On November 25, the Beijing Internet Court made a first-instance judgment on the Youku v. Kuaishou case relating to violation of a television series “Skate Into Love.” Youku won the case and was compensated 460,000 yuan ($72,193).
Skate Into Love was launched on Youku because March 19, 2020, and Zhejiang Satellite Television and Jiangsu Satellite television broadcast it concurrently. Youku owns the unique right to spread out material of this television drama online in mainland China. The platform alerted Kuaishou to take pertinent preventive steps with a caution letter and e-mail on the day of launch, so Kuaishou might protect infringing details and prevent unlawful activity.
However, the day after the broadcast, when looking for Skate Into Love on the Kuaishou app, users might discover various examples of infringing material in numerous types, such as routes and entire episodes. Ever since, Youku has actually consistently sent out violation notices and needed Kuaishou to erase content infringing this television drama. Still, Kuaishou enabled its users to submit television dramas. Youku discovered 607 total episodes throughout the duration, and this was simply drawn out from the 30 Kuaishou accounts it looked for. These 30 accounts brought in a broadcast volume surpassing 33 million.
The Beijing Internet Court held that Kuaishou was required to deal with and attempt its finest to avoid users from submitting infringing videos through keyword search, however Kuaishou didn’t take matching procedures to stop violation after getting the alert letter. Rather, it assisted violation and must bear legal obligation.
It deserves discussing that this is not the very first time that brief video platforms have actually been demanded violation. In August, Tencent Video discovered that in the Douyin app, many unapproved videos were managed and cut from the hit drama Crime Crackdown. The business then took legal action against Douyin in court, requiring settlement for financial losses and rights security expenditures amounting to 100 million yuan.
In September, the Beijing Intellectual Property Court made a second-instance judgment on Kuaishou’s violation of Ming Dynasty television drama, supported the initial judgment, and sentenced Kuaishou to compensate Youku for financial losses of 280,000 yuan and sensible expenditures of 10,000 yuan.
The brief video platforms have actually long infringed rights by copying, cutting and recreating material. On April 9 this year, 53 movie and tv business, 5 video platforms and 15 movie and tv market associations provided a joint declaration, revealing to introduce central and needed legal rights security actions versus unapproved modifying, cutting, managing and dissemination of movie and tv deal with the web.
Tencent emailed ByteDance’s brief video platform Douyin on November 11, stating that Tencent’s Creation Service Platform now prepares to slowly open licensed and certified copyrighted material and production tools to developers, allowing them to produce secondary deal with a legal and certified basis.