Judged!IQiyi sued a platform short video infringement

Modern Express News (Reporter Zhu Yamun Run) In recent years, short video platforms have attracted widespread social attention on the issues of editing and communication of film and television works. In March of this year, the People's Court of Binhu District of Wuxi City faded Beijing iqiyi Technology Co., Ltd., Beijing Eki Art Technology Co., Ltd., Beijing's information technology Co., Ltd., and China Communications Co., Ltd. Wuxi Branch infringed on the information network dissemination rights dispute over the work. The case was made.

Modern Express reporters were informed that iQiyi sued to Binhu Court of Wuxi City, saying that it had the right to spread the TV series "Old Nine Gates" in the country. After investigation, it was found that there were a large number of infringement video clips about the TV series "Old Nine Gates" in a well -known short video platform APP. The platform knows that the infringement content involved in the case is still available. And download service.

After investigation, Beijing Technology Co., Ltd. (hereinafter referred to as a short video platform company) and a Beijing information technology Co., Ltd. (hereinafter referred to as an information technology company) is an operator of a short video app. China Communications Co., Ltd. Wuxi City Branch (hereinafter referred to as a communication company in Wuxi). The above -mentioned behavior of a short video platform company and an information technology company diverted the viewing users of the "iQiyi" platform, which seriously infringed its legitimate rights and interests. Ask a short video platform company and an information technology company to immediately delete the indigenous infringing video in a short video platform app; a communication company in Wuxi immediately stops the infringement and deletes the infringing video in the online server; a short video platform company company A total of 1.95 million yuan for the financial loss of an information technology company and a communication company in Wuxi and the reasonable expenses to stop the infringement payment.

A short video platform company argued that it had not implemented the infringement. The infringement video was uploaded by the user on its own, and it did not edit the video content. A short video platform company has an average of hundreds of millions of users per day, and it is difficult to review whether a large number of videos include the content of the work infringement in the video sharing platform. In addition, the amount of compensation claimed by iQiyi is too high.

A certain information technology company said that it is not an operator of a short video platform app, and only provides information storage services, which does not constitute infringement. A communications company in Wuxi argued that it should not bear the responsibility of "notification+deletion" as a network access service provider, nor can it be targeted to delete or disconnect some specific video connections.

The court trial believes that the short video of "Old Nine Gates" appearing in a short video platform APP is not a drama review, but a concentrated explanation of the specific plot of the TV series "Old Nine Gates", which has exceeded the scope of reasonable use and is an infringement video. A communication company and an information technology company in Wuxi provide basic network access, automatic transmission, and automatic storage for the video content in a short video platform app. It has no subjective fault to the infringement behavior and should not bear the joint infringement liability.

A short video platform company actively selects, organizes, and classified various hit film and television works in accordance with the topic, content, and recommend the infringing video involved in the case by setting up video classification, intelligent index, topic editing. In 2020, but it is not in the popular film and television drama to be regarded as "hit film and television works". The TV series "Old Nine Gates" has a high reputation. Besides Including the TV series "Old Nine Gates" involved in the case, it can be determined that a short video platform company constitutes "should be known". Before iQiyi has notified a short video platform company to delete the infringing works involved in the case, and provides preliminary evidence and infringement work details. A short video platform company has not deleted it. It can be determined that a short video platform can be determined The company constitutes "knowing". Therefore, there are subjective faults in a short video platform company, which should help the infringement information network transmission of the infringing video, and should bear the liability of infringement.

Regarding the amount of compensation, the court combined with the popularity of the work, the infringement plot, and the scale of infringement, etc., and determined that the company's economic loss was 1 million yuan for the economic loss of iQiyi company, and the reasonable cost was 14,4200 yuan. A few days ago, the case was maintained by the second instance of the Wuxi Intermediate People's Court, and the judgment was effective.

The Binhu Court of Wuxi City stated that the "Internet Information Service Algorithm Recommendation Management Regulations", which was implemented from March 1, 2022, clearly stated that the "algorithm recommendation technology" refers to the use of generating synthetic categories, personalized pushes, sorting selection classes, retrieval filtering filtering Class, scheduling decision -making and other algorithm technologies provide information to users. Strengthening review and deleting infringement videos may affect the adhesion and cut traffic of the short video platform user, and cause profits to decline. With the continuous approach of the current society to artificial intelligence, the application of algorithm recommendation technology in the video industry will only become wider and deeper. The algorithm recommendation service provider should take the higher competitive advantage brought by the algorithm recommendation. Pay attention to obligations, adopt effective measures to actively regulate and prevent infringement, rather than reasons for "technical neutrality" as a reason for exemption.

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