Short Videos Now Protected By Copyright Law in China After Landmark Case

By Bryan Grogan, December 29, 2018

0 0

On December 26, the first-ever verdict in a Beijing internet court ruled that short videos are to be considered intellectual property. That comes after TikTok took out a suit against Baidu’s Huopai for posting one of a TikTok user's works on their site without permission, while also allowing users to download the video. 

TikTok sued Baidu after the company uploaded the video, minus TikTok’s watermark. The short-video platform sued Baidu for RMB1 million in damages, as well as RMB50,000 in reasonable expenses. 

Baidu said that their actions did not constitute copyright infringement because videos uploaded to TikTok are too short to be called original content. 

201812_1545895185896.jpg
Image via bjinternetcourt.gov.cn

Replying to this, the court stated that it does not matter how long the videos are, nor whether the video follows the same theme as another short-video, but rather that the act of creating short-videos requires a certain amount of skill, considering the extreme restrictions on time limits. They ultimately stated that the unauthorized use of short videos can be deemed as copyright infringement.

However, because Baidu deleted the video upon request from TikTok, their use of the video did not constitute copyright infringement. The court later went on to advise both sides of the correct use of watermarks on their websites. 

The verdict is considered a landmark for short video content creation as it clearly establishes a precedent surrounding the creation of short video content for users and platforms to follow in future cases. 

Song Chunfeng, legal representative for TikTok, praised the decision as further progress in promoting and exploring suitable copyright protection for the short video industry, while also protecting the legal rights and creative enthusiasm of short video creators.

[Cover image by Bryan Grogan/That's]

more news

COVID-19 – Entering Beijing is About to Get Even More Difficult

Stricter rules come into force from midnight on November 17.

Beijing: COVID-19 Breath Test Generates Fast, Painless Results

Future breath tests may provide relief for faster and painless COVID-19 results.

Arrests Made After Illegal Entries Into Beijing During COVID-19

A number of people have been arrested for attempting to enter Beijing while not adhering to COVID-19 rules.

PHOTOS: First Snow This Winter in Beijing – 23 Days Early?

The capital got its first batch of winter 2021-2022 snow over the weekend.

Here’s When Beijing’s Central Heating is Switched On

The city has finally announced on which date the central heating will be switched on.

COVID-19: Train Tickets to Beijing From These Places Unavailable

Train tickets to Beijing from a total of 23 areas and 123 stations are temporarily unavailable for purchase.

Leaving Beijing? Take Note of These (Complicated) COVID-19 Rules

Recent COVID-19 cases mean a tightening of rules for leaving and (re-) entering the capital.

A Walmart Supermarket is Part of Beijing’s Olympic Bubble? No

Messages in WeChat groups falsely stated a Walmart supermarket would be designated for overseas athletes and coaches.

0 User Comments

In Case You Missed It…

We're on WeChat!

Scan our QR Code at right or follow us at thatsonline for events, guides, giveaways and much more!

7 Days in China With thatsmags.com

Weekly updates to your email inbox every Wednesday

Subscribe

Download previous issues

Never miss an issue of That's Magazines!

Visit the archives