Beijing Intellectual Property Court: the platform constitutes joint infringement if it cooperates with the anchor to spread short video without authorization

Beijing News (reporter Wang Wei) as short video has become an emerging industry in the Internet, infringement disputes in the industry are also increasing. On August 19, the Beijing Intellectual Property Court issued a briefing on the trial of short video copyright cases. Data showed that in the past six years since its establishment, the court has accepted 45 short video copyright infringement cases, all of which are second instance cases. According to the notice of Beijing Intellectual Property Court today, from the perspective of video types and behaviors involved, the infringement types of short video can be divided into three types: one is to spread short videos made by others on the Internet; the other is to make short videos by using others’ works; and third, to recombine and disseminate videos produced by others. < / P > < p > in short video infringement cases, the actors are the short video producer, the short video network anchor and the short video playing platform. Zhang Xiaoxia, President of the trial and supervision court of Beijing Intellectual Property Court, mentioned that how network anchor and network platform should bear tort liability is a link that needs specific analysis in judicial practice. < p > < p > Zhang Xiaoxia said that if the network anchor involved in the infringement of others’ copyright in the video it played, the responsibility should be determined according to the nature of the platform operator and its relationship with the anchor. “If it is a division of labor and cooperation, the platform and the network anchor constitute joint infringement and bear joint and several liability; if it is the provision of technical services, it is necessary to examine whether the infringed has sent effective notice to the platform.”