[Zi Niu Toutiao] Tan Qiao responded to the show to be removed from the shelves: I don’t know the plaintiff company; the TV station declares that rights protection is not targeted at individuals

Otherwise, the right to investigate legal responsibility

On July 10, Tan Qiaofa, the host of the "Internet Red" traffic law "Tan Tan Traffic", said that he suddenly heard that the program of the "Public Welfare Law has been unpaid for the public welfare for more than a decade" that he hosted was completely offline and may face huge amounts of huge amounts. compensation. From that night, the news caused heated discussions on the Internet. The topic "Tan Qiao said that Tan Tan's traffic video was removed" and "Tan Qiao needed to prove that he was the author of Tan Qiao's hand" rushed on the hot search.

The Yangtze Evening News reporter contacted Tan Qiao himself. He said that he has not received a prosecution for the time being, and he did not know the existence of the plaintiff company in the program he recorded for many years. At present, the company has filed at least 60 infringement lawsuits. On the evening of July 11, Chengdu Radio and Television issued a statement on this incident, saying that the power of the power of the rights of the rights only targeted the company's operating entities that did not profit without permission and did not target any individual.

"Tan Tan Traffic" video was removed from the shelves

The complaint company has filed dozens of lawsuits

"I am filming in the field now. Many enthusiastic netizens and I report that" Tan Tan Traffic "is facing the entire network. The explosive model has also been gradually complained to get off. "On July 10, a video released by Tan Qiao, the host of" Tan Tan Traffic ", caused a fierce discussion among netizens. The topic" Tan Qiao called Tan Tan's traffic video "Tan Qiao needs to prove that he is the author of Tan Qiao's hand" rushed on the hot search. During the broadcast of the "Tan Tan Traffic" column, Tan Qiao was the police of the Propaganda Office of the Transportation Administration of the Chengdu Public Security Bureau. He said in Weibo video that "Tan Tan Traffic" has been filmed by himself from March 28, 2005, and has been public welfare for more than ten years. Because the original intention is to better publicize the law popularization, "So whether it is the only creator or the recorder of the video, it has never advocated the copyright to facilitate the second creation and editing of the people in good faith."

Tan Qiao received the prompt information from station B showing that the video was removed from the shelves because the platform received the right holder Chengdu Tourism Culture Communication Co., Ltd. on the infringement appeal, and the offline was offline in accordance with its requirements and the copyright law and other relevant laws and regulations. deal with.

According to the information of Tianyancha, since April 2022, Sichuan Swilite Culture Communication Co., Ltd., as the plaintiff of the case, has sued more than 20 companies on the grounds of infringing the right to the information network of the work. Among them, there are many large Internet platforms, such as Youku Information Technology ( Beijing) Company, Migu Video Technology Co., Ltd., Beijing iQiyi Technology Co., Ltd., Shanghai Kuanyu Digital Technology Co., Ltd. (Bilibili), Beijing Micro Broadcasting Vision Technology Co., Ltd., etc. right". At present, the Sky Eye Inspection can inquire about 60 public announcements, and the courts are all the People's Courts of Chengdu District, Tianfu New District, Sichuan.

The Yangtze Evening News reporter noticed that in addition to questioning the purpose of such "batch lawsuits", netizens also noticed the identity of the plaintiff company.

Public information shows that Chengdu Tourism Culture Communication Co., Ltd. was established on March 16, 2018 with a registered capital of 500,000 yuan. At present, the two shareholders of the company are individuals, with a shareholding ratio of 52%and 48%, respectively, and the number of insureds is displayed as 0. How can such a company obtain the copyright authorization of "Tan Tan Traffic", which has aroused discussion among netizens.

Public information of Chengdu Tourism Culture Communication Co., Ltd.

The reporter searched the keyword "Tan Tan Traffic" at station B. The result was mainly published on the video on "Chengdu TV Watching". In addition, there were some related videos post -edited by the UP master. Essence

Dialogue Tan Qiao: No agreement is signed,

The program should be a news column

On July 11, the Yangtze Evening News Zi Niu reporter contacted Tan Qiao. He told reporters that when filming the "Tan Tan Traffic" column, there was no special production company, that is, a TV station photographer followed him to shoot his law enforcement. In the process, go back and edit the material. "Then it is broadcast on TV at night, it's that simple, to put it plainly, it is a news column." Tan Qiao is recording the show

Tan Qiao said that he has not signed contracts and agreements related to the program with any unit and individual. At the same time, he said that he did not know whether the TV station and the traffic police department signed a relevant agreement. In his opinion, "Tan Tan Traffic" was later liked by so many people, causing such a big response, because of his personal interesting law enforcement style. "I integrate my wisdom and creativity and make chatting more interesting."

He told reporters that more than ten days ago, he received a private message from some of the UP owner of station B, saying that the relevant video of "Tan Tan Traffic" he made was complained to the shelves, and asked if it was what it did. Tan Qiao didn't know what happened at that time, and then he found that the video related to "Tan Tan Traffic" posted on his account was also "infringed" and was removed from the shelves.

Under Tan Qiao’s personal account, the content of "Tan Tan Traffic" was also removed from the shelves

In May 2018, Tan Qiao stopped hosted "Tan Tan Traffic" for personal reasons, and the show was eventually stopped. After that, he resigned as a public official, registered his personal account on various online social platforms and video platforms, and established Tan Qiao Studio to publish videos and text content. Under the co -creation of his and netizens, the show burst again.

"Now the platform allows me to prove that I am the copyright owner of the work. As the author of the video, what should I get?" Tan Qiao believes that after the "Tan Tan Traffic" became popular again, he was stared at his commercial value Essence

Tan Qiao said that the relevant lawsuit is about to open in the middle of this month. At present, the platform is actively negotiating the matter. After he is worried that the operating company will suck major platforms, the next step will add the publisher of the relevant videos to the defendant.

In the interview, Tan Qiao repeatedly emphasized that the original intention of this show was to let the safety of transportation really penetrate into everyone's hearts, and encourage everyone to understand traffic laws and regulations through it and let everyone learn and understand.

A WeChat video was sued for compensation of 10,000 yuan

Litigation materials display authorization process

On July 11, a reporter from the Yangtze Evening News Zi Niu reported in the case in the case of the "Tan Tan Traffic" series of cases. The company received the prosecution show that the litigation request of the operating company was to order the defendant to stop the infringement and delete the infringement video; ordered the defendant to compensate the plaintiff's economic loss and the reasonable expenditure expenses incurred by the plaintiff for the stop of the infringement. (Among them, the infringement compensation was 7,800 yuan, the lawyer fee was 2,000 yuan, and the certificate fee and the technical service fee were 200 yuan).

Prosecution of Chengdu Tourism Culture Communication Co., Ltd.

The legal representative of the complaint company told reporters that his company was sued because in September 2021, a video called "Tan Tan's Traffic Scene Collection" was reproduced in the WeChat public account in September 2021. Due to the distance and the epidemic, the company submitted the defense and did not appeal in court. Before receiving the court's pass, the other party did not contact him to delete the video, and did not propose a mediation after entering the lawsuit.

She said that she originally believed that "Tan Tan Transportation" was a television -based public welfare program. Everyone's re -creation and reposting had a certain publicity role in traffic regulations. They did not expect that the copyright of the show would be awarded a private company.

So, how does the operating company get the copyright of "Tan Tan Traffic"? The general process can be seen from the prosecution and evidence from the company.

In the facts and reasons of the prosecution company, the operating company stated that on January 30, 2022, Chengdu Radio and Television issued the Copyright Statement to declare that it legitimately positive possession All copyrights of the board (version) block. The current Chengdu Radio and Television Station will give the plaintiff's property rights to the plaintiff, and the plaintiff shall filed a lawsuit against the property rights infringement before and after the author authorized by the case involved in his own name, in order to investigate the legal liability of the infringer and have the right to obtain the compensation or the compensation or the resulting compensation or the resulting compensation or compensate.

In the Chengdu Radio and Television, which is submitted by the operating company, the "Authorization Letter" of the Chengdu Radio and Television states that the right to authorize the property rights (including but not limited to the right to replicate, the right to issue, the right to the lease, the right to exhibition, the right to perform, the radio, the radio, the radio, the radio, the radio, the radio, the radio, the radio, the radio, Rights, information network dissemination rights, setting rights, adaptation rights, translation rights, assembly rights, etc.), and the right to transfer the above rights to distribute the above rights to third parties.

Yangtze Evening News reporters noticed that the "Authorization Book" stated that "Special explanation is that the above rights include rights protection rights. Among them, rights protection rights are for the various infringements of the above rights (including but not limited to: All of the violations of licensed works, all of the licensed works The infringement of fragments, clips, interception of single images, and criminal adaptation of works), the authorized party has the right to send a letter, complaint, litigation, criminal measures, and compensation for compensation in their own names.

The "Authorization Letter" clarifies the period of authorization, with the authorization period from September 17, 2021 to September 16, 2026.

On July 11, the Yangtze Evening News Zi Niu Journalist tried to contact the operating company to understand more about authorization and litigation, but he had not been able to connect his calls many times. Lawyer: The copyright of the program should be owned by the TV station

The law of law has public welfare attributes.

Lawyer Mao Hefeng, a senior partner of Jiangsu Zhibang Law Firm, believes that Tan Qiao's recording of the program is to complete the job behavior of completing the work tasks of Chengdu Radio and Television and the traffic police team. Below, the copyright of the show should be enjoyed by the TV station. Therefore, after obtaining a complete and legal authorization of the TV station, the plaintiff may file a copy of copyright infringement disputes.

As for whether Tan Qiao proposed in the video whether he will bear criminal responsibility, Lawyer Mao Hefeng believes that the crime must be subjectively for profit, and objectively need a threshold for the number of communication scope.

The Yangtze Evening News reporter noticed that at present, there are many similar transportation programs in cooperation with TV stations and traffic police departments across the country, which are generally welcomed. So, how should such a case of violations of programs be avoided?

In this regard, Ding Jinsun, a lawyer of Shanghai Dabang Law Firm, believes that first of all, relevant personnel and companies should take the initiative to understand the copyright law and respect relevant regulations. At the same time, such TV programs with official investment and executive duties should not be used by a private company to make money. To a certain extent, more people should be used reasonably to reflect their public welfare attributes and play a better one. The effect of the law.

Chengdu Radio and Television Statement:

For the company that is only profitable for improper profit

On the evening of July 11, Chengdu Radio and Television issued a statement on the copyright of the "Tan Tan Traffic" program.

According to the statement, according to the Copyright Law of the People's Republic of China and related judicial interpretations, Chengdu Radio and Television Station is the copyright owner of the "Tan Tan Traffic" program. Since March 2005, under the guidance of the Chengdu Public Security Bureau Transportation Administration, Chengdu Radio and Television's urban life channel planning, director, production and broadcasting "Tan Tan Traffic" program, the program is by the Chengdu Public Security Bureau Traffic Management Bureau Tan Qiao, who assigned the then traffic police, presided over the scene. The program stopped updated in May 2018, and Tan Qiao resigned in August 2021.

Chengdu Radio and Television has the right to defend rights in accordance with the law on the Internet without permission to release the relevant videos of "Tan Tan Traffic". Relevant rights protection work is authorized to Chengdu Tourism Culture Communication Co., Ltd.

The statement stated that the rights protection work carried out by Chengdu Tourism Culture Communication Co., Ltd. only targets any individuals, nor does it have to "claim 10 million" for individuals. Rights protection is carried out in accordance with relevant laws and regulations.

Zi Niu Journalist ｜ Wan Chengyuan

Zi Niu News Trainee Reporter ｜ Sun Qingyun Xu Shao Da

Edit ｜ Zhang Bingjing

Editing ｜ Wan Huijuan

Editor ｜ Chen Dichen

Video Picture Source: Provided by the respondent

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