In half a year, Tencent claimed nearly 3 billion yuan from Tik Tok. For short video infringement, the film and television industry has long had a voice. Tencent applied to the court to change the litigation request, raising the claim amount of Douluo Mainland to 800 million yuan. Tencent claimed nearly 3 billion yuan from Tik Tok for half a year.
Tencent claimed nearly 3 billion yuan from Tik Tok for half a year,165438+February 2 1. According to the interface news report, there has been new progress in the dispute between long and short videos that lasted for 8 months recently. Tencent applied to the court to change the claim, increasing the claim amount of Douluo Mainland from 610.6 million yuan to 800 million yuan. So far, the total amount of the subject matter that Tencent sued Tik Tok in the past six months has exceeded 2.943 billion yuan.
On May 30th, 20021year, the official account of Tencent Video WeChat released the Douluo mainland animation statement, indicating that after the animation episode 158 was launched on this platform, more than 600 infringing links were found on platforms such as Bili Bili, Tik Tok and Aauto Quicker, including unauthorized full-version animations, clips and collections. Tencent video pointed out that these links have seriously damaged the legitimate interests of animation creators and copyright owners. Tencent Video condemned these acts of infringing intellectual property rights, openly pirating and disrupting the order of the online video industry, and said that it would investigate the tort liability according to law.
According to a person close to ByteDance, from June 20021year to February 200210, Tencent sued Tik Tok 18 courts in three provinces across the country for copyright infringement, with a total bid amount exceeding 2.943 billion yuan. Among them, there are 4 cases with 1 100 million yuan or more, and Douluo Mainland has the highest bid, reaching 800 million yuan; Followed by "You are my glory", 755 million yuan.
It is reported that on April 9 this year, more than 50 film and television companies, five major video platforms and film and television industry associations issued a joint statement, calling on producers and operators of short video platforms and WeChat official account to respect originality and protect copyright, and not to edit, edit, process and disseminate related film and television works without authorization. The joint statement includes China Television Art Exchange Association and other associations, video platforms such as iQiyi, Tencent Video, Youku and Mango TV, and film and television companies such as Noon Sunshine, Huace Film and Television, Ciwen Media and Xinli Media.
In half a year, Tencent claimed nearly 3 billion yuan from Tik Tok. Two days ago, the TV series "Sweeping the Black Storm" starring Sun and others was being broadcasted by Tencent video. Tencent Video sued Tik Tok to Beijing Intellectual Property Court because it found that Tik Tok had a lot of unauthorized processing and editing of drama videos.
Tik Tok replied to the Southern Reporter that Tik Tok had handled Tencent's complaints about the "black storm" in a timely manner and would actively respond to the lawsuit according to the specific circumstances of Tencent's prosecution.
It is reported that on August 9, the TV series "Sweeping the Black Storm" was officially launched in Tencent Video. Du Nan reporter learned from Tencent that Tencent Video, as the exclusive information network communication right holder of "Sweeping Black Storm", had issued a "Right Warning Letter" to Tik Tok for three consecutive days before the series was launched, and issued a "Notice of Infringement" to the defendant after the infringement was discovered.
However, within 1 hour of the opening night of the series, Tencent Video found that users uploaded infringing content on Tik Tok one after another, followed by the best clips and collections containing all the updated series of the night (VIP users only).
In addition, Tencent Video said that Tik Tok did not delete the infringing video within 12 hours after Tencent Video sent a letter, nor did it take effective measures to prohibit users from uploading infringing videos. Instead, users are actively recommended to watch infringing videos through algorithms, technologies and other means, so that infringing videos can spread quickly and widely on the vibrato platform.
To this end, Tencent Video requested the court to order Tik Tok to take effective measures immediately to delete, filter and intercept the infringing videos on the Tik Tok platform, stop seeking illegitimate interests by spreading the infringing videos involved, and compensate economic losses and rights protection expenses, totaling 654.38 billion yuan.
In this regard, the relevant legal person in charge of Tik Tok told the Southern Reporter that he had not received the court notice after internal verification. Previously, Tencent's complaint about the "black storm" has been off the assembly line in time by Tik Tok, who will actively respond according to the specific circumstances of Tencent's prosecution.
Tik Tok said that "Sweeping Black Storm" has established a cooperative relationship with Tik Tok, and the third party that cooperated with Tencent to undertake "Sweeping Black Storm" has opened an official account of the works in Tik Tok, and the published works have won nearly 10 million praises, and are still being continuously updated. In addition, the partners also asked Tik Tok to plan hot topics and other operational activities for the "black storm".
On the afternoon of August 18, Southern Reporter searched for "Sweeping Black Storm" on Tik Tok App, and the official account of "Sweeping Black Storm of TV Series" released 79 videos, with 578,000 fans and 9.734 million praises. In addition, Southern Reporter's search for "Black Storm Collection" found that there are still some clip videos of "Black Storm" series.
At present, the Tencent video Black Storm has been updated to the eighth episode, and the VIP has been updated to the first 12 episode in advance. In the actual measurement, some Tik Tok episodes have also been updated to 12 episodes, and some plot contents have also been mentioned in the text introduction.
It is worth mentioning that the film and television industry has long voiced the problem of short video infringement.
On April 9 this year, more than 70 film and television media organizations such as Tencent, Youku and iQiyi issued a joint statement, which will take legal action against unauthorized short video infringement.
Subsequently, on April 23, the above-mentioned units and more than 500 artists such as Li Bingbing and Simon issued a proposal, calling for the protection of the copyright of film and television works and opposing the infringement of short videos.
The proposal calls for the short video platform to promote the compliance management of copyright content, and prevent unauthorized cutting, processing, fast viewing and editing of film and television works through technical means such as keyword and video fingerprint comparison. In addition, the producers and operators of public accounts should also follow the principle of "authorization before use" and clean up the contents of unauthorized film and television works in the accounts.
In half a year, Tencent claimed nearly 3 billion yuan from Tik Tok. Reported on March 365438+February 2 1. Recently, the eight-month-long video dispute has made new progress. Tencent applied to the court to change the claim, increasing the claim amount of Douluo Mainland from 610.6 million yuan to 800 million yuan. So far, the total amount of the subject matter that Tencent sued Tik Tok in the past six months has exceeded 2.943 billion yuan.
At the beginning of June, 20021,Tencent applied for pre-litigation behavior preservation for Douluo Mainland animation in Chongqing No.1 Intermediate People's Court, arguing that the content uploaded by users on Tik Tok platform infringed the copyright of Douluo Mainland. Tencent asked Tik Tok to immediately delete all infringing videos and take effective measures to filter and intercept infringing videos uploaded and disseminated by users. Without substantive trial, the court made a ruling two days after receiving the application for behavior preservation and supported Tencent's request.
After that, Tencent officially sued the case to Chongqing No.1 Intermediate People's Court. In addition to the requirements of behavior preservation, Tencent also requested the court to order Tik Tok to compensate for economic losses and reasonably spend 6 1.6 million yuan. The reporter learned from relevant channels that at the beginning of 2002 1,1,Tencent applied to change its claim, changing the claim amount from 6 1.6 million yuan to 800 million yuan.
Almost at the same time of behavior preservation in Douluo Mainland, ByteDance, the parent company of Tik Tok, also applied to Chongqing No.1 Intermediate People's Court for behavior preservation of TV series "Liang Jian" in June 20021year. ByteDance asked Tencent Video to immediately delete the infringing content of "Bright Sword" and take effective measures to prevent the infringement from happening again.
However, unlike the procedure of Douluo Mainland case, the court organized a trial on Liang Jian's behavior preservation and informed Tencent to participate. After hearing the case, the court held that Tencent had stopped the spread of the infringing video after learning of the application for preservation, and there was no urgency to take protective measures, thus rejecting ByteDance's application.
Since June 20021year, the copyright war between long and short videos has intensified. Marked by the Douluo Mainland case, this dispute changed from a war of words to a lawsuit. According to a person close to ByteDance, from June 20021year to February 200210, Tencent sued Tik Tok 18 courts in three provinces across the country for copyright infringement, with a total bid amount exceeding 2.943 billion yuan. Among them, there are 4 cases with 1 100 million yuan or more, and Douluo Mainland has the highest bid, reaching 800 million yuan; Followed by "You are my glory", 755 million yuan.
It is understood that in addition to the ultra-high claim amount, Tencent also applied for pre-litigation or litigation behavior preservation in 54 cases.
According to Wang Weiwei, a partner lawyer of Beijing Wen Zhong Law Firm, the basic principle of civil damages compensation is "the principle of filling in the flat"-how much the obligee loses and how much the infringer compensates, and the civil litigation system does not encourage profits through litigation. Unless it is proved that the infringer is a malicious infringement, the court may apply "punitive damages", and "punitive damages" also have an upper limit, that is, five times the profit of the infringer.
According to public information, in August 2020, the Beijing Internet Court made a judgment on another infringement case in Douluo Mainland. The plaintiff in this case is Tencent and the defendant is Beijing Chineydy Mutual Entertainment Technology Co., Ltd. (hereinafter referred to as "Chineydy Mutual Entertainment"). The works involved are 26 episodes of Douro mainland animation. After hearing the case, the court held that Chineydy should compensate Tencent for its economic loss of 50,000 yuan and reasonable expenditure of 30,000 yuan, accounting for 80,000 yuan.
According to the Southern Metropolis Daily, before and after the Spring Festival of 20 18, the vision china website offered a settlement fee of 5 million yuan to an enterprise for four suspected infringing pictures. After the relevant information was exposed, "vision china" was given an administrative penalty of 300,000 yuan by Tianjin Netcom Office. "'vision china' was later dubbed by netizens as' extortion' to defend rights. This is not a healthy and benign practice for copyright protection. " Wang Weiwei said.