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Beijing Internet Court: the live broadcast platform should be jointly and severally liable for the damage caused by the anchor's infringement.

2025-03-27 Update From: SLTechnology News&Howtos shulou NAV: SLTechnology News&Howtos > IT Information >

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Shulou(Shulou.com)11/24 Report--

Thanks to CTOnews.com netizen Brother Black fly's left hand clue delivery! CTOnews.com, December 15, according to thepaper.cn, the Beijing Internet Court today released the trial of online music copyright cases. data show that from the establishment of the court on September 9, 2018 to November 30, 2022, the Beijing Internet Court accepted a total of 4560 online music copyright disputes and concluded 4046.

Tu Yuan PixabayCTOnews.com learned that the report shows that the subjects in the top 10 cases are platform operators, involving 2351 cases, accounting for more than half of the total number of cases received. In the top 10, online music platforms account for the majority, belonging to the hardest-hit areas of infringement; short video platform after the online music platform, infringement cases also show a frequent trend.

The report points out that the infringement modes involved in online music copyright cases include, but are not limited to, the following categories: first, online music platforms distribute unauthorized songs; second, network anchors sing songs without authorization during live broadcasting, or play songs as background music; third, unauthorized cover songs in short videos, or unauthorized use of other people's songs as background music. The fourth is the music material platform, which provides unauthorized downloading of ringtones and accompaniment music, etc.; the fifth is the online Kara OK platform, which provides "singing" service without authorization; and the sixth is that unauthorized songs are stored and played in the built-in software of smart products. Among them, the trial of tort cases in the field of live broadcast and short video is easy to arouse social concern.

The report also points out that in the field of live broadcasting, it is common for anchors to sing other people's songs or use other people's songs as background music to enhance the atmosphere. In the field of short video, music is one of the most important elements in short video production, and its use forms are more complex and diverse.

In this regard, the Beijing Internet Court made the following judicial decision guidance: first, the live broadcast platform participated in the live broadcast reward share, and set up a column to provide live broadcast review service, and failed to fulfill the duty of care matched with its business model, it shall be jointly and severally liable for the damage caused by the anchor's infringement. 2. The short video platform shall be jointly and severally liable for the use of unauthorized songs in the music library of the platform to make and spread short videos. Third, the short video editing platform, knowing that the authorization of the third-party platform is unknown, still provides targeted search for infringing sound recordings, which constitutes infringement.

In addition, according to the website of the National copyright Administration, a few days ago, the head of the copyright Management Department of the National copyright Administration said that vicious disputes between online music service providers continue to escalate, resulting in an imbalance in the order of online music. at present, there is no online music service provider that does not have copyright problems, but the severity of the problem is different.

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