Who is Tan Tan Traffic?

Author:Look at the think tank Time:2022.07.14

"To Erxian Bridge", "Walking into Hua Avenue", "I only pull a little" ...

Many people may have never been to Chengdu, but they may not be unfamiliar with Chengdu's "Erxian Bridge", and even know that going to Erxian Bridge will become Hua Avenue.

All of this must be attributed to a local well -known traffic regulations "Tan Tan Traffic" in a well -known traffic regulations in Chengdu. Although "Tan Tan Traffic" has been stopped for nearly four years, the advent of the short video era has made it reborn and repeatedly boarded the hot search.

Because of the grounding style and the humorous and humorous way of Police Tan Qai Queen, "Tan Tan Traffic" is loved by countless netizens. More than 10,000 netizens on Douban gave a high evaluation of 9.5 points, which can be called the "ceiling" of domestic law programs.

However, such a program that is loved by netizens has recently encountered trouble. Tan Qiao may not expect that when Tan Tan Traffic appeared on the hot search again, he appeared as an "infringer".

On July 10, the host of the "Tan Tan Traffic" section Tan Qiao posted Weibo that he had encountered rights protection of third -party companies, facing all the programs to remove and huge claims.

It is understood that it is Chengdu Tourism Culture Communication Co., Ltd. Tianyancha shows that the company has been repeatedly used as plaintiffs in the past to violate the dispute over the communication right of the work information network. Netizens questioned that the operation was a "leather company" that was maliciously touched.

Lawyers said that from a legal perspective, if the Chengdu Tourism Company did get the authorization of Chengdu Radio and Television, it would be difficult to say that its rights protection behavior was "the behavior of the abuse of intellectual property rights." However, for such influential public welfare law programs, if they are removed from the shelves or even facing huge compensation, they also have the original intention of the legal property legal system.

From this perspective, this kind of rights protection is not worth advocating.

On the evening of July 11, in response to "Tan Tan's traffic all over the shelves" and "Tan Qiao was claimed to be tens of millions of yuan", the copyright cities of the "Tan Tan Traffic" program responded to a lawyer's letter.

The content of the lawyer's letter shows that Chengdu Radio and Television authorized the relevant rights protection work of "Tan Tan Traffic" to Chengdu Tourism Culture Communication Co., Ltd. For companies that have not made improper profits without permission, they do not target any individuals, let alone "claiming tens of millions" on individuals.

Wen | Lian Weimin

This article is reproduced from the WeChat public account "Phoenix Network Finance" (ID: Finance_ifeng). The original first was released on July 12, 2022. Push? ", Does not mean looking at the view of the think tank.

I can't see "Tan Tan Traffic" again in the future?

Following Li Ziyi, Tan Qiao, the host of "Tan Tan Traffic", also sighed "the capital is really a good means".

On July 10, Tan Qiaofa said on Weibo, "Tan Tan's Transportation was fully offline and may face tens of millions of compensation ... Your Tan Sir I might have lost his pants in the end. ","

One of the two pictures in the Weibo picture is the screenshot of Li Zizhen's comments "It has been preserved for the lawyer, it's terrible! Capital is really a good means!"

Why did Tan Qiao make such a sigh? In his knowledge of accounts, Tan Qiao put forward his own views on the copyright issues, business issues, and practical significance of "Tan Tan Traffic".

Tan Qiao said that as the sole creator, he has never subjectively wanted to monetize and make profits through his original content in the video; and as a video shooting, he has always used the public welfare attributes of "Tan Tan Traffic" and "Officer Tan". Investment and project activities.

Regarding his own encounter, Tan Qiao said that he was ready to contact Teacher Luo Xiang, and said: "I hope that the big pans in the legal community can come out and talk, the more the truth is, the more clear the truth, and the more the truth is. It is very unreasonable, unreasonable, and illegal to start profitable and began to make profits with video. "

It is understood that "Tan Tan Traffic" is a column of the "Red and Green Lights" program of Chengdu Radio and Television. In the thirteen years of the broadcast (2005-2018), many classic paragraphs have been created. After spreading the network of enthusiastic audiences, it attracted the attention of the country.

A response from the Chengdu Public Security Bureau to some netizens mentioned that "Tan Tan Traffic" was jointly launched by the Chengdu Public Security Bureau Traffic Police Division and Chengdu TV Station Third Channel. Tan Qiao, a police officer of the traffic police detachment, was chaired, and the staff of the TV station followed the shooting and carried out post -production.

Many people think that it is Police Officer Tan's humorous and humorous hosting style that makes this show continue to be hot. This show is considered like Li Boqing's dialect, as a microcosm of Chengdu's manner. After short video dissemination, it is loved by netizens across the country.

Police officer Tan, who is popular with the majority of netizens, is now accused of "infringement" programs. He may also face huge claims and "prison disasters". Many netizens felt unable to understand this and said, "This company that is nauseous to touch porcelain supports Police Officer Tan!"

Who is the behind -the -scenes push of Tan Qiao's "infringement"?

So, why is a public welfare transportation program that is in the controversy of "infringement" and "claims"? It is understood that it is Chengdu Tourism Culture Communication Co., Ltd. The information of Tianyancha shows that Chengdu Tourism Culture was established in March 2018. It used to use it as a tourism (Chengdu) Education Management Co., Ltd., and the legal representative was Zhang Yuhang, and the other holder was Qiu Jian. The registered capital is 500,000 yuan, and the existing intellectual property rights are only one of the "operating" trademarks in one registration application.

Tianyancha information also shows that the company has been repeatedly used as plaintiffs in the past, and filed a lawsuit with violation of the dispute between the communication right of the work information network. Tencent and other companies.

Some netizens searched the real -view map of Chengdu Tourism Culture Communication Co., Ltd. according to the registered address, and did not find the company. In addition, industrial and commercial information shows that the company's actual number of insured is zero.

Therefore, many netizens questioned that this may be a "leather company" that touched porcelain. Many netizens said that "cannot condone this kind of company", "the power of capital again", "the law is used to defend human rights, not for drilling loopholes."

On the afternoon of July 11, the reporter also obtained a document entitled "Planning Planning for Copyright Services on the Copyright Services of the" Red and Green Lights "column of Chengdu Radio and Television" (later referred to as "Planning Plan"). The setting of this document is the stamp of Chengdu Tourism Culture Communication Co., Ltd., the date of the settlement is July 9, 2021.

In the "Planning Plan", Chengdu Switching said that he hopes to negotiate copyright services with Chengdu Radio and Television Station. The cooperation method is to authorize the copyright protection of the "Red and Green Lights" column in the "Red and Green Lights" column copyright protection and work copyright management services within a certain cycle. The surgery, and the Chengdu tie conducting corresponding legal activities after obtaining authorization, including investigations, evidence collection, prosecution, mediation, recovery, negotiation, etc. of infringeers.

It is worth mentioning that in the "Planning Plan", Chengdu's surgery also specifically mentioned the company's own technical advantages in the field of copyright- "Joint development system with the world's largest copyright monitoring big data center, more than 10,000 machines daily Operating in SOC autologous system "," big data that monitors nearly one million minutes daily. "

Chengdu Tourism wrote in the "Planning Plan" that "based on our technical endowment" can shorten the copyright infringement claims that were not shorter than one year to 8 months.

Regarding the cooperation of the two parties, the "Planning Plan" shows that for the part of the copyright protection income, all the funds are allocated by the two parties according to the proportion of "35%classified as urban radio and television stations, and 65%belong to Chengdu." The medium cost is borne by Chengdu.

For the amount obtained by copyright authorization, the two parties are allocated by the proportion of "40%belong to the urban radio and television stations, and 60%belong to Chengdu."

On the afternoon of July 11, Tan Qiao's personal Weibo forwarded the relevant report and wrote the text: "Where is the promoter behind me?"

According to reports, the relevant person in charge of Chengdu Radio and Television responded on the morning of the 11th that the TV station has not claimed copyright rights to the "Tan Tan Traffic" program for a long time, and "does not mean that any individual can infringe on it casually."

Regarding the authenticity of the above documents and other situations of the incident, the reporter called Chengdu and Chengdu Radio and Television Station. As of press time, he did not get a reply.

However, on the evening of July 11, in response to the "Tan Tan's traffic all over the shelves" and "Tan Qiao was claimed to be 10 million yuan", the producer of the "Tan Tan Traffic" show's urban radio and television station suspected to respond through a lawyer's letter.

Will Tan Qiao really face the "prison disaster"?

So, as one of the creators of the "Tan Tan Traffic" program, why was he sued to infringement?

Attorney Yang Jing'an, a Beijing Chaosheng Law Firm, told reporters that why did Police Officer Tan Queen Police Officer Tan Tan's Transportation himself be removed and defended by his own work? According to experience judgments, there may be the following possibilities:

"First, Chengdu Tourism Culture Communication Co., Ltd. launched rights protection without enough rights protection. It is required to remove the shelves, including Police Officer Tan's self -media account. "

"The third possibility is that Police Officer Tan posted works on the video communication platform through self -media. This approach has unclear copyright ownership with Chengdu Radio and Television Station, or there is no clear communication authority and scope. Therefore, Chengdu Tourism Culture Communication Co., Ltd. takes Police Officer Tan Qixi as the target of rights protection. "

Yang Jingan pointed out that the information that can be known at present is not comprehensive, but according to experience, the possibility of the incident is more likely to occur in the first two reasons. If these reasons are indeed caused by these reasons, then communication should be resolved through communication. In other words, before the court's decision, Police Police Officer's concerns should have been resolved.

Lawyer Xia Hailong, Shanghai Shenlun Law Firm, also told reporters that according to the provisions of the Copyright Law at the time, such TV programs belonged to the "electrical work", and the copyright was enjoyed by the programmaker (usually played by the TV station). Therefore, although Tan Qiao is the host or the protagonist of the program of "Tan Tan Traffic", if there is no other agreement on the copyright ownership of the program in the cooperation contract with the TV station at that time, Tan Qiao is not the "original author" in the sense of copyright law. Do not enjoy the copyright of the program. Therefore, if the plaintiff does obtain relevant authorization, it has the right to file a complaint of infringement. Dong Xinrui, an expert in Beijing Intellectual Property Library, told reporters: "It is understood that Chengdu Tourism Culture Communication Co., Ltd. is a company specializing in lawsuits by lawsuits. This phenomenon has been common in the intellectual property industry in recent years. The "patent hooligan" of litigation profit, "trademark hooligan" that rushed to rush trademarks, etc., as the original author, for the identity in the system, and did not have the copyright filing and protection. These professional operation companies are watching. "

So, is the behavior of Chengdu Tourism Culture Communication Co., Ltd. the "touching porcelain" behavior of abuse of intellectual property rights? Will the claims of the operating company be supported by the court?

Lawyer Yang Jingan pointed out that the so -called "bumping porcelain behavior of intellectual property rights" is a relatively broad concept. It is a simple understanding of life experience, and it is not a legal concept of clear definition. In this incident, the so -called "act of touching porcelain in intellectual property rights" is probably equivalent to the legal "malicious litigation of intellectual property".

"According to relevant laws, if Chengdu Tourism Culture Communication Co., Ltd. has indeed obtained the authorization of Chengdu Radio and Television Station, it is based on the right to file a relevant lawsuit. It is to harm the legitimate rights and interests of others, and it is impossible to define this kind of rights protection to obtain 'obtaining illegal interests'. Therefore, from a legal perspective, the rights protection behavior of Chengdu Tourism Culture Communication Co., Ltd. The behavior of touching porcelain '. Lawyer Yang Jing'an said.

However, Yang Jingan also said that "Tan Tan Traffic" related audiovisual works have been widely loved due to the characteristics of interesting and close people, and have an important positive role in spreading traffic rules. In this case, initiating rights protection is actually not conducive to the spread of the work, and it is not conducive to maximizing its social value. Therefore, from this perspective, this kind of protection is not worth advocating.

Tang Shuyuan, the chief researcher of the Times Digital Research Institute of the Intellectual Property Law and Business Research Center of Shanghai Shanda College, also expressed similar views. He told reporters: "It is difficult to say that Chengdu Tourism Company belongs to the abuse of intellectual property rights. Need a comprehensive consideration in the court. "

"In particular, it is necessary to point out that if such influential public welfare law programs, if they are removed from the shelves or even facing huge compensation, this itself also violates the original intention of intellectual property legal system. Can be handled properly. "Tang Shiyuan said.

As for whether Tan Qiao really faces the "prison disaster", Lawyer Yang Jingan said: "There is no probability that there will be no such situation, and the court should not let Tan Qiao pay so much. Tens of millions of compensation are currently doubtful. "

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