Hotspot · Analysis

Internet service providers assisting in uploading popular programs constitutes infringement

On April 18, 2024, the Beijing Internet Court held a press conference on the trial of online copyright disputes related to performing arts, and released nine typical cases of online copyright disputes related to performing arts. Among them, for network service providers who provide convenience for users to upload popular programs, it is deemed as aiding infringement.

Typical significance

Currently, some platforms, in order to attract users, intentionally ignore authorization issues even when they know that using variety show content requires authorization, allowing users to upload some popular programs to the platform, and even providing convenience for users to upload. This case clarifies that the network service provider provides convenience for users to upload popular programs, which constitutes a clear or necessary knowledge of the infringement of information network dissemination rights by network users, and should bear the responsibility of assisting in the infringement. This case aims to encourage network service providers to choose a healthy and orderly operating model in their operations, reduce infringement risks, and demonstrate a judicial attitude towards protecting copyright and promoting the healthy development of business formats under new communication methods.

Basic case details

The plaintiff A is the copyright owner of a popular Quyi variety show. Defendant B provided the public with online on-demand and download services for the variety show in the "Cross Talk Selection" section of the "Cross Talk Quyi" section of its development and operation platform. Plaintiff A believes that the variety show in question was uploaded to the platform operated by Company B in the form of a collection during the hot broadcast period, and the uploaded users passed the platform's "radio anchor authentication", seriously infringing on the plaintiff's legitimate rights and interests, causing significant economic losses to Plaintiff A. They request the court to order Defendant B to compensate for economic losses of 90000 yuan, lawyer fees of 9990 yuan, and notarization fees of 10 yuan, totaling 100000 yuan.

Key points of the judgment

The software involved in the case displays user information, and defendant B has also submitted user registration information to the court. It can be determined that the work in question was uploaded by online users, and defendant B provided information storage space services for the work in question. The court comprehensively considered the operation mode of the network platform involved in the case and believed that for popular and highly watched variety shows, defendant B, as the operator of the audio platform, should recognize that it is difficult for individual users to obtain copyright authorization. However, he still provided convenience for users to upload a collection of popular works by setting up classification sections and other methods, which is subjectively flawed. And the username used to upload infringing works is itself the "Complete Collection of Crosstalk by XXX", and the uploaded content also belongs to a variety show related to XXX (a well-known cross-talk actor) that is currently popular and has a high level of attention. Defendant B not only failed to provide strict copyright authorization review, but also provided radio anchor authentication for users. They are at fault for the accused infringement behavior and should bear the liability for assisting in infringement.

Judgment result

The first instance judgment stipulates that defendant B shall compensate plaintiff A with an economic loss of 1500 yuan.

After the first instance judgment, defendant B filed an appeal, and the second instance judgment rejected the appeal and upheld the original verdict. (Source: Beijing Internet Court)

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