Hot spot · analysis

Tiktok and iQiyi turn enemies into friends and reach cooperation

Hot spot of current affairs

On July 19, iQIYI and Tiktok Group announced that they had reached a cooperation, which would focus on the secondary creation and promotion of long video content.

Through this cooperation, iQIYI will authorize Tiktok Group to create short videos of long video content in its content assets that have the right of information network transmission and sublicense, including many high-quality dramas such as "Mist Theater". In the future, users of Tiktok Group's Tiktok, Watermelon Video, Today Toutiao and other platforms can re create these works.

This means that after a long and fierce copyright dispute, the long and short video platforms have turned enemies into friends and officially launched a new win-win cooperation model.

Legal Analysis

Seeing this, one can't help but recall that in previous years, there has been constant friction between long and short video platforms due to copyright issues related to film and television works. Various long and short video platforms have been arguing about whether "interpreting and creating short videos by mixing and cutting them into short videos" is an infringement, constitutes a reasonable use, and reached a peak last year. On April 9, 2021, more than 50 film and television companies, five major long video platforms, and film and television industry associations issued a joint statement calling on producers and operators of short video platforms and public accounts to refrain from editing, slicing, transporting, and disseminating relevant film and television works without authorization. On April 23, 2021, more than 70 film and television media units and more than 500 artists launched a joint initiative to advocate that short video platforms immediately clean up unauthorized video content such as cutting, moving, quick viewing, and editing.

Article 24 of the Copyright Law provides for a total of 13 situations of fair use. In the case of fair use, the use of a work may not be permitted by the copyright owner, and no remuneration shall be paid to the copyright owner. However, the name of the author or the name of the work shall be specified, and it shall not affect the normal use of the work, nor shall it reasonably harm the legitimate rights and interests of the copyright owner.

Currently, netizens who support mixed editing (interpretation) of short videos often cite the provision of "reasonable use" in Article 24 (2) of the Copyright Law: "For the purpose of introducing or commenting on a certain work or explaining a certain issue, appropriate reference should be made to other people's published work in the work." They believe that many mixed editing of short videos is for the purpose of introducing or commenting on a certain film and television work, with only a few minutes of introduction Commentary does not affect the normal dissemination and broadcasting of film and television works, but can also have a promotional effect on mixed and cut film and television works. Not only does it not infringe upon the legitimate rights and interests of the copyright owner, but it is beneficial to the copyright owner. Therefore, it does not constitute an infringement and belongs to the category of reasonable use.

However, this view is not comprehensive, and whether mixed video clips belong to reasonable use cannot be generalized. It needs to be analyzed on a case by case basis.

1. Some mixed short clips clip the plot or image of a film and television work in their own short videos, with their own commentary, to introduce or evaluate the film and television work, explaining a certain feature of the film and television work (such as superb shooting skills, aesthetical photography, satirical absurdity of the plot, vivid human and material images, etc.). The film and television work does not occupy a long time in the entire short video, mainly to enable the audience to understand the evaluation object, A significant portion of the content belongs to their own creations, and there is a high probability that such short videos will be identified as "appropriately referenced" and likely fall within the scope of reasonable use.

2. Some mixed and short videos are only designed to enable the audience to quickly understand the main characters, general plot, etc. of the film and television work, reducing the content of the film and television work from a few hours to a few minutes. All or most of the content in the short video is the content of the film and television work, and even if there are a few lines of narration that only introduce the film and television work from the beginning to the end, it is difficult to identify this type of short video as "appropriate citation", Obviously, it does not fall within the scope of reasonable use.

Currently, most of the mixed video clips on the short video platform belong to category 2, which may constitute an infringement of the right to adapt the film and television works, the right to information network dissemination, the right to modify, and the right to protect the integrity of the works. On the one hand, the cooperation between iQiyi and Tiktok Group will resolve the copyright conflict of short and long videos, on the other hand, it will also jointly promote the healthy development of the film and television industry and the secondary creation of short videos.

Industry · New Deal

1. Compliance Guidelines for Shanghai Live Online Marketing Activities

On July 8, 2022, the Shanghai Municipal Bureau of Market Supervision and Administration issued the "Compliance Guidelines for Shanghai Online Live Marketing Activities", which consists of five chapters. It is clear that live streaming marketing platforms should establish a blacklist system for anchors, and should not require other operators to sign "minimum price agreements" or other unreasonable and exclusive mandatory provisions. It is not allowed to fabricate "the lowest price in the entire network" or "the lowest price in history" as live streaming selling points. At the same time, the guidelines clarify the responsibilities and obligations of live streaming marketing platforms, platform operators, live streaming room operators, anchors, and anchor service organizations in online live streaming marketing activities, in response to issues such as speculation, false advertising, and mandatory "minimum price agreements" in online live streaming marketing activities.

"Notice of the State Council on the 2022 Legislative Work Plan"

On July 14, 2022, the General Office of the State Council issued the "Notice of the State Council on the 2022 Annual Legislative Work Plan" to formulate and revise the administrative regulations, including the "Regulations on the Administration of Network Data Security", which was organized and drafted by the Office of Network Information Technology.

The "Regulations on the Administration of Network Data Security" aims to regulate network data processing activities, protect the legitimate rights and interests of individuals and organizations in cyberspace, and maintain national security and public interests. On November 14, 2021, the National Internet Information Office issued the "Regulations on the Administration of Network Data Security (Draft for Comments)" to solicit public opinions.

3. Regulations on the Management of Internet User Account Information

The "Regulations on the Management of Internet User Account Information" issued by the National Network Information Office shall enter into force as of August 1, 2022. The Regulations clarify the specifications for account information management, requiring Internet information service providers to fulfill the main responsibility for account information management, and to provide professional personnel and technical capabilities appropriate to the scale of the service; Establish, improve, and strictly implement management systems such as authentic identity information authentication, account information verification, information content security, ecological governance, emergency response, and personal information protection; Improve the mechanisms for accepting, screening, handling, and feedback complaints and reports; Establish and improve the credit management system for Internet user accounts; Take corresponding measures to handle illegal registration and use of account information.