It is nothing new for porters to be active on major audio and video platforms. There is endless chaos like “Bilibili steals YouTube, Douyin steals Bilibili, YouTube steals Douyin”. Today, it is increasingly difficult for us to distinguish who is the author of the video. original owner.
Bilibili (Bilibili) is an audio-visual social platform that focuses on user-generated content. Since its establishment, it has been criticized many times for infringing piracy and relocation of videos, and has even been sued. In fact, the interface of each video on Site B will be marked with “Reprinting without the author’s authorization is prohibited.” However, it is still unable to effectively prevent film piracy and transfer.
What kind of laws does moving violate? How can creators rescue themselves if they encounter infringement on site B? What should you pay attention to when licensing your video to others? Let this report take you through it once.
It is euphemistically called “transportation”, but in fact it is “stealing films”
On Station B, there are many channels that specialize in uploading Taiwanese YouTuber videos, such as Dcard Investigation Bureau, Haha Terrace Street Interview and other videos, which are often uploaded to Station B without editing. Although many UP owners will note “pure transfer, deleted for infringement” in the video information column, in fact, the act of transferring the video without the consent of the original author is a clear violation of copyright.
Photo Credit: Screenshot from Bilibili B Station Hahatai Street Interview and Dcard Investigation Bureau Transportation Video
Search for keywords such as “video transfer”, “YouTube transfer”, “Tik Tok transfer” and other keywords on Bilibili, and you will find many instructional videos teaching you how to download videos from YouTube, delete watermarks, and add subtitles. It even teaches you how to perform secondary editing or secondary creation without breaking the rules.
As long as the traffic is successfully transported and traffic is accumulated smoothly, the porter can open the creative incentive plan and receive profit sharing from Station B. For original authors, not only their copyrights are infringed, but their own economic benefits are also damaged.
video creatorSelling brainsThe opportunity to enter Station B was also because I was unwilling to have my video moved. Since it was not clear at the beginning how to remove the moved videos through the platform’s internal supervision mechanism, Maimao had no choice but to send a private message to the porter and request the removal of the video on the grounds of infringement. Although the video was successfully removed from the shelves, the transfer phenomenon still did not stop, so Maimao decided to adopt a dual-platform strategy and upload the video to YouTube and Bilibili simultaneously.
video creatorblack bearThey believe that there is no way to prevent the video from being moved. Even if the porter sets up the “Black Bear Bear’s Official Moving Channel”, they can only helplessly let things happen. Hei Zaixiong said that he and his fellow video creators still rely on YouTube as their main source of revenue, so they don’t care too much about transfer behavior.
What are the legal responsibilities for unauthorized removal?
No matter it isTaiwanstillChinaThe Copyright Law has been stipulated to protect the rights and interests of authors. Taking Taiwan’s laws as an example, authors who create works in the literary, scientific, artistic or other academic fields shall enjoy the moral rights and property rights of the work upon completion.
Generally speaking, the act of downloading YouTube videos and then uploading them to Bilibili involves the “right of reproduction” (called “right of reproduction” in Chinese law) that is specifically protected by the Copyright Law for copyright owners. The act of reproducing and copying videos without the consent of the author is an infringement of copyright and may result in penalties such as fixed-term imprisonment or fines.
If the video is moved and then re-edited, subtitled, translated, etc., it will further violate the “right of alteration” in the Copyright Law, and such infringements may also face criminal penalties.
Criminal liability for infringement of property rights in works is, in principle, subject to prosecution. If the author fails to file a complaint, the judicial authorities cannot prosecute or try the case. Even if the author does not pursue the case, it does not mean that the reset and modification are legal.
However, as long as the “fair use” regulations are followed, it does not constitute an infringement of copyright property rights.Article 65 of the Copyright LawThere are 4 criteria for judgment:
- The purpose and nature of the use, including commercial purposes or non-profit educational purposes.
- The nature of the work.
- The quality utilized and its proportion to the entire work.
- The impact of utilization results on the potential market and current value of the work.
Lawyer Chen Jianyou of Zifeng Law Firm told the “Critical Comment Network” in an interview that even if the source of the transferred video is stated, it does not meet the fair use because it exceeds the proportion of the used work. In addition, in practice, it will also be measured whether the infringement brings additional benefits or more exposure to the author.
As for whether the modification complies with fair use, lawyer Chen Jianyou said that usually the court will judge based on “transformative factors”, that is, whether the content of the modification creates new meaning based on the original work.
All in all, as long as it is within the scope of fair use and is not reproduced or adapted by the author, it will not constitute copyright infringement.
How do creators defend their copyrights?
Lawyer Chen Jianyou told the “Critical Comment Network” that there are basically two solutions to Taiwanese creators’ videos being moved to Chinese platforms without authorization. One is to complain to the online platform, and the other is to take legal channels to file a lawsuit in Taiwan or in China. China filed suit.
As far as the current supervision mechanism of Site B is concerned, if a user discovers that there are transferred videos on Site B, according to the reporting regulations of Site B,Grievance procedureYou must fill in the identity certificate and certificate number of the People’s Republic of China. After completing the “Qualification Verification”, you can further submit the cause of infringement and complete the report.
If we want to use judicial means to solve the infringement issue, lawyer Chen Jianyou said that if we have to go across the sea to China to file a lawsuit, it will not only delay the solution, but also be very ineffective.
However, if you file a lawsuit in Taiwan, if you win the case, you can use the court judgment to file a lawsuit with the Taiwan Network Information Center (TWNIC), a consortium under the Ministry of Digital Development of the Executive Yuan.Request “Stop Resolution (DNS RPZ)”, preventing Taiwanese users from connecting to foreign criminal websites. Although this mechanism cannot directly close websites located abroad, it can stop resolving specific domain names so that Taiwanese users cannot connect to the target IP.
Although creators can try to solve the infringement problem with the above two methods, lawyer Chen Jianyou said helplessly that when the platform’s appeal is invalid and the judicial process is inactive and time-consuming, unless there are huge commercial interests involved like the film company, it will not be possible to Generally speaking, for small and medium-sized creators, almost no one will actually file a complaint, leaving this issue mostly undiscussed.
Photo Credit: Shutterstock / Dazhi Image
How to deal with film piracy without taking legal measures?
YouTube creator Chaji released a video to share in 2020Tricks to deal with film thievesas long as the video is embedded with an inconspicuous “insulting China” watermark (such as: Xi Jinping Winnie the Pooh), and clickKing Potter’s approachto the Cyberspace Administration of China “Illegal and harmful information reporting center“Report anonymously and submit a screenshot with a watermark that insults China. Soon, the video will be deleted.
By randomly inserting watermarks with low transparency, the anti-theft effect can be achieved without affecting the viewing experience. Times have changed, but removal and theft of films at Bilibili are still common. Is the method of forking chicken still effective?
The game strategy channel host “Mumbaqimumu87” not long ago〈I sent the film thief to a labor camp〉This video reveals that even though his channel is not large in scale, he is still being targeted by film gangsters. Each video that was painstakingly produced was completely transported, edited twice, and even the copywriting was plagiarized.
What makes Mumbachi the most intolerable is that the film thief directly impersonated Mumbachi’s identity and used the video to submit to the “Genshin Impact UP Master Incentive Program” to obtain game rewards. Therefore, Mumbaqi decided not to settle the matter quietly, “If there are extraordinary problems, extraordinary measures must be used.”
Mumbachi remembered the anti-transportation method provided by the chicken, and embedded a watermark that insulted China in the video, and then reported to the Cyberspace Administration of China that “Illegal and harmful information reporting center” Submitting a political report, as long as it meets the grounds of “attacking the party and state systems and major principles and policies”, “undermining national unity and territorial integrity”, and “damaging the national image, honor and interests”, the removed videos can be successfully removed, and even Suspend the porter’s account.
Sure enough, within four hours of completing the report, the porter’s account was blocked. Mumbachi appealed that the removal behavior must not be tolerated, otherwise the porter may impersonate the name of the original author, not only move the video, but may also make remarks that are irrelevant to him, with disastrous consequences.
existIllegal and harmful information reporting centerAlthough there are also infringement reports on the platform, in fact, the platform only handles three categories: personal privacy leakage, insult and slander, and slander. Intellectual property rights and piracy infringements are not within the scope of acceptance, resulting in the dilemma of creators being unable to report for many years.
What should you pay attention to when authorizing video reprinting?
black bearDuring the interview, it was mentioned that there are still relatively few Taiwanese YouTubers operating Bilibili on their own, but they will receive more or less cooperation contacts from Chinese internet celebrity marketing companies, such as authorizing video transfers or authorizing assistance in operating Bilibili accounts. After obtaining authorization, the internet celebrity marketing company may first review the video and edit prohibited clips, saving the creator the cost of spending time and energy managing Bilibili channels.
Regarding this opportunity, lawyer Chen Jianyou said, “This is a good opportunity, but you must start carefully.” He suggested that when creators discuss licensing cooperation, both parties should confirm the scope of licensing, calculation of profit sharing, and dispute resolution mechanism. , like where to go for arbitration and filing a lawsuit. When making a contract, both parties must pay attention to these details in order to reduce subsequent risks and avoid too many complicated problems.
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Editor in charge: Ding Zhaojiu
Verification editor: Weng Shihang
2024-03-28 02:01:44
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