The copyright turmoil for the TV series "The Great Military Advisor Sima Yi's Military Advisor Alliance" has arisen again. On April 10, three cases involving copyright infringement disputes between China Mobile's Migu Video and Youku were heard in the Beijing Intellectual Property Court.

A Beijing Youth Daily reporter learned that with the influx of capital from all walks of life into video websites, "super series" have almost become the standard for major video websites. With the intensification of industry competition and the "three-network integration" and other factors, copyright issues have also emerged, becoming a hot spot for various video websites.

Migu was accused of copyright infringement The verdict was more than RMB 4.5 million

The defendant Youku Information Technology (Beijing) Co., Ltd. (referred to as Youku Company) filed the first-instance lawsuit claiming that Youku Company owned the copyright of the TV series "The Military Advisor Sima Yi's Alliance" and Migu Video Technology Co., Ltd. (referred to as Migu Company) provided online users with live broadcast, on-demand and review services of the works involved in the case through its three application platforms: "Migu Aikan" APP, "Migu Live" APP and "Migu Video" APP. Therefore, the court is requested to order Migu Company to compensate Youku Company for economic losses of 8 million yuan and reasonable expenses of 40,000 yuan in each case.

The court of first instance ruled that Migu Company committed an infringement by providing the works involved in the case through the "Migu Love Kan" APP, and should compensate Youku for economic losses of 500,000 yuan and reasonable expenses of 40,000 yuan; Migu Company provided the works involved in the case through the "Migu Live" APP. For the infringement of the works involved, Migu Company shall compensate Youku for economic losses of 1 million yuan and reasonable expenses of 40,000 yuan; Migu Company shall compensate Youku for economic losses of 3 million yuan and reasonable expenses of 40,000 yuan for the infringement of the works involved in the case through the "Migu Video" APP.

Youku's "legal authorization" was questioned due to insufficient evidence

The appellant Migu Company was dissatisfied with the first-instance judgment and appealed to the Beijing Intellectual Property Court. During the trial, both parties had a heated debate on the key points of dispute in the case.

Migu Company stated that the ownership of the TV series involved is in dispute, and the evidence in the case cannot prove that Youku Company has obtained legal authorization. Youku argued that the ownership of the series involved, that is, the authorization chain, is clear and complete. Youku believes that the infringements on Migu Video, Migu Live, and Migu Aikan all involve on-demand rewatching of live broadcasts. The act of on-demand rewatching falls within the scope of protection of "information network rights", and the act of live broadcasting is also within the authorization of the respondent and should be protected by copyright law.

Fierce confrontation over "broadcasting rights"

During the trial, lawyers from both sides had a fierce confrontation over "broadcasting rights." Migu believes that the behavior involved in the case is to disseminate broadcast works to the public through cable transmission or rebroadcasting, which falls within the scope of broadcasting rights. However, the respondent Youku opposes this view.

It is understood that, like TV stations with licenses, Youku also has the "Information Network Broadcast Audio-Visual Program License" issued by the State Administration of Radio, Film and Television, but the business categories are different. The sub-business category of the license obtained by Youku is "Internet Audio-visual Program Services", while the sub-business category of operating private network mobile TV business is "Mobile TV Service".

After the rise of Internet media, video websites have an increasingly powerful voice relative to the convergence of radio, television and telecommunications media. So far, the legal integrated broadcast control parties are the six radio and television organizations that have obtained the mobile communication network mobile TV integrated broadcast control service license from the State Administration of Radio, Film and Television - China Central Television, China People's Broadcasting Station, China Radio International, Hangzhou Radio and Television Station, Shanghai Radio and Television Station, and Liaoning Radio and Television Station. There are only three major communication operators - China Mobile, China Unicom, and China Telecom - as transmission and distribution parties. In other words, the companies being sued are all companies that hold private network mobile TV qualifications.

Another case set a new high in compensation in the first instance

Beiqing Daily reporter noticed that Youku’s business model is an “Internet audio-visual program service” adopted by Internet video companies, that is, it purchases the copyright for a specific TV series, variety show, etc., and then provides it to users. The platform collects revenue by inserting its own advertisements at the beginning, end, and in-film of TV series. During the broadcast of "Military Alliance", Youku filed a pre-litigation injunction application with the Intermediate People's Court of Qingdao City, Shandong Province, requesting a legal order to order China Unicom Wo Video to immediately stop infringement.

According to public reports, the case is in the second instance. It is understood that the first instance of this case exceeded the maximum compensation amount of 500,000 yuan under the Copyright Law. According to the method of calculating the compensation amount for a single episode, the two defendants were sentenced to jointly and severally compensate the plaintiff for economic losses of 15.75 million yuan.