Tan Tan traffic copyright infringement, right and wrong? Why does the "legal rights protection" of Chengdu Tour make major websites furious? What does the dilemma of legal rights protection in Tan Qiao remind content creators? Through Tan Tan Flow, the copyright ownership of collaborative programs deserves the attention of all content creators, and the communication characteristics of public service programs deserve in-depth consideration.
0 1 Outside the circle: The "Top Internet Celebrity" in the public welfare popularization program knows "Go to the Erxian Bridge and walk into Chenghua Avenue" whether you have been to Chengdu or not. "Go to Erxian Bridge and take Chenghua Avenue." This sentence originated from the famous network stem of Tan Tan traffic, which was widely circulated in major video websites through secondary creation. In "Traffic in Tan Tan" program, Tan Qiao, the host and traffic police team, was asked about "going abroad in general" for violating traffic regulations, and was named Uncle Er Xianqiao, Uncle Fu Gui and Brother Qiu Qi by netizens. Many interviews and dialogue clips in the program are praised as traditional "classic scenes" by netizens, and there are countless secondary creations about such wonderful clips.
This "Ancient Morning Taste" traffic popularization program, which was broadcast on 13 from 2005 to 20 17, has won the love of the audience and netizens with its humorous interview design style, simple and true program content, fairness and justice and other warmest value orientations, and has been active in the secondary creation area of the video platform. The traffic police team, who has organized the plan for decades, is also known as Mr. Tan's netizen. Since the opening of 202 1, the account has more than 3.9 million fans, and it is a veritable "top online celebrity" in the field of legal education.
However, on July 10, Tan Qiao released a short video in his personal Weibo, claiming that the short video of "Traffic in Tan Tan" published in his personal account was withdrawn in all directions, and he and many second-time creators may face tens of millions of yuan in high compensation. The copyright ownership of Tan Tan traffic has attracted the attention of netizens.
It is understood that "Tantan Traffic" is one of the columns of "Traffic Lights" of Chengdu Radio's modern urban life channel. It was jointly built by this site and the Traffic Management Bureau of Chengdu Public Security Bureau, and was launched in 2005. Tan Qiao, a former traffic policeman in Chengdu, is the host of this program. On 20 18, the program stopped broadcasting, but all the videos were still widely spread on the internet and received rave reviews.
Everyone is either worried that many short videos of "The Source of Happiness" will go offline in the future, or angry that "legal rights protection" has become a tool for price monopoly of some companies, or angry that Tan Qiao is caught in the dilemma of legal rights protection ... The discussion on social development closely surrounding the copyright infringement of "Tan Tan Traffic" has, in a sense, continued the social ideology of this legal popularization program-re-legal education, but this time it is about copyright law.
02 Controversy: The copyright ownership of Tan Tan Traffic is still inconclusive. After the news was released in Tan Qiao, on July 1 1, Chengdu Radio authorized Sichuan Sheng Jun Law Firm to issue a statement saying that Chengdu Radio, as the copyright owner of Tantan Traffic, has the right to legally defend all videos of Tantan Traffic posted on the Internet without permission, and the relevant legal rights protection work authorized Chengdu to spread tourism culture. The legal rights protection work carried out by the company is only aimed at the business entities that make unreasonable profits without the consent and permission of the company, not at others.
Chengdu Youshu Company also presented a certificate of authorization to the media, confirming that Chengdu TV Station granted the property right and the right to sublicense all the works of Tan Tan Traffic, including the right to defend legal rights. The authorization period is from September 20265438 17 to September 2026 16, and the authorized area is Chinese mainland.
In an interview with the media, Tan Qiao said that when he was doing traffic in Tan Tan, he did not sign relevant contracts or agreements with other individuals or all organizations. Which copyright owner of Tan Tan Traffic, or who owns what proportion of interests, needs to be evaluated by an authoritative organization.
Each party has its own words, and many professionals in laws and regulations, news media and netizens have had a heated discussion on the copyright ownership of Tan Tan Traffic. Most netizens fully support Tan Qiao, and feel that the behavior of Chengdu Entertainment violates the original intention of public welfare education and increasing communication of variety shows; Tan Qiao, as the soul of traffic in Tan Tan, should be one of the authors of the program.
Who owns the copyright of Tan Tan Flow, whether Tan Qiao is a performer, whether the variety show is a job work, whether the authorization of Chengdu TV Station is legal and effective, and whether the dissemination of public service videos constitutes infringement, and other legal professional issues, legal and regulatory professionals enthusiastically spoke. At that time, the controversy was inconclusive.
At this stage, in the first case judgment after the copyright infringement case of Tan Tan Traffic, the court held that "Chengdu Radio Station is the author of the audio-visual works involved, and the travel company is authorized by Chengdu Radio Station to enjoy the right to create assets including the right to spread the information network of Tan Tan Traffic and the right to legally defend rights in the authorized area and during the authorized period, and has the right to file a lawsuit." For the first time, it responded to the dispute of copyright ownership of Tan Tan Traffic on the legal level.
In addition, Chengdu Tourism Company, a suspected leather bag company, has also attracted public attention. According to public information, Chengdu Youshu Company was established in March 2065438+2008. The paid-in capital of the company is zero, and the number of employees who pay social security is zero. Up to now, Chengdu Youshu, as an appellant, has involved more than 90 litigation cases, all of which are concentrated this year, and 59 cases were filed for investigation on May 25th.
Many well-known online platforms, including Bili Bili, Vibrato Audio and Video, Baidu Search, Migu, Xiaohongshu, etc., have been sued by Chengdu Youshu, all of which are disputes that damage the right to spread information content on the Internet. Tan Qiao announced in Weibo that after obtaining the copyright of Tan Tan Traffic, Chengdu Youshu Company transferred the legal rights protection related matters to two other enterprises, which was suspected of "doll-like" legal rights protection.
Alarm: Knowledge protection requires content creators to "think ahead". On the one hand, authorized TV program companies protect their rights according to law, on the other hand, they have to go offline to spread a wide range of public welfare programs and secondary works. The copyright infringement incident of Tan Tan Traffic has also caused people to distinguish between the profitability and public welfare of news media public welfare programs, and the balance between laws and regulations in protecting intellectual property rights and encouraging standardized use.
13 "Tan Tan Traffic" has been loved by viewers and netizens since its release, and still has many "fans" on the video platform. This is also the performance of excellent news media works recognized by the audience and the market. In love, the audience doesn't want the well-received public service programs to be forced to go offline because of copyright issues, and they don't want to see Tan Qiao, the main creator of variety shows, spread the programs, and the second creation is found to be infringing. It is even more unacceptable that some companies make money by withdrawing variety shows from major websites and filing a large number of infringement lawsuits.
However, in France, the copyright evaluation of news media variety show works is a serious legal and regulatory professional issue. For online media, specific content copyright is the core asset of the media. Maintaining the copyright of variety shows according to law is the basic civil right of news media, and it is also conducive to enhancing the collective consciousness of social intellectual property management. It should be the protection of physical and mental health and ecology of content creation.
Chengdu TV Station upholds the right of information content network communication according to regulations, but Tan Qiao, the founder, is caught in the whirlpool of "infringement". This case once again vividly proves that there is still a long way to go in the specific practice of intellectual property rights.
Lawyer Yue Shenshan of Beijing Yuecheng Law Firm told Xifeng that adjusting the copyright of content creation by judicial means is not only conducive to protecting the rights of property owners, but also conducive to promoting the spread of goods, especially public works. In view of the dissemination and secondary creation of content creation for the purpose of public welfare, judicial practice should leave room. When the court evaluates the infringement and assumes the responsibility, it also needs to pay attention to factors such as whether the property owner refuses to perform his functions and powers after the infringement, whether it is a malicious lawsuit, etc.
In addition, the different copyright infringement problems of Tan Tan's traffic have reminded content creators and institutions. At present, when the communication channels are rich and diverse, it is an important issue that content creation and communication must "think ahead" and clarify the issue of copyright ownership.
Zhu Xiaoyu, a lawyer of Beijing Jiaguan Law Firm who has been providing copyright management consultant and legal rights protection support for TV broadcasters for a long time, suggested that in the production and broadcasting activities of variety shows, the ownership of copyright and the distribution of benefits of copyright development should be clearly agreed. Generally, it is necessary to sign corresponding agreements to establish the copyright ownership of the results and the distribution of later development and design when making and broadcasting radio and television programs in the form of authorization and cooperation.
For many self-made programs, it is generally necessary to invite special guests and temporary participants to sign short documents to determine the copyright ownership of variety shows and obtain the approval of all-media communication and secondary development of variety shows. For variety shows that lack the agreement on copyright ownership in the initial stage, before the development, copyright is usually cleared and confirmed vigorously to prevent copyright disputes and obstacles to development. That's all. If you have any ideas, please leave a message in the comments section for discussion.