiovisual Program Service Association recently released the "Production and Operation Specifications for TV Series and Network Drama Production Teams (for Trial Implementation).". The "Specifications" make clear provisions on "producer responsibility requirements, crew employment management, performers' labor remuneration, work discipline and team management, copyright and signature management," and require the crew to standardize their operations.

The "Code" focuses on: ① The crew must strictly implement national tax policies, all cast members should consciously pay taxes in accordance with the law, and the subject of withholding obligations should fulfill legal obligations such as withholding and payment in accordance with the law. ② The crew should establish a professional ethics evaluation system for the cast members. If there is conclusive evidence that the cast members violate professional ethics, they should report it to their industry associations or relevant departments Producers should consciously resist unhealthy industry practices such as unreasonable high film remuneration The production team should strictly abide by relevant national laws and regulations on the protection of the environment and cultural relics, consciously protect the environment and cultural relics, resolutely stop barbaric filming activities such as destroying the natural environment and national cultural relics, and achieve civilized filming.