In the second half of the short video, the battle for copyright begins, who will start the "formation"? | cara setel ban mobil makan sebelah, mimpi banjir besar 4d, indo777

In the era of short videos, it may only take 15 seconds for a person to become famous. But the time that people can remember may only be 15 seconds. what to do?

Awei (pseudonym), who entered the short video field in 2017, decided to temporarily stop updating in mid-December 2018 after a year of struggle. "It's not that the traffic is bad, I often have a single short video with a score of over 100,000 or a million, but so what?" Awei was quite helpless: Just when you think having 100,000 fans is awesome, the distance disappears from the stage, which is a countdown. I think it might be better to settle down, or sell the current account and start over.

But Ah Wei’s partner had another theory about the suspension: He was frightened. Not long ago, a colleague had an own incident, but he kept complaining about it for several days, fearing that he would also be traced for infringement.

This oolong incident refers to the fact that at the end of November, a Huawei mobile phone review uploaded to the Bilibili Video website by a well-known short video creator of mobile phone reviews was deleted. The reason was that "the copyright owner (Huawei Terminal (Dongguan) Co., Ltd.) requested that this site remove the video."

Afterwards, both the website and Huawei admitted that they had deleted it by mistake, and the video was restored.

The safe harbor principle and secondary creation no longer work

In Awei's view, this own incident is actually a signal - if the other party does not have a certain influence on Weibo and posts on Weibo to defend their rights, and a fan happens to forward the post to Huawei's senior management...

There are so many accidents that happen to change the outcome. Especially himself, he also focuses on the field of mobile phone evaluation short videos and distributes them on multiple platforms. The only difference between Awei and his colleague who was wronged is that Awei’s short videos are not original, and a lot of the content has been ported over.

However, Ah Wei does not admit that he is a porter.

"Although we have good relations with some mobile phone dealers and can get real phones earlier, how can I get so many new mobile phones in a small business?Evaluation. "Awei defended: The evaluation must not only be accurate, but also fast enough. It is best to be able to disassemble and test the machine as soon as possible on the day of release, especially some overseas models. So for the sake of speed, I will find some videos on foreign sites from time to time.

In fact, he has another shortcut to establish cooperation with mobile phone manufacturers.

Ah Wei once tried this: "The money comes in quickly and the release is timely. But as Party B, you are always subject to many restrictions, and you can't give negative reviews. It's just a disguised soft article, which is too unobjective." "Awei chose independent evaluation: otherwise, fans would lose a lot.

However, such routes are becoming increasingly narrow.

Although Awei's videos will undergo secondary processing. For example, one video will be edited into several 15-second short videos according to different evaluation directions, re-dubbed, and some filters and funny elements will be added. This is called secondary creation in the industry.

But in the last quarter of 2018, the "winning rate" of such videos being taken down became futilely high. The reason can be traced back to March, when national regulators issued a document requiring a firm ban on the illegal grabbing, editing, and adaptation of audio-visual programs.

At that time, Ah Wei, like many other porters, had a sense of luck, as long as he did not edit movies and TV series, especially famous ones, like "Murder Case Caused by a Steamed Bun".

But in September, the National Copyright Administration interviewed 15 key short video platforms, including Douyin, Kuaishou, Xigua Video, and Huoshan. In addition to reaffirming the "Jian Wang 2018" special campaign to combat online infringement and piracy that started in July, and making special rectification of short video copyrights a key task of the special campaign, it also specifically emphasized that it is not allowed to abuse the "safe harbor" rules to infringe on other people's works in the name of user uploads.

Two months later, the National Copyright Administration issued a notice that 15 short video platforms removed 570,000 infringing and pirated works. This has become the key background for Awei’s “moved short videos” to be frequently removed from the shelves.

The safe harbor principle no longer works, and the other "safe haven" that porters use to comfort themselves - secondary creation, is also unavoidable.

Unwritten rules have been broken: no matter how short a video is, it still has copyright

There has always been an unwritten convention in the video field that disseminating videos within 5 minutes is considered fair use.

Corresponding to the National Copyright Administration's announcement that "through more than a month of rectification, the short video copyright protection environment has been significantly improved," rights protection, which was generally considered "thankless" in the past, has also begun to take action.

At the end of November, the Haidian Court concluded two short video infringement cases. The plaintiff Kuaishou Company complained that Kuaishou App users uploaded and published two short videos on the Kuaishou App: "PPAP" (36 seconds long) and "No one has this IQ" (18 seconds long), and received tens of millions of clicks. The defendant, Huaduo Company, uploaded and published the video involved in the case in the "Small Video" App operated by it without its permission. This behavior infringed on its copyright and should bear corresponding legal liability.

In the end, the defendant was ordered to pay compensation of 10,000 yuan each. The judge pointed out that as long as the short video meets the attributes of a "work", it is protected by copyright law regardless of its length.

In the previous September, Kuaishou also sued Huapai Xiao Video for infringement of the "5.12, I want to say to you" short video uploaded by its users. As the first case accepted by the Beijing Internet Court since its establishment, it also aroused widespread public attention.

The biggest difference is that although there have been similar short video lawsuits in the past, they are not pure games between short video platforms.

For example, in the case of iQiyi v. Wasu's "Flower Thousand Bones", the court did not recognize Wasu's defense that "the use of "Flower Thousand Bones" is only 1-3 minutes of each episode, which constitutes fair use." However, the two companies are online videos rather than pure short video platforms.

The short video platform joined the rights protection group, which became an ultimatum to scare away porters like Awei. And some short video creators who claim to be original have also begun to worry of their own.

Cover singing has become an area where problems are most likely to occur.

Song Yun is a creator who is keen on covering songs on Douyin. What she is most worried about is whether the cover is considered infringement, especially after users reward it, the line of "not for commercial purposes" will be crossed.

This has also become a hot topic in the media.

Zhang Weijun, director of the Intellectual Property and Competition Law Research Center at Tongji University Law School, wrote an analysis in the China Press, Publication, Radio and Television News: Since the act of a singer uploading a recorded cover video to a short video platform does not constitute a mechanical performance, it is impossible to infringe on the right to public performance, so there is no need to discuss whether "free performance" is established.

But he also believes that "the behavior of covering other people's musical works in short videos is mostly an information network communication behavior of 'providing works to the public so that the public can obtain the works at a time and place of their own choosing'. Therefore, it can be controlled based on the right of information network communication, and there is no place for performance rights."

Obviously, the focus of the academic community is which legal provisions apply, and if the cover is not authorized by the copyright owner, it is extremely easy to reach the boundary of infringement.

"Especially now that online music has long been popularized with the 'strictest copyright order', and a large number of online music copyrights are concentrated in Tencent. In the future, we can only sing on Tencent's short video platform?" Song Yun, who claims to have studied the law for the first time in order to figure out the future, is very worried: Tencent may not be able to authorize others to cover songs. At most, it can only be used in short videos."Original music", wouldn't the screen be full of boys from the back room, how can they have fun playing it.

How to save the unreliable technical blockade?

Offensive and defensive battles in the copyright field often end in technological games. Short videos are no exception.

Awei is still very self-aware, "Among the porters, I belong to the content stream, which is also called not in the stream. Nowadays, more of the 'bad things' are caused by the technical stream. They still have room for survival, but I disdain to associate with them."

The technical flow in Awei's words is quite a bit like a hacker.

On the surface, videos are more iconic than text. Articles on self-media may be able to avoid plagiarism detection by changing their appearance, but the moved videos do not seem to be essentially replaced. However, in skilled hands, anything is possible.

On the Internet, some people are promoting this kind of technical software. When moving short videos, in addition to downloading these short videos in batches and eliminating the platform's watermark, you can also modify the MD5 at the same time.

Awei said that MD5 refers to a password widely used in the field of computer security to provide message integrity encryption protection, which is equivalent to the "ID card" of files. If it is modified, even if you know it is a clip from "Westward Journey" at a glance, it will be recognized as "original" when the platform data detects it.

In fact, on some e-commerce platforms, such technology flow transfer software and related tutorials are publicly sold.

Earlier, reporters from Nandu also conducted actual tests and found that videos without watermarks were indeed parsed and could be disguised as "original" by modifying files and other methods.

How to crack it? Zhu Weiji (pseudonym), a staff member of a short video platform, believes that there is currently no more effective method. Although it cannot fool the human eye, it requires a huge number of reviewers, and who can guarantee that they have watched various short videos? He pinned his hope of cracking this technological flow on the rise of artificial intelligence.

"There were expertsIt is proposed that the rights holders can send some relevant rights certificates and film sources themselves and put them in their system. The system will then automatically block unauthorized clips, short videos, or related clips related to this video source. "Zhu Weiji said: In the past, comparisons were based on MD5, and even with this information, the comparison could not be made. But artificial intelligence, especially artificial intelligence in the field of computer vision, can make comparisons based on pictures. Although a car advertisement with a photo of a celebrity was misinterpreted as an oolong of a celebrity crossing a zebra crossing, it is entirely possible to achieve effective screening through pure video comparison.

However, most short video platforms have not made much progress in the field of artificial intelligence, and may need to spend a sum of money to cooperate with artificial intelligence companies.

Zhu Weiji lamented: This all takes time, especially when the short video platform is still in a life-and-death game, where is the spare capacity and balance to "recharge" artificial intelligence.