Hotspot · Analysis

Tiktok won the first case of unfair competition dispute over short video platform data collection

Nowadays, short videos have become the mainstream mode of communication in the new media era, and "brushing short videos" during break time has also become a choice for many people in their daily lives. Friends who like to browse short videos may find that some short video platforms have a large amount of duplicate content with other short video platforms, does it constitute infringement? As we all know, original short videos, as audiovisual works, are protected by copyright law. Using short videos without authorization from the copyright owner (short video author) violates the copyright of the short video author. So, does the large-scale display and dissemination of short videos from other short video platforms infringe on the legitimate rights and interests of short video platforms?

Recently, the Beijing Intellectual Property Court concluded the case of unfair competition between the appellant Beijing Chuangrui Culture Media Co., Ltd. (Shubao App, hereinafter referred to as "Chuangrui Culture") and the appellee Beijing WeChat Vision Technology Co., Ltd. (Tiktok App, hereinafter referred to as "WeChat Vision"), and decided to reject the appeal, uphold the original judgment, and award Chuangrui Culture to publish a statement, eliminate the impact, and compensate the WeChat Vision for economic losses of 5 million yuan. This case is the first case of dispute over unfair competition of short video platform data collection.

In this case, the court held that the dataset of short videos, user information, and user comments involved in the case is not original in terms of content selection and arrangement, and does not constitute a compilation work protected by copyright law.

However, through legal operation, WeChat Vision has invested huge human, material and financial resources to collect, store, process and transmit data from the Tiktok platform, forming a non original data collection including user personal information, short videos and user comments. The scale agglomeration effect of this dataset can bring huge economic benefits to the microbroadcast industry and form a competitive advantage in market competition. The competitive interests formed by the microblogging horizon based on the non original data set involved in the case should belong to the legitimate rights and interests protected by the Anti unfair competition Law of the People's Republic of China.

As the main operator of Shuobao App, Chuangrui Culture has taken improper measures to capture the substantive content of the non original data set in the Tiktok App, grabbed the competitive resources of WeChat, weakened the competitive advantage of WeChat, damaged consumer welfare, and destroyed the market competition order of the short video industry. The damage caused by the sued behavior is far greater than the benefits obtained by consumers and the public based on the behavior. Therefore, the sued act of Creative Culture violates the principle of good faith and business ethics, constitutes an act of unfair competition, and should bear the corresponding legal responsibility according to law.

As the first case of unfair competition in data collection of short video platform, this case clarifies the legal nature and independent economic value of non original data collection, and provides legal protection for the legitimate rights and interests formed by the collection, storage, processing and transmission of data of short video platform, which to some extent guarantees the healthy development of short video industry.

Industry · New Deal

Notice on Optimizing the Management Policy of Foreign Business Performances

On March 16th, the Ministry of Culture and Tourism issued a notice on optimizing the management policies for foreign-related commercial performances.

The Notice clearly states that after research and decision, starting from March 20, 2023, cultural and tourism administrative departments in various regions will resume the acceptance and approval of foreign-related commercial performances. The Ministry of Culture and Tourism requires all regions to continue to strengthen the review and control of commercial performance activities, urge performance organizers to implement epidemic prevention and control measures after the "Class B and Class B management", continue to promote the prosperity and development of the performance market, and better meet the spiritual and cultural needs of the people.

Regulations on the Management of Sino foreign Cooperative Production of TV Dramas (Revised Draft for Soliciting Opinions)

On March 2nd, the State Administration of Radio and Television announced the "Regulations on the Management of Sino foreign Cooperative Production of TV Dramas (Revised Draft for Soliciting Opinions)".

The State Administration of Radio, Film and Television has uniformly revised the "Regulations on the Administration of Sino foreign Cooperative Production of TV Dramas" (Order No. 41 of the State Administration of Radio, Film and Television) and the "Supplementary Provisions on the Administration of Sino foreign Cooperative Production of TV Dramas" (Order No. 57 of the State Administration of Radio, Film and Television) to form the "Regulations on the Administration of Sino foreign Cooperative Production of TV Dramas (Revised Draft for Soliciting Opinions).

The Regulations have a total of 24 articles, and the main revised content is as follows: (1) Incorporate online dramas into the management scope. （2） Deepen the reform of "streamlining management and serving the government", and continuously optimize the business environment. Reducing the requirements for the approval of Sino foreign joint production TV series projects and the application for Sino foreign assistance in production and commissioned production of TV series is to simplify the application materials for Sino foreign joint production TV series project approval, completion of film review, and Sino foreign assistance in production and commissioned production of TV series. （3） Clarify preferential policies and fully mobilize industry enthusiasm. （4） Improve management methods and clarify penalties for illegal activities.