Scripture comments: The answer to the dispute in "Tan Tan Transport" is to encourage creation and dissemination

Core point: From the perspective of relevant judicial practice in recent years, we have reason to believe that the resolution of the copyright dispute of "Tan Tan's Transportation" will definitely be the creation and dissemination of works "encouraging the creation of works that are beneficial to socialist spiritual civilization and material civilization. "Development. The answer to copyright disputes in Tan Tan's Transportation is actually in Article 1 of the Copyright Law.

In the past few days, domestic Internet users have searched and paid the most attention to the laws of copyright law. With the popular "Tan Tan Transportation" program in recent years, it has been completely launched on major platforms. Related copyright disputes have become the focus of public opinion. For the popular "Tan Tan Transportation" former host Tan Qiao, the majority of netizens may speak up, or make suggestions. Unlike ordinary netizens, it is different from the simplicity of Tan Qiao. Many legal circles have different views on the ownership of the copyright of Tan Tan's Transportation, and they are even very different. This reflects the complexity of the copyright dispute to some extent.

Although everyone knows each word in the Copyright Law, it does not seem to be difficult to understand the provisions, but the problem becomes confusing when combined with specific cases. Different people will make different explanations based on their own positions and values. Very normal. If everyone can directly disconnect the case with the legal provisions, what else do the judge do? In particular, "Tan Tan Traffic" was a show on Chengdu TV station in 2005. According to Tan Qiao, there was no contract at the time, which also caused its copyright to belong to, which caused greater uncertainty.

The starting point of all issues is whether "Tan Tan Traffic" is a simple traffic law enforcement record video or an original work? This determines whether the copyright law applies to Tan Tan Traffic. It should be said that this question is not difficult to answer as long as you have seen related videos. As a well -known public welfare law program, although the material adopted by Tan Tan Traffic is a video of traffic law enforcement records, the host Tan Qiao is a transportation police law enforcement, whether intentional or unintentional, its humor and wisdom to communicate with the earth Fresh characters such as "Uncle Erxianqiao" excavated have greatly improved the visibility of the show, making the program significantly different from ordinary traffic law enforcement records. Applicable copyright law.

Under the previous raising, more problems followed, and more differences were caused. Is "Tan Tan Traffic" an oral work, audiovisual works, or other intellectual achievements that meet the characteristics of the work? Does Tan Tan Traffic belong to cooperative works? Does Tan Tan Traffic belong to the job? If it is a job work, does it belong to the work of the material and technical conditions of the TV station and the responsibility of the job? ... The clear answers to these questions in subsequent judicial practice will also determine the ultimate belonging of the copyright of Tan Tan Traffic. At present, Chengdu Radio and Television Station and Tan Qiao themselves have claimed to have relevant copyrights. We can only regard it as a subjective statement without being regarded as an exact fact.

Of course, according to the existing information, the fact that we can determine is that regardless of whether it is a radio and television station in Chengdu or Tan Qiao, we have made their own important contributions to the creation and communication of the "Tan Tan Traffic" program. If the predecessor of Chengdu Radio and Television, Chengdu TV has not planned and launched this public welfare law program, Tan Qiao will probably not get such an opportunity to "show great skills"; if Tan Qiao does not show his charm and originality in the show "Tan Tan Traffic" cannot be welcomed from TV to the Internet, and it has continued to be popular to this day.

What is the final result of the copyright dispute in Tan Tan Traffic? Will Tan Qiao really go to court because of this? We do not know now. However, from the perspective of relevant judicial practice in recent years, we have reasons to believe that the resolution of the copyright dispute of "Tan Tan's Transportation" will definitely be "the creation and dissemination of works that encourage the work of socialist spiritual civilization and material civilization". " Development. The answer to copyright disputes in Tan Tan's Transportation is actually in Article 1 of the Copyright Law. (China Economic Net commentator Deng Hao)

Economic Daily-China Economic Network Review Theoretical Channel is open for submission. Original reviews and theoretical articles can be sent to CEPL#CE.CN (#to@). For details, please refer to Economic Daily-China Economic Network Review Theory Channel's Publishing Channel.

Related articles: "Tan Tan Traffic" copyright storm, "fixed points" can "stop fighting"

The significance of the warning dispute of "Tan Tan Transport"

- END -