Well -known programs have been removed, or face tens of millions of compensation!The company launched 17 years ago for the 4 -year company to infringe?

Because of the characteristics of the programs close to the public and the characteristics of witty and humorous, the program "Tan Tan Transportation" hosted by Tan Qiao, the Chengdu traffic police, is well -loved by the audience. The original videos and various secondary creative videos spread on the major video website platforms. However, Tan Qiao himself was in trouble.

On the afternoon of July 10, Tan Qiao released a Sina Weibo saying that "Tan Tan Traffic" was completely removed and may face huge compensation of tens of millions of yuan. A stone stirred up thousands of waves, and related topics quickly rushed to Sina Weibo hot search and occupied multiple entries. Many netizens almost supported Tan Qiao. So, what was the case that Tan Qiao encountered?

Tourism company for dense prosecution

After the incident, Tan Qiao accepted some media interviews, saying that it was unclear about the specific cases. Only the relevant company should ask the company to ask for a video of his video on the reason for intellectual property rights. It is reported that it is Chengdu Tourism Culture Communication Co., Ltd. Tan Qiao said at the same time that the reason why he posted a Weibo that faced tens of millions of yuan in compensation. In addition to the infringement of his infringement, the other reason was that some of the originally talked about business cooperation may It was unable to perform normally by being removed from the shelves and the following legal lawsuits.

Jiefang Daily · Shangguan News reporters inquired about public information and found that the operating company was established on March 16, 2018. It is registered in the position of 500,000 yuan in registered capital in Zhengxi Street, Huayang Street, Tianfu New District, Chengdu City, Sichuan Province. The legal representative is Zhang Yuhang. The business scope includes intellectual property services, Internet information services, etc. According to the company's filing information, from April 14th to June 17th this year, the company suddenly filed 98 lawsuits to the court. The defendants were almost all well -known Video websites, the cases are all disputes over the infringement of the information network dissemination of the work. At present, the company has not found the company's prosecution of Tan Qiao's filing information.

It should be noted that public information shows that the company only applied for a "surgeon" trademark in June this year, and it is still under review and has not held other registered trademarks. According to the current information analysis, some people in the legal community pointed out that the operating company requested the video to remove the shelves. The biggest likely was that after Tan Qiao left his job, he continued to spread the "Tan Tan Traffic" on his personal account, infringing the company's copyright.

Copyright belonging is the key issue

"Tan Tan Traffic" is a program hosted by Tan Qiao himself. It was broadcast in 2005 and was suspended in 2018. The operating company was only registered in 2018. Coupled with a large number of similar lawsuits, many people questioned that the operating company was deliberately "touching porcelain."

However, dare to ask the video to get off, indicating that the operating company believes that he does have the copyright of "Tan Tan Traffic". Therefore, the key point of the incident is to clarify the ownership of copyright. According to Tan Qiao, when he produced "Tan Tan Traffic", he did not sign a commercial contract or agreement with any individual or institution. The video photographer was just a photographer, "the original creator is my Tan Qiao himself."

However, just like the actor starred in the movie and TV series, but the copyright of the movie and TV series is owned by the product, the copyright of "Tan Tan Traffic" may not belong to Tan Qiao himself.

Should the camera reporters participating in the shooting be regarded as a co -creator, and did the TV station that packed the program in the program also enjoys copyright? The copyright law clearly stipulates that the works created by natural persons to complete the work tasks of the legal person or illegal persons are the work work, and generally the copyright belongs to the author. However, the jobs created by the staff of the newspapers, journals, news agencies, news agencies, radio, and television stations shall be enjoyed by the units except for the signature rights.

In addition, who was originally planned by this show, what role did Tan Qiao play in it? If Tan Qiao is just a host or guest of the show, then there is no doubt that the program copyright should be owned by the TV station. Even Tan Qiao himself has no right to use it for commercial purposes.

From the above problems, it can be seen that the problem behind the "Tan Tan Traffic" may not be as simple as netizens. In addition, the time in time does not affect the changes in copyright ownership, and the operating company is likely to legally obtain the copyright of "Tan Tan Traffic" by purchasing or transferring.

Tan Qiao also acknowledged that who is currently the copyright party, or who has the right to have a proportion of equity, and the authority needs to be determined.

Second creation or infringement

At present, Tan Qiao's "Tan Tan Traffic" uploaded by Tan Q's personal account is no longer visible, and a large number of secondary works have been removed. However, the dozens of "Tan Tan Traffic" uploaded by the official account of Chengdu TV can still watch it normally.

In this regard, Tan Qiao said in a video recorded that "Tan Tan Traffic" is a public welfare program with news communication attributes. Numerous netizens have carried out secondary creations for more than ten years to allow the traffic safety knowledge promoted in the show The more spread, the more widely spread, so the recorder of him and the video "has never advocated the existence of the so -called copyright."

In addition to the copyright owner's initiative to abandon the relevant rights, my country's copyright law also stipulates that a variety of cases that can use other people's works without the permission of the right holder, which includes the works published for personal learning, research or appreciation, and use it. Introduce, comment, or explain a certain problem, appropriately quote the works published by others in the work.

The second creative work is uploaded on commercial websites such as station B. From the perspective of judicial practice, this "exemption" clause is often not applicable.Considering that Tan Qiao himself does not necessarily have the copyright of his works, these second -time works are more likely to involve infringement.After receiving the notice, the video website chooses to remove the shelves to avoid disputes from being affected by themselves.Tan Qiao mentioned Li Ziyi when he posted a Weibo.To some extent, the two did have similarities, had excellent video content, and fell into copyright issues and even faced huge claims.After the incident, even if the ownership of the copyright has not been clarified, they still receive the support of the majority of netizens.As an ordinary audience, we may not know much about specific legal knowledge. The reason why everyone supports strong protection of intellectual property is to hope to see more exciting original works.

- END -